What You Need to Know about Expunging a Misdemeanor in California
Being convicted of a misdemeanor can impose challenges on one’s personal life and employment opportunities. Fortunately, one can file a petition with the court to expunge a prior misdemeanor. Here is how to expunge a misdemeanor in California.
What is Considered a Misdemeanor in California?
By California law, a misdemeanor is a criminal offense that results in up to one year in jail, a fine of $1000, or, in some cases, both. Examples of misdemeanors include DUIs that did not result in injury, theft, battery, being drunk in public, etc. Most misdemeanors can be expunged.
Definition of Expungement
When a misdemeanor is expunged in California, a guilty plea to a conviction on one’s record is replaced with a permanent non-guilty plea, and the case is dismissed. Resultantly, the conviction no longer appears on one’s record.
Related: Do Misdemeanors Require Jail Time?
Qualifications for Expungement
To qualify for expungement in California, it is required that:
- One is not currently serving probation
- One must not be charged with another crime
- The crime in question is a misdemeanor. If the crime was a felony, it must be a felony that could have been charged as a misdemeanor.
Additionally, one must have paid all court-ordered fines.
Disqualifications for Expungement
One will be disqualified from expungement if they:
- Received a felony with a prison sentence
- Committed a sexual offense against a minor
- Violated a vehicle code which resulted in two or more points on their license
How to Expunge a Misdemeanor in California
The following steps explain how to petition for expungement in California.
- One must obtain a copy of their criminal record. One can make this request to a superior court.
- One must complete probation if it was given before petitioning for expungement. It is possible to end probation early through petition if so desired.
- Pay all required court fines related to the misdemeanor.
- Fill out a Petition for Dismissal (form CR-180) and submit it to a courthouse in the county where the conviction took place.
- A hearing will be scheduled to take place at the courthouse. A prosecutor must be informed of the hearing at least fifteen days before its occurrence. During this time, a district attorney can challenge the expungement. After this period they are no longer able to do so.
- Either the defendant or the expungement attorney must be in attendance at the hearing.
- If the judge rules in favor of the defendant, then the misdemeanor will be expunged.
Related: California Wobbler Crimes: Misdemeanor or Felony?
How Much Does It Cost to Expunge a Misdemeanor in California?
Costs of filing a petition for expungement in California are dependent on the specific courthouse one submits the petition to; however, costs generally range between $100-$400 if done by oneself. It is highly recommended that one hires an attorney to assist in the process to maximize one’s chances that the expungement is successful.
What Misdemeanors Cannot Be Expunged in California?
Any misdemeanors involving child pornography, sexual assault, lewd acts involving a minor, and refusing police inspection of a vehicle cannot be expunged in California. Specifically, non-expugnable misdemeanors include:
- Misdemeanors under Penal Code Section 288(c)
- Infractions under Vehicle Code 42001
- Misdemeanors under Vehicle Code Section 42002.1
Limitations of Expunging a Misdemeanor in California
Expunging a misdemeanor cannot completely undo the consequences of the initial charge. Expunging a misdemeanor will not
- Restore the right to a driver’s license
- Restore the right to bear arms in California
- Allow one to not register as a sex offender
Such limitations may be addressed by a California Governor’s Pardon or a California Certificate of Rehabilitation.
Contact Us
If you or a loved one would like to learn more about Expunge a Misdemeanor California, get your free consultation with one of our Criminal Defense Attorneys in California today!