Expungement of Criminal Records in California

Expunge Your Record

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Expungement

California law permits certain misdemeanor or felony convictions to be expunged. An expungement is a court order that dismisses your conviction and erases it from your public record1. Your eligibility to apply for and receive a record expungement depends on the following circumstances in your case:

Requirements For Eligibility
  • No state prison time was served2.
  • All conditions of your sentence and probation have been completed3.
  • No other criminal charges are pending4.
  • You did not violate your probation though this is not necessarily a disqualifying condition5.

If you did violate your probation, then you will have to explain how an expungement will benefit you and your family situation. The court will look at the nature of your violation, how long you were on probation and your overall criminal record.

Effect Of An Expungement

The effect of an expungement includes:

  • You may state under oath that you were never convicted of that particular crime
  • You do have to disclose your conviction and that it was expunged if you are applying for a public license or for public sector employment
  • You have to disclose the conviction and expungement if running for public office
  • Disclose it if you are applying for a license or contract with the State Lottery Commission
  • If you reoffend, your expunged conviction can be used by the court to enhance your sentence
  • You right to own or possess firearms is not restored6
Requirements For Disclosing Your Conviction

You will have to disclose your conviction as well as the expungement under certain circumstances:

  • If applying for a public or professional license
  • If running for public office
  • Should you apply for a license or contract with the State Lottery Commission

An expungement does not totally erase your record. Should you commit a subsequent offense, the court can use your prior conviction to increase your sentence and to extend the time of your license suspension if you commit a DUI.

Further, your right to own or possess firearms is not restored.

Steps To Receive An Expungement

To receive an expungement, you or your attorney will do the following:

  • Move the court to grant early termination of your probation
  • Request that your felony conviction be reduced to a misdemeanor if you were convicted of a felony that is considered a wobbler
  • File an application for expungement using Form CR-180, Petition for Dismissal

Once the court orders the expungement or dismissal, an order is sent to various criminal databases to delete your record.

Hiring An Attorney

The Aizman Law Firm has a 100% success rate with regard to expungements that are required to be granted by law. This includes arguing on our clients behalf when judges have wrongly denied these motions and we have had them reversed.  Our goal is to make sure that the law is upheld and our clients receive the relief that the legislature has set forth for them.  Contact us at 818-351-9555 for a free case evaluation.

Request A Free Consultation 818-351-9555 

Footnotes

  1. California Penal Code 1203.4(a)(1) – In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. []
  2. California Penal Code 1203.4 PC, See Footnote 1 []
  3. California Penal Code 1203.4 PC, See Footnote 1 []
  4. California Penal Code 1203.4 PC, See Footnote 1 []
  5. California Penal Code 1203.4 PC, See Footnote 1 []
  6. California Penal Code 1203.4(2) – Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. []