If you have been convicted of a misdemeanor in California, you may be worried about being able to get a job or rent an apartment because a conviction is on your record. A procedure called “expungement” under California Penal Code 1203.4 pc can allow you to have a misdemeanor conviction removed from your record in California.
Expungement is a process where you petition the court to:
- Step (1) Reopen a criminal case
- Step (2) Get the conviction dismissed,
- Step (3) then get the court to close the case.
Getting a misdemeanor offense expunged from your record in California will allow you to go on with your life and seek jobs and other important opportunities
says Los Angeles criminal defense attorney Diana Weiss Aizman
There are a few things you should know about getting a misdemeanor expunged in California. First, if you have a misdemeanor expunged in California, the arrest and charges will still exist. Second, expunging a misdemeanor conviction will not overturn a driver’s license revocation that you received for a DUI offense. Third, expunged convictions can sometimes still be used as priors in California to enhance sentencing.
The laws governing the requirements for getting a misdemeanor expunged are in California Penal Code section 1203.4 pc and 1203.4a pc. In order to expunge a misdemeanor conviction, you need to first get a copy of your criminal record from the court or the California Department of Justice. Next, you must submit the Judicial Council form called the “Petition for Dismissal” (CR-180). You may also want to submit form MC-030, which is a declaration to explain the need for the expungement and to explain your situation in life. Your expungement petition must be filed in the county where you were convicted in California and the court filing fee usually costs anywhere from $60 -$120 but each court can have a different fee. You should contact the court difrectly to find out the fee or your attorney can tell you.
Misdemeanor Expungement FAQ’s
1) What are the requirements I have to meet to get a misdemeanor expunged Under Penal Code 1203.4 PC?
If you want to get a misdemeanor expunged you have to show that you complied fully with the court’s sentence, are not currently serving another sentence, are not currently charged with another offense, and that it has been 1 year since the court entered the judgment in your case.
2) What if I can’t afford to pay the fee to file an expungement petition?
You can request a fee waiver and you must do this by completing a Request to Waive Court Fees Form (Form FW-001).
3) What types of convictions can’t be expunged in California?
You cannot expunge any crime which required you to serve your time in state prison. You also may not be able to expunge certain serious vehicle code violation offenses and cannot expunge serious sex offenses committed against children in California.
4) If I was sentenced to prison, can I get my conviction expunged?
People who have served time in the California state prison (because of a court sentence or because they violated their probation) cannot expunge their convictions in California. These people must apply for a certificate of rehabilitation or a Governors pardon.
5) What will show up on an employer background check?
What appears on a background check entirely depends on the type of background check that is being performed. If the employer does a standard commercial background check, the chances are the conviction and the case will not appear on the background check. If the employer requires you to submit fingerprints and provide a copy of your CA Department of Justice report, your report will show that there was a case in the past. However, it will also show that your case was dismissed and there is no convictionon your record.
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Choosing an Attorney to Process Your Expungement
The state of California has implemented many tough laws, and a misdemeanor conviction may affect someone’s ability to get a job, attend school or find housing. If you have been convicted of a misdemeanor in California, you may want to get the conviction expunged so that it is removed from your record.
At the Aizman Law Firm, our experienced attorneys have a 100% success rate at having the petitions granted and we can help you with the process of getting a misdemeanor conviction expunged from your record. If you need to speak to a attorney about your misdemeanor case or about getting a conviction expunged from your record, please call our office at: (818) 351-9555