criminal record expungements
One of the least-used provisions in California law is the criminal record expungement laws. It’s too bad because getting an expungement can be relatively easy to do. And, there are certain benefits to getting one.
Generally speaking, most misdemeanor and felony offenses can be expunged, with certain exceptions. Those exceptions include certain sex offenses and those crimes that resulted in a sentence to state prison. Expungement is even available for those sentenced to serve a prison sentence in county jail under the realignment provisions pursuant to Penal Code section 1170(h)(c)(5).
Although not a complete whitewash of your record, an expungement does have certain benefits. The most important is being able to tell others, especially potential employers, that you do not have a conviction of a crime on your record. Employers would be prohibited from discriminating against you solely because of your expunged record. Another benefit is obtaining a professional license. In my practice, I have seen the impact a criminal conviction has on a person’s ability to obtain and keep a license. Those rules are becoming more strict every single year. While an expungement will not guarantee you a professional license, it will help immeasurably.
When you consider petitioning for an expungement, you should consult with an experienced attorney to assist you. During that meeting, be prepared to provide all documents related to that conviction. You are in the best position to get your petition granted if you have successfully completed all terms and conditions of your probation, including pay all fines, fees and completed all jail terms and/or community work service hours. Moreover, you should have not committed any additional offenses since your original conviction. It is also helpful if you have a good reason for needing the expungement, such as seeking employment.
Keep in mind; even if you had violations of probation or subsequent convictions, the court may still grant your petition. Except that the burden will be significantly greater. You will likely need to show a significant period of time in which you are crime free. I would also want to see letters from members of the community, such as an employer, a clergyman, or other community leaders to support your petition. Even then, it will take a skilled advocate to expunge your prior record.
If you have been convicted of a felony “wobbler”, or a felony capable of being charged as either a misdemeanor or felony, you are also entitled to ask for a post conviction reduction to a misdemeanor and then an expungement. A felony conviction carries with it tremendous consequences, and will close many doors and freedoms in one’s life. If you can get this relief, it is well worth your time and money to make it happen.
In my practice, I have handled literally hundreds of criminal expungements. If you are thinking about having this done, please contact me immediately and we can discuss your options.