When you face an arrest and criminal charges in California, the prosecutor decides whether to charge you with a felony or a misdemeanor. A felony conviction has severe legal and collateral consequences. In addition to spending a lengthy time in prison, your conviction can limit your constitutional rights and impact your personal and professional lives.
Under California law, various forms of post-conviction relief can help you avoid the collateral consequences of a criminal conviction. Expungement is a common form of post-conviction relief through which you can put your felony conviction behind you. Expunging your conviction involves withdrawing a guilty or no contest plea and exchanging it with a not guilty plea before a case dismissal.
Expunging a felony is not as straightforward as expunging a misdemeanor. In addition to meeting the eligibility requirements, you may need to ask the court to reduce your felony to a misdemeanor before expunging it. The process of expunging a felony is lengthy and complicated. Therefore, you require the guidance of a skilled criminal attorney.
Understanding Felony Expungement
Under California law, an expungement is a legal proceeding that allows you to avoid the disabilities of your criminal conviction. With an expungement, the court will enable you to exchange your guilty plea with a not-guilty plea before dismissing your case. California PC 1203.4 governs the expungement process and outlines the procedure for expunging different offenses.
Eligibility Criteria for Expunging a Felony Conviction
Not all individuals can avoid the disabilities of their felony conviction through an expungement. Before you file your expungement petition, you must meet the following criteria:
You are Not Facing any Criminal Charges
You can file a petition to expunge your felony after your conviction. However, you will only qualify for the expungement if you are not facing additional criminal charges from the offense or a different offense.
You are not Serving a Sentence for the Felony Conviction or Another Offense
You can only petition the court to expunge your felony conviction after completing your sentence. A sentence completion means you must have served your jail time and paid all your fines. If you have a pending sentence for the felony or any other offense, the court will dismiss your expungement petition.
You Did not Serve Prison Time for Your Offense
When you face a felony conviction in California, the court can imprison you or impose a jail sentence with fines. Defendants who served their sentence in state prison are ineligible for an expungement under PC 1203.3.
You Have Successfully Completed Your Probation
In California, the court imposes probation as an alternative to incarceration for defendants facing misdemeanor or felony charges. Felony probation lasts up to five years, allowing you to serve a portion of your sentence on community service. You must complete your probation successfully before filing for an expungement.
A successful probation completion means that you have:
- Served the full probation term
- Paid all court fines and victim restitution
- Followed all the conditions of our probation
If you have not completed your probation, you can see an early termination from the court. You are released from all probation obligations when the court grants you an early probation termination. You can secure an early probation termination if you have served at least eighteen months of the probation. Additionally, you must have a good performance report.
You Were Not Convicted in Federal Court
You are eligible for felony expungement if you were tried and convicted in state court. Offenses charged in federal court do not qualify for expungement.
Up to One Year has Passed Since Your Conviction
You can still expunge your conviction if the court does not sentence you to probation. However, at least one year must have passed since your conviction.
The Process of Filing for Felony Expungement
You can file your felony expungement by following these steps:
Seek Legal Representation
Unlike a misdemeanor expungement, a felony expungement is often complex. Therefore, you will need expert legal guidance to navigate it. When seeking legal representation, you want to hire an attorney with extensive experience in expungements and other post-conviction laws.
Your lawyer will help you gather the relevant documents for your petition and represent you at the hearing. Additionally, they will give you a clear understanding of the expungement laws.
Ensure that You Meet the Eligibility Criteria
Before you initiate the expungement process, you must ensure that you meet the eligibility criteria under PC 1203.4. The eligibility for felony expungement lies on the following factors:
- The type of conviction
- Completion of your sentence
- Meeting the waiting period requirements
- The presence or absence of additional criminal charges
Gather all your Documents
After ensuring you meet the eligibility, the next step is gathering all necessary information about your conviction. The information may include:
- The court case number
- The original criminal conviction record
- The sentencing documents
- Evidence to show that you have completed your sentence.
- Evidence of rehabilitation, which includes letters from community organizations or your employer
You can claim eligibility for expungement after a probation termination. However, you must present relevant evidence to support the claim. Before moving forward, you must review your documents to ensure all information is accurate and current. The court can deny your petition if you present incomplete or incorrect records.
File Your Petition
After gathering the relevant documents, you must petition the appropriate court. The petition will outline details of your conviction and reasons for seeking expungement. The petition may include the following:
- A request to expunge your felony conviction
- Documentation demonstrating eligibility
- Any letters of support from employers, community members, or family
You must pay a filing fee to submit the petition in some jurisdictions. You can apply for a waiver if you cannot pay the fees.
The timeframe to complete your felony expungement in California is about 4-5 months. The courts review expungement petitions in the order of their filing. You must file the forms at the court in the county where the conviction occurred. If you seek to expunge multiple felony convictions, you must submit a petition for each.
Attend the Expungement Hearing
After receiving your expungement petition, the court sets a hearing date when you must appear before a judge. Before the hearing, you must meet with your legal team to develop your strategy. Additionally, you must ensure that all the documents to support your petition are well prepared.
The judge will review your petition and any supporting evidence at the hearing. The assessment determines whether you are eligible for expungement. Attending an expungement hearing is not mandatory. However, showing up can prove to the court your desire to put the conviction behind you.
The prosecutor or district attorney can attend the hearing to argue against the expungement. If the prosecutor objects to your expungement, they will present reasons why the court should not grant your petition. Common reasons why the prosecutor can oppose your expungement include:
- The nature of your felony conviction
- You have an extensive criminal history.
- Insufficient evidence to prove rehabilitation
At the hearing, the court allows you to demonstrate that they have met all the requirements for expungement. Additionally, you must convince the court of your rehabilitation. You can do this by presenting recommendation letters or evidence of your contributions to society.
Judge’s Decision
After the hearing, the judge will issue a ruling for your petition. If the judge grants the expungement, you will receive a signed order from the superior court. The order documents your case dismissal. An expungement does not erase your felony conviction. Instead, it reduces the impact of the sentence.
Individuals who perform a background check on you can still find the conviction but cannot use it against you. If the judge denies the expungement, you can file an appeal. Alternatively, you can correct any errors you may have made and refuel the petition.
If the court denies your petition for ineligibility, you can explore other forms of post-conviction relief. They include:
- Obtaining a certificate of rehabilitation
- Seeking a governor's pardon
- Filing a petition to seal and destroy the records
Reducing a Felony to a Misdemeanor for Expungement
Expunging a felony conviction is not as straightforward as expunging a misdemeanor. Sometimes, you must have the felony reduced to a misdemeanor before petitioning the court for an expungement.
Reducing a felony to a misdemeanor under CPC 17(b) is crucial in expungement. It gives you a chance to minimize the impact of the conviction on your future. Additionally, it allows for a clean record and a fresh start.
Reducing your felony into a misdemeanor involves filing a petition with the court under CPC 17(b). Most legal petitions in California have set requirements. You must meet the following criteria to reduce your felony to a misdemeanor under CPC 17(b):
Wobbler Offense
There are three main categories of offenses under California law. They include felonies, misdemeanors, and wobblers. With a wobbler offense, the prosecution can file felony or misdemeanor charges against you. The circumstances of your case and your criminal history will dictate the nature of your charges. You can petition the court to reduce your felony to a misdemeanor if your crime was a wobbler.
No Severe Crimes or Recent Convictions
You can file a petition to reduce your felony to a misdemeanor if your offense is not serious. The court can disqualify your petition if you face a conviction for a serious and violent offense. You cannot reduce crimes like murder, rape, sodomy, and voluntary manslaughter to misdemeanors.
Completion of Your Sentence
You must have completed the terms of your sentence, including probation and fines, before filing a petition under CPC 17(b). You do not qualify for a felony reduction if you are in jail or serving a probation sentence.
Court Discretion
Meeting all the eligibility requirements does not guarantee a successful PC 17(b) petition. The court can grant or deny your petition based on other assessments. When you file your petition, you can send a copy to the prosecution and ask them to support your reduction request.
The Felony Reduction Process
Reducing a felony to a misdemeanor begins with checking your eligibility. If you meet all the requirements, you can petition the court. You or your attorney can submit the petition together with other supporting documentation.
The documents that must accompany your PC 17(b) petition include the proof of rehabilitation and completion of probation. Sometimes, the court may request a hearing to evaluate your felony reduction petition. During the hearing, the judge will consider several factors:
- Your criminal history and rehabilitation efforts since the conviction
- Whether the offense was violent or involved a significant victim impact
- Your conduct while serving their sentence and probation
- The public interest and safety
If the court approves your petition for a felony reduction, you can proceed with the expungement process. The expungement involves filing a separate petition under California Penal Code Section 1203.4.
Benefits of Expunging a Felony Conviction
Expunging a felony conviction is a valuable tool for rebuilding your life. Although your conviction may still appear on the background checks, it will have a lower impact on your life. Some of the benefits of expunging your felony conviction include:
Better Employment Opportunities
A felony conviction on your record can impact your employment opportunities. Many employers conduct background checks as part of the hiring process. A potential employer can use your felony conviction as a basis to deny you a job opportunity.
Expungement can legally remove the conviction from your record. An expungement allows you to answer “no” about previous convictions during job applications. Encouraging your felony conviction can increase your chances of securing a job.
Restoration of Rights
In California, a felony conviction can result in losing some of one's civil rights. These rights include voting, serving on a jury, or owning firearms. Losing these rights can profoundly impact an individual’s quality of life and personal empowerment.
When you successfully expunge your conviction, your civil rights are restored. Restoring your rights allows you to regain a sense of normalcy.
Improved Housing Prospects
Some landlords will perform background checks on you when you want to lease or rent a house. Finding suitable housing is challenging for individuals with felony convictions. The only way you can prove your rehabilitation is by seeking an expungement.
Landlords cannot discriminate against you based on an expunged conviction. Expunging a felony conviction can help present you as a law-abiding citizen and increase your chances of stable housing.
Increased Educational Opportunities
Many colleges and universities have strict admissions policies. You can lose your college or university admission due to a felony conviction. Some schools offer second-chance programs. However, others will not consider applicants with criminal records. Expunging a felony conviction can help open doors to educational opportunities.
A successful felony expungement allows you to pursue higher education and career advancement. Certain felony convictions can disqualify you from receiving financial aid. With an expunged record, you become eligible for grants, loans, and scholarships.
Reduced Stigma and Social Isolation
Felony convictions carry a heavy social stigma. You might notice a change in your interactions with others personally and professionally. People with criminal records may feel ostracized or judged, leading to isolation. Expunging a felony conviction can help reduce this stigma.
Exceptions to Felony Expungement
An expungement reduces the weight of our felony conviction on your personal and professional lives. However, not all felony convictions can qualify for expungement. You cannot expunge the following convictions under California law:
- Serious felonies. Under PC 1192.7, you cannot expunge a conviction for a serious felony. These offenses carry longer-lasting penalties and restrictions. They include murder, manslaughter, and child molestation.
- Violent felonies. Under California PC 667.5, violent felonies include rape, kidnapping, and robbery. These offenses involve physical harm or threats of harm. California law does not allow expungement for these offenses to protect the public.
- Certain sex offenses. Felony sex crimes requiring sex offender registration are often ineligible for expungement. These offenses include aggravated sexual assault, child pornography, and forcible sodomy.
- Multiple felony convictions. The court can deny your felony expungement petition if you have multiple convictions.
Find a Competent Criminal Defense Attorney Near Me
An expungement is a common post-conviction relief. It allows you to avoid the disabilities of your conviction. You expunge felony and misdemeanor convictions in California if you meet eligibility requirements. You can expunge your felony conviction if you have completed your probation and are not facing other charges. Additionally, you must not have served prison time for your felony conviction.
Although California law provides a pathway for felony expungement, not all felony convictions are eligible. Before you expunge your felony conviction, you may need to petition the court to reduce it to a misdemeanor. When filing a petition to expunge your felony conviction, you will need expert legal guidance.
At California Criminal Lawyer Group, we understand the impact that a felony conviction can have on your life. We offer expert legal insight for clients seeking to expunge felony convictions in San Jose, CA. Call us at 408-622-0204 today to discuss the details of your case.
