The Process of Filing an Expungement

Expungement is a legal process that allows individuals to have their criminal convictions dismissed. Additionally, it reduces the impact of the collateral consequences of past convictions. You can expunge a misdemeanor or felony conviction, depending on the circumstances. You must follow the correct process when filing for expungement under California Penal Code 1203.4.

It includes meeting the eligibility criteria and filing a petition with the court. A judge will assess your case and grant or deny the petition. A successful expungement allows you to move past your mistakes. Although the expungement will not erase the conviction, it can minimize its impact on your life.

Hiring and retaining a knowledgeable criminal defense attorney is critical as you navigate your expungement process. Your lawyer will help you gather relevant evidence, file a petition in court, and represent you during the expungement hearing.

The process of filing an expungement under California Penal Code 1203.4 takes the following steps:

Determine your Eligibility for the Expungement

An expungement reduces the negative consequences of a criminal conviction. However, not all individuals can obtain this post-conviction relief. The first step in expunging your criminal conviction is to determine your eligibility. The criteria you must meet include the following:

Completion of Your Sentence

Completion of your sentence is a critical eligibility requirement for expungement in California. It includes serving your formal punishment and meeting your probation requirements. You must have served any jail sentence imposed by the court before filing your expungement petition.

Additionally, you must have completed your probation. In California, probation is a period of supervision during which you must follow specific conditions. The court can impose probation as an alternative to incarceration after your conviction. Probation lasts one to five years, depending on the nature of your charges.

A successful probation completion means you have served the full probation term. Additionally, you must have followed all your probation conditions. Common probation conditions that the court can impose include:

• Reporting to a probation officer
• Attending counseling and rehabilitation programs
• Maintaining a stable employment
• Avoiding further criminal activity.

Completing your formal sentence and probation indicates you have taken the proper steps to rehabilitation. The criterion helps ensure that only those who have shown genuine progress can expunge their records. You are generally ineligible for expungement if you have not completed your probation.

However, there are circumstances under which you can seek an early termination of probation to meet the eligibility under PC 1203.4. You must follow these legal steps to request an early probation termination in California:

• Eligibility check. You are eligible for an early probation termination if you have completed a specific portion of the sentence. Courts mandate that you serve at least twelve months of informal and eighteen months of formal probation before seeking a termination. Additionally, you must have followed all the conditions of your sentence.
• Prepare and file your petition. To file a petition for early probation termination, you must complete Form CR-140. Additionally, you must present evidence of compliance with probation terms.

If the court grants you an early probation termination, you can proceed to expunge your conviction.

Eligible Offenses

Not all criminal convictions are eligible for expungement in California. The type of conviction you seek to expunge plays a critical role in determining eligibility. Certain convictions in California are ineligible for expungement. They include:

• Convictions for severe or violent crimes like murder, rape, and armed robbery
• Convictions that require mandatory sex offender registration
• Convictions for offenses committed while serving a prison sentence

For felony offenses, expungement is available if you are sentenced to jail time and probation instead of prison time. If you face a felony conviction after wobbler charges, you can seek a reduction of the felony to a misdemeanor under Penal Code 17(b).

No Pending Charges

You are eligible for an expungement if you have no pending criminal charges when filing the petition. The court will deny your petition if you face charges or serve a sentence for another offense. The requirement ensures that individuals have resolved all their legal matters before seeking post-conviction relief.

Pending charges or an open case would indicate your lack of rehabilitation. Granting an expungement under these circumstances could undermine the judicial process. After resolving all your pending legal matters and no longer being under investigation, you can proceed to file your petition.

No New Criminal Convictions

Another significant eligibility rule for expungement is that you must not have faced new convictions. You are ineligible for an expungement if you have been convicted of a new offense. The condition reflects that expungement is for individuals committed to a law-abiding life post-conviction.

Traffic violations and other minor infractions cannot disqualify you from expungement eligibility. However, more serious new crimes or a pattern of criminal activity can prevent you from expunging your record.

Obtain Your Criminal Record

If you meet the eligibility for an expungement, you should proceed to obtain a copy of your criminal record. The criminal record provides essential information about the offenses you wish to expunge. The details contained in the record will help you identify which charges or convictions are eligible for expungement. Additionally, it ensures accuracy when filing your petition.

The process for obtaining a criminal record varies depending on the jurisdiction. You can obtain your criminal record from:

• California Department of Justice (DOJ). You can visit the DOJ’s website to request information on your criminal history online or by mail.
• Local law enforcement agencies. Sometimes, the local police or sheriff’s departments can provide you with a copy of your record.

If you request the documents from the California Department of Justice, you must complete the live scan form. The form requires personal details such as your full name, date of birth, and fingerprints.

You must provide a valid government-issued photo ID to verify your identity. Identification is essential for both DOJ and local law enforcement requests. There may be fees associated with obtaining your criminal record. In California, the fee ranges from $15 to $25.

Sometimes, you may need proof of your current address, such as a utility bill or lease agreement.

Prepare Your Expungement Petition

The next step after obtaining your criminal record is to prepare the expungement petition. A petition formally requests the court to expunge or dismiss a criminal conviction. The petition should contain several essential elements to ensure its readiness for review. They include:

• Identification Information

Your name, address, birth date, and other identifying information should appear at the beginning of an expungement petition. Providing this information ensures that the court can correctly identify the person requesting the expungement.

• Details of Your Conviction

You can expunge one or multiple criminal convictions if you meet the eligibility criteria. Therefore, when preparing your petition, you must include the details of each conviction you wish to expunge. The details you must provide include the exact charge, the date of conviction, the case number, and the court where you were convicted. The information helps the court understand the convictions you want to expunge.

• Statement on Completion of Your Sentence or Probation

When preparing your petition, you must confirm that you have completed all sentence requirements. The completion of these conditions is a crucial requirement for seeking expungement. Therefore, the court will want evidence to prove your compliance.

• Request for Dismissal

Your petition must include a formal request for the court to dismiss the conviction. In the petition, you ask the court to remove the conviction from your record.

You must sign the following forms when preparing your expungement petition:

• Petition for Dismissal (Form CR-180)
• Order for Dismissal (Form CR-181)

These forms guide the legal process and ensure the proper presentation of the petition for review by the court.

Filing the Petition

You must file the expungement petition with the court that handled your criminal case. The step initiates the expungement process. In most jurisdictions, the process involves submitting a formal petition to the court. A judge will then review the case details, including your eligibility.

You must pay a filing fee when submitting your expungement petition. The payment can vary depending on the jurisdiction and the case specifics. Some courts recognize that individuals seeking expungement may not have substantial financial means. Therefore, you can seek a filing fee waiver by demonstrating financial hardship.

In this case, you must provide supporting documentation like proof of income. Additionally, you can present financial statements to show that paying the filing fee would create a significant financial burden.

Some jurisdictions have extra requirements for individuals filing an expungement petition. They include providing copies of the original case documents and notifying the district attorney before filing. You should check with the court handling your case for local laws or process variations. Additionally, you must consult an attorney with a good understanding of the expungement laws.

Attend the Expungement Hearing.

The court schedules an expungement hearing when you file a petition under Penal Code 1203.4. At the hearing, the judge begins by introducing your case. As the petitioner, your attorney will present your case before the judge. Some of the information you could present includes evidence of rehabilitation and reasons you deserve post-conviction relief.

The judge will review your case during the hearing and determine whether the expungement should be granted. The judge considers the following factors when making their decision:

• The nature of the offense
• Whether the petitioner has completed all the terms of your probation
• Whether you meet other eligibility requirements for expungement
• Your behavior since the conviction.

California law emphasizes rehabilitation as part of the expungement process. At your expungement hearing, you must prove that you have been rehabilitated since the conviction. Although a flawless record is unnecessary, you should not have made further mistakes.

Additionally, you must show steps to improve your life and positively contribute to society. You can provide the following evidence to prove rehabilitation at your expungement hearing:

• Recommendation letters from employers or community leaders.
• Proof of employment or a consistent work history.
• Evidence of completing educational programs, drug or alcohol rehabilitation
• Evidence of participation in community service or volunteer work.

The court is more likely to grant your petition if you have demonstrated exemplary behavior and tried to improve society. If you have continued to engage in criminal behavior after your conviction, the court can deny the expungement request.

Sometimes, the prosecution or the district attorney can attend the hearing to argue against the expungement. They might raise concerns about your criminal history or other relevant factors that suggest your ineligibility for expungement.

The prosecution may present evidence or call witnesses to argue that the expungement would not serve the public interest. You can improve your chances of success by contacting the district attorney and seeking their support in your petition.

Final Order and Impact

After reviewing all arguments, the judge will decide on your petition. If the judge grants the expungement, the court will allow you to:

• Withdraw your guilty or no contest plea and enter a not guilty plea.
• Have the court dismiss your charges.
• Lawfully deny the conviction when asked about prior criminal convictions.

However, an expungement does not entirely erase the conviction from all records.

If the court denies your petition, you can file another petition. Before refiling your PC 1203.4 petition, you must consider the reasons for the denial and remedy them. Common reasons why a judge can deny your petition include:

• Ineligibility based on criminal history. Some offenses are ineligible for expungement. You cannot expunge a conviction for violent felonies and certain sex crimes. The court can deny your petition if the conviction falls under these categories.
• Inaccurate or incomplete information. A judge can deny your expungement petition if it contains erroneous information or lacks essential documentation. This might include incorrect conviction details, incomplete forms, or missing supporting documents.
• Failure to meet the waiting period requirements. Many jurisdictions impose a waiting period after the completion of a sentence, before which you cannot expunge the record. The court may deny the request if you have not met the required waiting period.
• Pending legal matters. California law requires you to resolve all your legal matters before filing for an expungement. Unresolved legal issues, such as outstanding charges, can result in the denial of your petition.
• Negative Impact on Public Safety or Justice. The court can deny your petition for expungement if the action negatively impacts public safety. The denial may occur if there is evidence that you could reoffend.

Benefits of Expunging Your Conviction

When the court grants your expungement petition, you can enjoy the following benefits:

• Improved Employment Opportunities

A significant advantage of expunging a conviction is the potential for better job prospects. Many employers conduct background checks on potential employees. A criminal record can disqualify you from employment. An expunged conviction carries less weight, and you can avoid employer discrimination.

• Restoration of Civil Rights

You can lose certain civil rights after a criminal conviction in California. They include the right to serve on a jury, vote in elections, and even own a firearm. Expunging your conviction under PC 1203.4 can restore the lost rights.

• Improved Housing Opportunities:

Many landlords perform background checks before renting to potential tenants. A criminal record can make it challenging to find housing. Expunging a conviction may help you secure housing by removing the conviction from your background check.

• Reduced Social Stigma

A criminal conviction can carry a social stigma, affecting relationships and public perception. Expunging the conviction helps reduce this stigma. It allows you to reintegrate into their communities without judgment for past mistakes.

• Eligibility for Professional Licenses

A criminal conviction can significantly impact your ability to obtain and keep your professional license. Expunging the conviction could improve eligibility for these licenses.

The court dismisses your case after an expungement. However, a successful petition under PC 1203.4 will not do the following:

• Seal the record from law enforcement. After an expungement, law enforcement agencies and government entities may still have access to your criminal record.
• Erase immigration consequences. Expungement is not effective for immigration purposes. U.S. immigration authorities may still consider your conviction when deciding on an immigration petition.

Find a Competent Criminal Defense Attorney Near Me

In California, a conviction enters your criminal record and can affect multiple aspects of your life. You can explore an expungement if you seek relief from the disabilities of your criminal conviction. Expunging your conviction involves checking your eligibility, submitting your PC 1203.4 petition, and attending a hearing.

If the court grants your petition, you can withdraw and replace the guilty verdict with not guilty before a case dismissal. Following the proper procedure helps reduce delays and denial of your petition. An expungement will not completely erase your criminal record. However, it can reduce the impact of the conviction on your personal and professional lives.

The expungement process in California is lengthy and complex. Therefore, you need expert legal insight. At California Criminal Lawyer Group, we will offer the guidance and representation you need to navigate and secure a favorable outcome in your expungement petition. Contact us today at 408-622-0204 from San Jose, CA, to discuss your case.