A prior criminal record can create long-lasting roadblocks, affecting your ability to secure jobs, accommodation, and professional licenses even after you have served your sentence. This constant fight might seem like one that is impossible to overcome.
Fortunately, the California legislation provides an adequate remedy in the form of expungement under Penal Code Section 1203.4. This is a legal procedure that helps dismiss your conviction, and your record is cleared, allowing you to start anew without facing the punishment associated with the sentence. Although the court process and eligibility may prove complicated, you do not need to work through it by yourself.
The seasoned attorneys of CCLG: Los Angeles Criminal Attorney are available to expunge your sentence. Contact us now and discover how we can help you reclaim your future and leave the past behind.
What is California Expungement (PC 1203.4)?
California expungement is a type of post-conviction relief stipulated in Penal Code Section 1203.4. It is a process ordered by the court, which:
- Removes your initial guilty or no contest plea
- Removes a guilty verdict following a trial
- Makes the court drop the case against you
This is basically a court action that will enable you to be relieved of many of the adverse effects that result from a criminal conviction. It may be implied that the record is literally destroyed by expungement, but this is a common misconception. Instead, your criminal history is revised and indicates that the conviction has been thrown out, which will be a significant relief in your social and professional life.
The core of this is the withdrawal of your plea. After the court allows your expungement petition, you are technically allowed to withdraw your prior guilty or nolo contendere (no contest) plea and place a new plea of not guilty.
The court then vacates the previous verdict and rejects the accusatory pleading, which is the form of charging you with the crime. This dismissal is a key advantage of expungement, as it alters the legal status of your previous offense.
The Legal Impact of a Dismissal
The significant legal impact of an expungement is that you are relieved of all but a few penalties and disabilities of the conviction. In most useful applications, you are no longer regarded as having committed the crime. It implies that when a prospective employer requests to know whether you have been convicted of a crime, you can legally answer no. This particular advantage can be significant to those in need of a job, as a criminal record is usually a substantial hindrance to even being considered for a job.
The conviction will no longer be a hindrance in your path as you seek to either further your career or just make it financially stable. Moreover, dismissal will help ensure that your previous conviction does not work against your credibility as a witness in certain court proceedings, including civil cases.
The Difference between Expungement and Sealing Records
It is essential to understand that expungement differs from the legal procedure of record sealing. Although both are types of post-conviction relief, they differ in application and are invoked in distinct contexts.
The sealing of an arrest record, such as in the case of being arrested but never charged with a crime, or being charged and dismissed without conviction, is usually done in:
- Cases where there were no subsequent criminal charges
- Cases where criminal charges were brought against you but dismissed without conviction.
Sealing renders the record inaccessible to the public.
On the same note, the procedure of sealing juvenile records is an entirely different issue, which is handled by other laws. Juvenile court procedures are not aimed at punishing individuals but at their rehabilitation, and this philosophy is reflected in the sealing of their records.
The expungement, however, directly addresses a criminal conviction that has already been recorded. It does not destroy the record, but the sentence remains available to law enforcement and some government agencies. It, however, places an essential notation on your record stating that the case has been dismissed, and it is what gives you the much-needed boost to proceed with your life.
The Pros of Clearing Your Record
An expungement reclaims your future and breaks the chains of the criminal record. Its advantages are felt in all vital spheres of life, including work aspirations and personal health, which presents a concrete way of forgetting a past error.
Enhance Your Job Hunting Chances
Expungement can positively impact your prospects for securing a meaningful employment opportunity. Nowadays, almost every employer conducts background checks before hiring an employee. A conviction on your record can result in automatic disqualification, even before you have an opportunity to clarify the facts and show that you have reformed. An expungement directly solves this issue.
After your conviction has been dismissed under PC 1203.4, you can honestly and legally respond to the question, ‘Have you ever been convicted of a crime?’ With the answer ‘no’ to the majority of job applications from private employers.
The expunged conviction also, as a rule, cannot be used by private employers to hire, fire, or promote you. This legal protection ensures that you are not judged based on a past matter but rather on your present talents and abilities. It levels the playing field, allowing you to compete effectively for jobs that sustain you and your family.
Unlocking Professional and Educational Opportunities
A criminal record may be a significant obstacle to obtaining professional licenses or certifications required in many professions, including those in the medical, real estate, and education fields. An expungement does not ensure that you will be issued a license, but it would significantly enhance your chances.
State licensing boards will have a more positive attitude toward an applicant whose conviction has been officially overturned by the court of law. The sentence, although you are still obligated to report it to the majority of state licensing authorities, is nonetheless powerful in showing your rehabilitation and desire to lead a law-abiding life. Similarly, a significant number of colleges and universities request information about a candidate’s criminal history on their applications.
A dismissal allows you to make a far more convincing application, and it would be harder to be rejected based on your record. The same can be said about qualifying to have student loans and other financial aid, and you can secure the funds that you need to achieve your educational ambitions and create a better future.
Securing Housing and Personal Freedom
The problems associated with a criminal record also tend to impact the issue of finding a safe and stable place to live. Indeed, landlords and property management companies often conduct background checks on potential tenants, and a conviction will lead to an automatic rejection of your rental application. Expungement helps to eliminate this huge obstacle. Having a clean background, you do not have to worry about not getting apartments and houses, as your background will not be used against you.
This gives you the security of the house you live in and the freedom to decide where you wish to live and create your own life. An expungement creates personal satisfaction and peace of mind. Having a criminal record is like having a heavy burden that one is always anxious and ashamed about. A cleansing of your record is a great declaration that your past does not necessarily determine your future. It gives you a sense of closure and provides the strength to move on without the stigma of being convicted.
Eligibility for an Expungement in California
The most crucial step in the expungement process is determining your eligibility. California law establishes specific qualifications that you have to satisfy to be granted this type of post-conviction relief. These include:
Successful Completion of Probation
The successful completion of probation is the most common way to achieve eligibility for expungement. Assume that you were given formal or informal (summary) probation in a misdemeanor or in a felony conviction and that you have satisfied all the terms and conditions of your sentence. Here, you are usually entitled to the dismissal of your conviction.
The completion of probation implies that you have:
- Paid all your fines and restitution
- Fulfilled all the classes or community services required by the court
- Fulfilled all the necessary meetings with your probation officer
- Not committed any new offenses during your probation term
When your probation period is over, and you have fulfilled all these requirements, you may apply to the court to have an expungement. In this case, where you have strictly adhered to the probation, the court has very little room to act and is bound by law to award dismissal.
What If You Violated Probation?
Violation of probation is not a necessary disqualifier for an expungement, but it does alter the decision made. In case you breach a probation condition, you lose your right to automatic dismissal. Nevertheless, the court remains at its discretion to grant the expungement in the interests of justice.
The judge will consider several factors in determining whether you should have this relief notwithstanding the breach. In deciding on this, the judge will look at:
- How severe the original offense was
- The nature and the severity of the probation violation
- Your overall performance on probation
- Your criminal history
The court will also seek out rehabilitation, such as:
- Your work history
- Community participation
- Positive actions that you have taken to change your life since the conviction
In such discretionary circumstances, it is essential to present a compelling argument to highlight personal growth and stability.
No Probation (Infractions and Misdemeanor) Convictions
The court may deny probation as part of the sentence in certain instances, particularly in cases involving infractions or specific misdemeanors. These convictions are still subject to expungement.
According to California Penal Code 1203.4a, when you were convicted of a misdemeanor or an infraction and were not put on probation, one year after your conviction date, you may petition the court to dismiss you. This is assuming that you have led a law-abiding life since. This will ensure that individuals who have settled their debt to society without probation are also provided with a means of clearing their records.
Expungement for State Prison Sentences
In the past, a sentence to California state prison rendered you ineligible for a standard expungement under PC 1203.4. However, recent legislative reforms, most notably Senate Bill 731 (SB 731), have significantly expanded eligibility. This is one of the laws that comprise the Clean Slate effort by the state of California, which has now granted many people who served in the state prison with felony charges an opportunity to seek relief upon completion of a wait period.
To qualify under these new conditions, you should have served at least two years since the end of your prison term, and you should have led a crime-free life. Also, not all felonies are eligible for this relief. Some violent or serious offenses and convictions that need sex offender registration are still not provided.
For individuals who are not eligible for this type of relief, an alternative option is available, known as the Certificate of Rehabilitation. This is a legal process that confirms an individual has been rehabilitated.
Convictions That Cannot Be Expunged
Not all criminal convictions are eligible for expungement. The legislature has specifically excluded certain offenses from dismissal, typically due to their severity and the perceived risk to public safety. If your conviction falls into one of these ineligible categories, you may need to consider alternative forms of post-conviction relief.
Serious Sex Offenses
The most significant category of crimes ineligible for expungement involves serious sex offenses, particularly those committed against children. California law explicitly prohibits the dismissal of convictions for crimes that require registration as a sex offender under Penal Code section 290.
This includes offenses such as:
- Rape
- Sodomy with a minor
- Lewd acts with a minor
- Possession or distribution of child pornography
The public policy behind this exclusion is to ensure that law enforcement and the public continue to have access to information about individuals who have been convicted of these serious crimes. If your conviction requires you to register as a sex offender, you cannot obtain an expungement under PC 1203.4.
Other Ineligible Vehicle Code Violations
In addition to serious sex offenses, certain violations of the California Vehicle Code are also ineligible for expungement. These exclusions typically apply to offenses that are considered particularly dangerous or those involving specific public safety concerns.
For example, some felony DUI (Driving Under the Influence) convictions may not be eligible for this type of relief. The particular statutes can be complex, and eligibility often depends on the exact Vehicle Code section under which you were convicted.
It is essential to have your case reviewed by a qualified attorney to determine if your specific Vehicle Code violation is one of the few that are statutorily barred from expungement. These limitations are in place to maintain the integrity of driving records for the most serious offenses.
The California Expungement Process
Obtaining an expungement can seem intimidating, but the process follows a structured and predictable path. It involves preparing specific legal documents, formally notifying the prosecution, and, in some cases, attending a court hearing.
Filing the Petition for Dismissal
The expungement process officially begins when you or your attorney files a formal request, known as a Petition for Dismissal, with the court in the county where you were convicted. This petition is a legal document, typically using official court forms like the CR-180, that outlines the details of your conviction, confirms that you have completed your sentence and probation, and formally requests that the judge dismiss the case.
Accuracy is paramount in this step. You will need to provide the correct case number, conviction date, and the specific penal code section for the offense you wish to expunge. In some cases, such as for felony convictions that are “wobblers” (offenses that could have been charged as either a felony or a misdemeanor), your attorney may also file a petition to have the felony reduced to a misdemeanor before seeking the expungement. This can be a critical strategic move.
Serving the Prosecuting Agency
After the Petition for Dismissal is filed with the court, a copy must be formally delivered, or “served,” to the prosecuting agency that initially handled your case. This is typically the District Attorney’s office or, in some cases, a City Attorney’s office.
This step provides the prosecution with notice of your request and allows them to object if they believe you are not eligible or deserving of the relief. The prosecution may oppose the petition, especially in discretionary cases where you had a probation violation.
If they do object, they will file a response with the court outlining their reasons. Having skilled legal representation is particularly important at this stage, as your attorney can anticipate potential objections and prepare a strong counterargument to present to the judge.
The Court Hearing and Decision
The final step in the process is the court hearing. In many straightforward misdemeanor expungement cases where probation is completed and the prosecution does not object, a hearing may not be necessary, and the judge can grant the dismissal based solely on the filed paperwork.
However, for felony cases or any case where the prosecution has objected, a court hearing will be scheduled. At the hearing, both your attorney and the prosecutor will have the opportunity to present their arguments to the judge. Your attorney will advocate on your behalf, highlighting your rehabilitation and explaining why granting the expungement is in the interest of justice.
After considering all the evidence and arguments, the judge will make a final decision. If the petition is granted, the judge will sign an order dismissing the case. This signed order is the official document that finalizes your expungement and allows you to begin rebuilding your life.
Life After Expungement
Receiving a court order granting your expungement is a momentous achievement. However, it has benefits as well as specific limitations. An expungement provides a fresh start in many areas, but it does not entirely erase the conviction from existence. Knowing when to disclose the conviction and understanding its implications in particular contexts will ensure you can navigate your future correctly and avoid potential legal issues.
When Disclosure is Still Required
While an expungement allows you to lawfully state that you have not been convicted of a crime in most situations, there are three key exceptions where you must still disclose the conviction.
- You are required to disclose an expunged conviction when applying for any state-issued professional license, such as for nursing, real estate, or a contractor’s license. Although licensing boards will view an expunged conviction more favorably, failure to disclose it can be considered an act of dishonesty and may lead to the denial of your application.
- You must disclose the conviction if you are applying for a job as a peace officer or in law enforcement. These positions have stringent background check requirements, and complete transparency is mandatory.
- You must disclose the conviction if you are contracting with the California State Lottery Commission.
Outside these three circumstances, your obligation to disclose the sentence is generally eliminated, for example, in private employment and other personal matters.
Impact on Immigration Status
Expungement in California does not erase a conviction for federal immigration purposes. Immigration law is federal, and federal authorities will still consider the sentence when making decisions about your immigration status, including applications for residency (a green card), citizenship, or deportation proceedings.
Because a state-level dismissal does not change how federal immigration law views your conviction, it will not prevent adverse immigration consequences that may result from the offense. If you are not a U.S. citizen and have a criminal conviction, it is advisable to consult with your attorney.
Contact a Los Angeles Criminal Attorney Near Me
An expungement is a legal procedure that provides an opportunity to reclaim your future and ensure that a past mistake no longer defines your potential and future. The path to clearing your record under California Penal Code 1203.4 allows you to move forward with confidence, free from the significant barriers that a criminal conviction places on your employment, housing, and personal aspirations. By successfully clearing your conviction, you can unlock new opportunities and finally move forward with your life.
The expungement process can be complex and requires careful navigation of legal standards and court procedures. Therefore, you do not have to face it alone. To determine if you are eligible for an expungement and to receive expert legal guidance throughout every step of the process, contact CCLG: Los Angeles Criminal Attorney today at 323-922-3418 for a confidential consultation. Our dedicated team is ready to help you build the strongest possible case and have your sentence expunged.
