23 May 25
Expungement is a legal tool you can use after a conviction to erase the conviction record from your criminal record. Since these records are usually publicly available, erasing a sentence makes it unavailable for anyone running a background check on you. People who treat others according to their criminal past will not have anything to hold against you after expungement. It is an opportunity to start all over again after engaging in crime and serving your whole sentence. However, this tool has eligibility criteria. Not everyone with a criminal record can successfully expunge it.
In California, you can only expunge misdemeanors and some felonies. Other felonies that cannot be expunged will remain on your criminal record for years, affecting various aspects of your life, including your social and professional activities. A skilled attorney can help you determine your eligibility for expungement after a felony conviction. If you are eligible, they will start the process and fight with you until you are free of the disabilities and adverse effects of a criminal record.
The Consequences of a Felony Record
Under the California Penal Code, crimes are categorized into infractions, misdemeanors, and felonies. Felonies are the most severe and most punished compared to infractions and misdemeanors. Although a felony conviction can result in a lengthy prison sentence, payment of a hefty fine, and other life-changing consequences, it leaves you with a damaging criminal record. Your record remains tainted even after you have served your whole sentence and transformed your life. Unfortunately, criminal records are publicly accessible. Your relatives, friends, employer, business partners, and even strangers can find out about the conviction after running a background check on you. This can impact how others perceive you.
Here are some of the ways a felony record can affect your life:
- It can impact your ability to find a job, as most employers conduct background checks on potential employees before making a hiring decision. A felony record can easily disqualify you from some professions, like the health and legal professions. If you can find a job, it could be challenging to advance in your career.
- A felony record will affect your ability to find housing and all related services. Landlords also run background checks before renting or leasing their properties. A mortgage company will also hesitate to approve your loan request because of your severe criminal record.
Eligibility for public housing is also affected by a felony record, since housing authorities generally deny tenancy based on an applicant’s criminal history.
- A felony record can affect some of your civil rights, like the right to serve as a jury, the right to vote, and the right to possess or own a firearm. Although you can successfully restore some of these rights after a particular period, the process is lengthy and tedious.
- A felony record, specifically for a violent crime, will likely affect your child custody rights. You could be denied custody and only be allowed a limited time to see your children.
- It can also affect your immigration status if you are a non-citizen. This can result in deportation or being deemed inadmissible to the United States.
- A felony record can also affect your eligibility for financial aid or student loans and could also make it difficult to gain admission to an institution of higher learning.
- It can result in a suspension or revocation of your professional license, affecting your career path and leaving you without a livelihood.
These are some of the reasons why you should consider your eligibility for expungement when planning for your case’s defense. It can help you determine the best defense strategies to use to obtain a favorable outcome in your case, one that will not result in a damaging criminal record that will continue to affect your life years after serving your sentence.
The Benefits of Expungement
Expungement entails the removal of a criminal conviction from your criminal record, effectively erasing it as if the conviction had never occurred. You can apply for expungement immediately after completing your sentence for the underlying offense. This way, you can start life on a clean slate before so much time is lost. Once the record is expunged, landlords, employers, insurance companies, and other people who run background checks on potential employees or clients will not find anything to hold against you. The expungement process eliminates all the adverse effects and disabilities of a conviction. Here are its benefits in detail:
- You can easily find work and start life afresh after serving your sentence and paying all court fines.
- You can enroll in an institution of higher learning with minimal restrictions.
- You will no longer deal with the stigma of having a criminal record
- You can easily find a house to rent or lease, and access financing with minimal restrictions
- You can start or expand your family through adoption
- Your insurance will not be affected
Criminal Records You Can Expunge
Although expungement aims to help a person start life on a clean slate after engaging in crime, it is not available for everyone with a criminal record. Only specific criminal records are eligible for expungement in California. They include the following:
- Juvenile criminal records
- Criminal charges that the court dismissed or dropped
- All arrest records
- All infractions
- Simple misdemeanor crimes
- Non-violent related crimes
To proceed with the lengthy court process, you must first determine your eligibility for expungement. A skilled attorney can help you with that. Once you file for expungement, the court will consider your petition before holding a hearing. The judge will consider several factors to grant your petition, including your performance on probation (if your sentence included it) and the nature of the crime.
If you have a felony conviction in your criminal record, it can be difficult, but not impossible, to expunge it. Remember that felonies are the gravest crimes under California penal law. Some felonies are more severe than others and are even more difficult to expunge. Your eligibility to expunge a felony will depend on the nature of the felony and the sentence you received after conviction. Felonies that result in prison sentences are the most difficult to expunge.
Felonies You Cannot Expunge
If you are convicted of a severe or violent felony, you will likely be ineligible for expungement. Examples of felonies you cannot expunge include the following:
Rape, PC 261
Rape is considered a violent felony, committed when you use threats, force, or fraud to engage in sexual acts with another person against the person’s will. It is punishable by up to eight years in prison and carries a requirement to register as a sex offender under the sex offender registry. Suppose a prosecutor proves beyond a reasonable doubt that you committed rape, and you receive a prison sentence during sentencing. In that case, you will be ineligible for expungement after completing your prison sentence.
Murder, PC 187
This, too, is a violent felony committed when you unlawfully cause the death of another person. First-degree murder is the premeditated killing of another person without a justifiable cause. It carries a prison sentence of 25 years to life in prison upon conviction. Second-degree murder occurs without premeditation, but it results in the unjustifiable death of another person. It is punishable by fifteen years to life in prison. If a prosecutor proves beyond a reasonable doubt that you committed murder, you will not be able to expunge the conviction from your criminal record.
Assault Using a Deadly Weapon, and Resulting in Severe Injury, PC 245(a)(4)
As defined under Penal Code (PC) 240, assault is generally a misdemeanor offense. Assault with a deadly weapon is a wobbler, meaning that prosecutors charge it as a felony or misdemeanor. However, an assault with a dangerous weapon that results in a severe injury is a violent felony, punishable by up to four years in jail. If the prosecutor has compelling evidence against you, and they obtain a conviction, you will not be able to expunge that conviction record.
Arson, PC 451
Arson is a violent felony committed when you willfully and maliciously set fire to a structure, property, or forest land. Charges apply even if only a small part of the structure or property gets burned. You can also face arson charges for counseling, aiding, or procuring an act of arson. The offense is punishable by up to nine years in jail, and a conviction cannot be expunged from the record.
Terrorism, PC 422
Acts of terrorism are taken very seriously in California. Charges can range from misdemeanors to felonies, depending on the circumstances of a case. Prosecutors mainly consider the defendant’s intent, the nature of the threat or act of terrorism, and the resulting harm when filing charges. If you engage in terrorism using weapons of mass destruction, and people are injured in the process, the prosecutor will file felony charges against you. The punishment for this offense can range from 25 years to life in prison. This is a violent felony that does not qualify for expungement.
Capital Crimes
Capital crimes are offenses under California penal law that carry the possibility of the death penalty. They include the following:
- First-degree murder under exceptional circumstances, including murder for financial gain, the murder of multiple people, having a prior murder conviction, murder after torture, murder using an explosive or poison, or a gang-related murder
- Treason, or the act of betraying one’s state
- Sabotage that results in the death of one or more people
- Perjury that causes innocent people to face execution
- Trainwrecking or causing a train wreck that kills one or more people
- Committing a deadly assault while serving a life sentence
What To Do To Avoid a Conviction Record that is Ineligible for Expungement
A felony conviction is life-changing, especially for a felony you cannot expunge from your criminal record. Its conviction record remains in your background for years, affecting all aspects of your life. If you face charges for a felony that cannot be expunged, you should speak to a skilled attorney about your options. Your best strategy will be to avoid the conviction in the first place. Therefore, you need this information at the beginning of your legal process. It will help you make informed decisions that lead to a favorable outcome. Here are some of the strategies you can apply, with the help of your attorney, to avoid a conviction for a violent felony or a felony you cannot expunge:
Hire the Right Legal Representation
An arrest for a violent felony will likely result in confusion, stress, and anxiety. It can be tough to make rational decisions in that state. Seeking legal help should be your first move to ensure you understand the nature and gravity of your charges, your options, and possible outcomes.
The proper legal representation will be from a skilled and experienced attorney. Carefully choose an attorney who understands the penal law and has experience handling your charges. You can ask for referrals from family or friends, or conduct a quick online search.
The right attorney must be available to work on your case and your defense for the period you need their help. A present attorney will provide the guidance and support you need during the most challenging situation. They will also be available to seek legal avenues and strategies that will result in a more favorable outcome in your case.
Your attorney should also understand your exact needs and work towards fulfilling them. They should tailor your defense according to your specific needs, which include avoiding a conviction that will be difficult or impossible to expunge.
Explore Your Legal Options
It is essential to act promptly after your arrest to ensure you have sufficient time to explore all your options. This will increase your chances of a favorable outcome. Discuss these options with our attorney and take the time to consider each one and its likely outcome.
For example, your attorney can consider filing a pretrial motion if it seems favorable in your case. They can file a motion to dismiss evidence that was illegally obtained by the police or a motion to dismiss your case due to procedural errors, constitutional violations, or insufficient evidence. A motion to exclude evidence can work if the compelling evidence in your case was illegally obtained or is relevant to the matter.
Entering a Plea Deal
Your attorney can negotiate a plea deal with the prosecutor that can result in reduced charges or a lighter sentence. The prosecutor will likely accept the agreement if they lack sufficient evidence to obtain a conviction, or you have cooperated with them or the police throughout the case investigation. Once you enter a plea deal, you will plead guilty to a lesser offense, a conviction for which you can expunge after serving your sentence. If this works, you will wait until you have completed probation or the punishment given during sentencing to file a petition to expunge the conviction record. Your attorney can help you with this process.
Using Defense Strategies During the Trial
This, too, can help in avoiding a conviction that will be impossible or difficult to expunge. Since criminal trials are conducted fairly, you are allowed to use various defense strategies to fight your charges or weaken the prosecutor’s case against you. The kinds of strategies your attorney will use will depend on your charges and available evidence.
For example, if you face charges for a violent felony, you can argue, and support your argument with evidence, that your actions were accidental and not willful. For example, if you cause an accident that results in the death of another person and can prove that your actions were accidental, you cannot be found guilty of murder. The judge can dismiss or reduce your charges based on the evidence available.
If you face false accusations, your skilled attorney can use your alibi or interview witnesses to demonstrate your innocence to the court. If this works, the judge will dismiss your charges.
You can also demonstrate that you acted under duress. This can work if someone else forced you to commit a grave felony, like rape or assault with a deadly weapon. A skilled attorney will gather, prepare, and present compelling evidence to ensure you do not pay heavily for a crime you did not willingly commit.
Some defense strategies can compel the judge to dismiss your charges, while others can result in reduced charges. This is precisely what you need to avoid a conviction that will be impossible to expunge.
Find a Competent Criminal Attorney Near Me
Felonies are the most severely punished crimes in the state of California. In addition to the criminal penalties you receive during sentencing, they leave you with a severe criminal background that can affect your ability to find work or housing, make new friends, or find credit or insurance at reasonable rates. This record can stay for years, making your life more difficult with every passing year. Expungement offers you relief from the damaging effects and disabilities of a severe criminal record. However, it is unavailable for some felonies.
At Leah Legal, we understand how difficult it is to learn that the felony for which you face charges cannot be expunged. However, we can work with you to find a more reasonable outcome after your arrest in Van Nuys. We can utilize our best defense strategies and legal techniques to help you avoid a conviction that cannot be expunged. Call us at 818-484-1100 to learn more about this and our services.
