04 Nov 21
Even without a conviction, any criminal charge or arrest in California will result in a criminal record available to the general public. Having a criminal record can have devastating consequences in life, especially when looking for a job, promotion, or college admission.
Luckily, California law provides individuals with a clean slate by clearing their records through expungement, a process where a criminal charge, arrest, or conviction is erased from your record, such that you are released from all its detrimental consequences. Not everyone is eligible for an expunction, but there are multiple benefits you can derive from the process if you are. This article defines expungement under the law and its benefits.
Legal Definition of Expungement Under California Law
Otherwise called a dismissal release, expungement is defined under PC 1203.4 as the legal process where you are released from all the detrimental consequences and penalties stemming from a sentence. AB 1008 of the ban the box law bars employers from asking applicants to divulge their criminal record information unless they are presented with a conditional job. Evaluation of the applicants should be individualized and based on merit before denying them opportunities because of a criminal record.
After the expunction, your employer can still view your conviction history but cannot use it as a basis of denying you employment even after making a constrained job offer. Also, with a cleared record, you can tell a potential employer, landlord, or licensing agency that you have never been arrested, charged, or convicted of a crime without breaking the law.
Note that even when the use of marijuana became legalized, the Department of Justice was tasked with reviewing and sealing the records of past cannabis convictions because it was no longer illegal. You don’t need to request an expunction because the marijuana conviction is cleared from the record.
Qualifying for an Expunction
California PC 1230.4 provides criteria that must be followed during an application for expungement. The requirements for expunging a felony or misdemeanor are:
- You mustn’t have been incarcerated in state prison for the criminal act.
- You shouldn’t be presently charged with a crime, serving probation time, or serving a sentence because of a violation of probation.
- You must have received an early probation termination or completion of probation.
- The offense you want to be cleared from your history must be a misdemeanor or a felony that ought to have been prosecuted as a misdemeanor.
- You must have cleared all your monetary court fines and restitution for the underlying crime.
It’s worth noting that you are not eligible for expunction if you have been convicted for a felony and served a jail or prison sentence. Furthermore, you do not qualify for expungement if the baseline offense is a sex crime towards a minor or a car violation that adds two points to your driving record.
Also, if you had served a jail sentence, you could still qualify for expunction if you committed the crime after the passage of Prop 47 in 2011. For your offense to be eligible under Realignment legislation, the following exceptions must be present. You must not be:
- carrying out a sentence,
- Serving probation, or
- charged with engaging in any kind of criminal activity
Successful completion of probation means meeting all the conditions imposed by the court for the program like victim restitution, payment of court fines, undertaking community labor, and concluding counseling programs. If you are presently charged with a crime or your attorney skipped court when you were on probation, it won’t be deemed successful completion.
However, you may still violate some terms of probation and still be eligible for expunction if you obtain a special hearing from the court to determine your candidature. On the other end, even if the court determines you are a candidate, but it turns out you have previously served a jail sentence for a sex offense involving a child, your record won’t be deleted. These sex offenses that can deny you eligibility for expunction are:
- Sodomy with a child as codified under PEN 286(c)
- Statutory rape under PEN 261.5(d)
- Lewd act with a child under PEN 288
- Oral copulation with a minor as per PEN 288 (c)
Early Termination Of Probation To Qualify For Expunction
Under California PEN 1203.3, a judge can grant your request for early termination of probation. For you to be eligible for this relief, you must have served at least twelve months in jail for informal probation and a minimum of 18 months of formal or felony probation sentence. Even when you qualify for the relief, it doesn’t come automatically. Your criminal defense attorney must request a court hearing by filing a motion with the relevant court two days before the proceeding.
Chances are high the court will consider an early termination if you have completed a mandatory counseling program or community labor, compensated the victims of your actions for the damages caused, and ended all the court-imposed classes. Before ruling on the matter, the court considers your criminal record, challenges stemming from the probation, the characteristics of your case, and the prosecutor’s opinion on the subject.
If you are lucky the court’s decision is in your favor, you will be granted the early termination of probation, and that way, you can commence the expungement process as outlined under PEN 1203.4.
Lowering A Felony Conviction To A Misdemeanor To Qualify For Expunction
Losing your gun ownership rights for years because of a felony conviction is your last wish. Luckily, you can obtain an expunction by having your prior felony conviction reduced to a misdemeanor to be eligible for expungement. Although the procedure is complex, it’s worth undertaking because you preserve some of your rights and benefits.
PEN 17(b) gives judges the authority to reduce a felony conviction to a misdemeanor if you have been charged and convicted for a wobbler and successfully served your probation sentence. By reducing the felony to a misdemeanor, you eliminate all the penalties and disabilities that come with being a convicted felon.
The factors that the judge considers before granting the reduction include:
- The characteristics of your case
- Circumstances surrounding the case
- Your criminal history
- Your compliance with probation conditions
It’s worth noting that reducing a felony to a misdemeanor has many benefits, but there are individual penalties that it doesn’t eliminate. These conditions are:
- For purposes of California’s Three Strike law, the conviction will remain a strike if you were found guilty of a violent felony.
- The reduction of the felony to a misdemeanor won’t affect the records in the federal authority because the conviction will still be deemed a felony.
- If the conditions of your felony conviction included registering as a sex offender, you would still be required to do so under PC 290 even after reducing the sentence.
- Licensing agencies and the California State Bar may still consider the conviction a felony despite the reduction.
The Cost of an Expunction
If you want a clean slate through expungement, you must be willing to part with $60 for a misdemeanor and $120 for a felony petition. Also, the court where the petition is filed determines the amount you pay for the petition. If you cannot afford the amount, don’t lose hope because several modes of payment are available for persons who can’t raise the required money. Inquire with your expungement attorney about the available options in your county and the best option based on your circumstances.
To increase the process’s chances of success, you must hire a criminal attorney who understands expungement laws. It comes with additional costs that you must be willing to pay. However, if you hire the right legal team for the job, you will save money and obtain the clean slate you want.
What Are The Benefits Of An Expungement?
There are manifold benefits associated with criminal record expunction under PEN 1203.4. These benefits are:
- Expungement Eliminates Employer Bias, Making It Easy to Find an Employment
If you have been on a job hunt, you already know that many employers run criminal background checks on prospective employees or job applicants. The assessments will reveal all your prior arrests, charges, or convictions if any. Additionally, running background checks will show if you have ever served a probation sentence. During interviews, the employer will inquire if you have ever been convicted.
When it comes to particular jobs that involve holding a public office, a criminal charge or conviction will disqualify you from employment. Very few employers don’t run background checks on potential workers, but unfortunately, the pay is poor, so you might need to work multiple jobs to pay bills.
Also, the law is unambiguous that private employers should not inquire about a misdemeanor conviction that has been expunged under PC 1203.4. It’s unlawful for an employer to do the following:
- Inquire about an arrest or charge that never resulted in a conviction
- Seek information about a criminal conviction record that has been judicially ordered, sealed, expunged, or eradicated through a statute.
- Inquire about an arrest for which a pretrial diversion program has been completed
The most valuable benefit of expunging a criminal record is that it helps you with job applications. The reason being even when filling out application forms or answering questions in an interview, you can confidently say you have never been convicted without lying. Also, you are not required to disclose your criminal record, meaning you can apply for the well-paying jobs you want and be offered the same opportunity as the individuals without a prior history.
- Improved Education Opportunities
If you wish to jumpstart your career, a criminal record can become a huge barrier because many graduate schools are less likely to consider you if you have one. These programs are highly competitive, and having a criminal record could be the reason for missing out on admission. However, if you obtain an expunction, the record will be sealed, meaning you will have an equal chance to get college admission just like the other applicants.
- Allows Rehabilitated Offenders to Integrate Back to Society
A criminal conviction carries with it a lot of stigmas even if you are rehabilitated. When people find out about your past, they will always judge you for being charged and convicted of a particular crime. However, by deleting the record, you no longer have to worry about people finding out you have a criminal record, making it easy to integrate with society. You don’t have to isolate yourself because you are afraid people will find out about your conviction. It will enable you to rest easy knowing you are rehabilitated, and it matches what people who run criminal background checks find.
- Increased Housing Options
When leasing or renting an apartment, many landlords will require you to fill out an application form that requires you to disclose if you have a criminal record. Others will run criminal background checks, and if they find out you don’t have a clean record, they might not enter into a rental or lease agreement with you, regardless of when the crime happened.
However, your record will look clean after an expunction, and landlords will never know they are renting their property to a person with a criminal past. An expunction will open more housing options which means a comfortable life for you and the family.
- Helps You Obtain State Licenses
Having your criminal record expunged makes it easy to access state professional licenses. Even after an expunction, you must disclose your criminal record to the relevant state licensing agency. However, the agency will overlook the prior criminal history if it was successfully erased or cleared from the documents through an expunction.
A criminal record looks better if it has been erased because it means the DA and the judge that decided to withdraw the initial plea and dismiss the case did the thorough vetting. Therefore, the licensing board reviewing your application for a professional license to operate as a medical practitioner, lawyer, or any other profession will consider you an ethical person and one likely to uphold the principles of the domain hence likely to issue the license. Completion of your probation sentence and expunction process will make your candidature for the license even more favorable.
Although an expunction will help you obtain a state license, its limitations make it necessary to have a certificate of rehabilitation. The certificate indicates that even with your past criminal record, you have undergone rehabilitation. With the document, you can enjoy many benefits like the automatic application of the Governor’s pardon. Also, nobody will deny you a state professional because of your criminal history.
- You can Easily Become a Member of a Professional Organization
Like employers, many professional associations run criminal background checks on individuals willing to join or hold positions. With an expunged criminal record, the impact of your prior conviction will significantly reduce, enhancing your chances of obtaining the desired position or membership in the said professional association.
An expunged conviction won’t appear on the public database when someone runs a background check. Instead, it’s a dismissal that appears because once the record is cleared, an updated database will show no conviction.
- Enhanced Credibility as a Court Witness
Another merit of having your criminal record expunged is that the opposing side cannot use the conviction to impeach your credibility as a court witness unless you face new charges.
Usually, when you are a witness and you have a prior felony conviction, the opposing legal team will bring up your previous record to question your credibility as a witness. As a result, if you were suing someone in a civil suit, your testimony might be doubted by the judge or jury, and this might result in an unfavorable outcome. However, if you have an expunged record, the law prevents them from bringing up the issue in court, which means your testimony will be credible and might result in a favorable verdict.
- Brings a Sense of Redemption and Closure
An expungement comes with a form of personal relief and satisfaction. Although it doesn’t change the fact that you committed a crime and were found guilty for it, it helps bring a sense of redemption and closure to a frustrating and challenging phase of your life. You enjoy more peace of mind knowing the crime you committed has been dismissed and that the rest of your life will be crime-free.
- Fostering and Adoption to Start or Expand Your Family Becomes Easier
Expunging a criminal record provides you with the opportunity to start or expand your family through fostering or adoption. If you are a foster parent candidate, the Department of Human Services runs criminal background checks to know if you have a history of crime. Having a criminal record might become a barrier, which is why you need to hire an attorney to expunge your record. That way, the conviction will no longer be a barrier to the adoption or fostering process, thus allowing you to grow your family.
Find a Van Nuys Criminal Defense Lawyer Near Me
Expungement of your criminal record provides you with a sense of redemption and allows you to move forward without being haunted by the past. Therefore, if you are in Van Nuys, CA, and considering having your criminal record expunged or want to learn more about the process, don’t hesitate to reach out to our legal team at Leah Legal. We have helped many people in the past enjoy the benefits of an expunction highlighted above and are ready to do the same for you. Call 818-484-1100 today for a zero-obligation consultation and to analyze your case.
