When someone has served their incarceration period, probation, or suspended sentence and is set free, they return to society, apparently having paid for their mistakes, and reintegrate into the world. But it is also apparent that someone’s criminal record (sentencing, conviction, and arrest records) can still affect their life long after they have been released.

For some crimes, like sex offenses, a person's past will be exposed as society tries to reassure itself that the person will not re-offend. But for virtually all violations, the criminal record can limit the released person's potential future, from acceptance by prospective landlords to access to education. And most jobs require a criminal background check, so even a conviction from decades ago can damage someone’s chances of success in securing a job.

Considering the drastic impact of a criminal record on someone's future, California law allows for a record expungement to allow past crimes to remain in the past and not ruin the future. If you wish to have your criminal record expunged, contacting a skilled post-conviction matters attorney is the best place to start.

At California Criminal Lawyer Group, we boast lawyers knowledgeable in post-conviction matters, expungement included. We have successfully helped clients convicted in Bakersfield with their expungement cases, ensuring they obtain the best possible outcome, thanks to our understanding of the procedures and restrictions involved. Call us, and we will work to ensure a conviction will not affect your future.

Defining Expungement Under California Law

Expungement is a type of post-conviction relief approved under PC 1203.4. It is the legal process of striking out, deleting, obliterating, or destroying information or records in computers, files, and other details associated with criminal charges.

Before expungement, a criminal record remains accessible to police agencies and, in most circumstances, the general public. After expungement, no one can access those records for general civil or law enforcement use. But, under particular exceptional circumstances, the expunged record can be searched, retrieved, and used. However, this happens only under exceptional circumstances that require statutory authorization and a valid court order.

Expungement applies to a broad range of records. Criminal-related records in any correctional facility, court, criminal justice agency, or law enforcement agency are affected. Records concerning someone's trial, detention, arrest, or disposition of a crime within the justice system are all expungable.

The impact of erasing an arrest or conviction record is that the record disappears and is lawfully considered not to have existed. Additionally, an expungement releases a person from all disabilities and the consequences of a conviction. An expungement is also advantageous for maintaining or securing state licenses and joining most professional organizations. And most importantly, it offers a clean slate after a criminal past.

The Criminal Record Expungement Process

The criminal record expungement process under Penal Code Section 1203.4 follows these steps:

Hire a Lawyer

The criminal record expungement process can be confusing and paperwork- and time-intensive. Usually, there are several chances for mistakes that may lead to the denial of a petition. However, skilled criminal defense lawyers know various ways of streamlining the procedure and will do everything right.

Fill out the Necessary Forms

An experienced lawyer knows what forms are used for every situation. Otherwise, you can obtain the application forms for expungement from the relevant courthouse or search the internet for them. For example, if the judge imposed an informal probation sentence against you, you would file a petition for dismissal of a misdemeanor per 1203.4 PC. You will file a motion for early probation termination if you have not completed your probation sentence. And if the court denies this motion, you will file a petition to dismiss.

Note that felony crimes are inexpungible until they are lowered to misdemeanors. Usually, courts grant petitions to reduce wobbler felonies to misdemeanor violations. But a non-wobbler felony can only be lowered to a misdemeanor violation by completing a form per 17(b)(3) PC. So, if you were convicted of a straight felony, only after completing this form can you file a petition to dismiss a misdemeanor, according to 1203.4 PC.

Also, it is worth noting that you have to complete forms and file a petition separately for every conviction you want expunged. You could also accompany your expungement petition with character references.

Filing for Expungement

After filling out the right forms, you must file them with the court that presided over your case, which will often give its answer in five months. Fees and policies vary from one court to another. Sometimes, the expungement petition paperwork must be mailed to the court or delivered personally.

Timely filing of the paperwork is essential, as you must give the district attorney at least fifteen days' notice before the hearing to allow them to review your petition and oppose it if they so desire. You might receive financial help to pay the filing fee if you cannot afford it.

Preparing for the Court Hearing

Whether or not you must show up at the expungement hearing is based on the facts of your case. Your lawyer will update you and assist in preparing for the court hearing if need be. Eventually, the judge will decide whether to deny or grant your expungement request. Usually, no jury is present in these hearings. Your request for expungement will likely be granted if you can hold down a job, have done all the required community labor, and have no other convictions.

Repetitioning If The Court Denies Your Petition or Sealing the Record If the Court Grants Your Petition

If the court denies your expungement request, you can refile the petition with the required changes after six months. And if it agrees to your request, your lawyer should seal the record so the public cannot access it. When this is done, you could, in most cases, answer "no" to whether you have ever been convicted. Some exceptions to answering no include if you seek to obtain a state-issued license, seek employment by the California State Lottery Commission, or are running for public office.

Eligibility for Expungement

Generally, Penal Code Section 1203.4 approves expungement for misdemeanor or felony offenses provided the petitioner successfully served probation (misdemeanor or felony probation) and is not presently on probation, facing criminal charges, or serving time for a crime.

If you wish to have a record expunged, you must have successfully served your probation sentence in its entirety, or the court must have granted your early probation termination request. Successfully serving probation means that you:

  • Complied with all the probation terms imposed against you, such as paying restitution and all fines, completing community service, or completing counseling programs.
  • Made all court appearances as required (either in person or through your lawyer).
  • Did not perpetrate any new offense while serving your probation sentence.

If you served a prison sentence, be it the original sentence for a crime or due to violating probation, you are not generally eligible for an expungement. However, one exception is if you could have faced a jail term if you had committed the offense after the enactment of the realignment law. This exception is described under PC 1203.42.

Expungement under 1203.42 PC is not guaranteed, but a court can grant it based on its discretion. A judge can grant an expungement under PC 1203.42 if they trust that doing so serves the interests of justice. For you to be eligible under 1203.42 PC, the violation must have been one presently punishable with a jail term and:

  • At least 24 months have elapsed since you finished doing your time, and
  • You are not serving time for any crime, under supervised incarceration release for an offense, charged with any crime, or on probation.

Expungement Process Under 1203.42 PC

The process to expunge a criminal record under 1203.42 PC begins by petitioning the court. You may file the petition personally or through your probation officer or lawyer. The court will then either allow you to retract your no-contest or guilty plea and enter a not-guilty plea, or if you were sentenced after a not-guilty plea, vacate the guilty verdict. Either way, the judge will dismiss your charges. Afterward, the court will release you from all disabilities and penalties resulting from your charges to the same degree as the usual expungement under 1203.4 PC.

Lastly, prisoners who served as firefighters in a prison's fire camp may qualify for an expungement, and the court may waive their parole, per AB 2147 of 2020. 

When to Apply for an Expungement Under 1203.4 PC

If you qualify for an expungement under 1203.4 PC, you can file a petition to expunge on the earlier of early termination of your probation or completion of your probation. Also, note that you can only file a petition if at least 24 months have elapsed since you completed your sentence.

Often, an attorney can speed up record expungement by packaging several motions into one. A prevalent example includes requesting the judge in the same proceeding to:

  • Reduce a charge to a misdemeanor from a felony (where a crime is a wobbler and the prosecutor filed felony charges).
  • Agree to terminate probation early (the judge can agree to this request provided the petitioner has complied with the terms and conditions of their probation).
  • Expunge a criminal record.

Who Is Ineligible for Expungement?

We mentioned that you could not erase your conviction record if you have served a state prison sentence unless the felony offense you were convicted of would subject you to a jail sentence under the realignment program. Apart from that, particular felony crimes are permanently inexpungible.

These include severe sex crimes committed against minors, like:

  • PC 286(c), sodomy against a child.
  • PC 287(c), oral copulation with a child.
  • PC 288, lewd acts with a minor.
  • PC 261.5d, statutory rape.

Generally, it is necessary that you successfully serve your probation to expunge your criminal record. But there is still a chance for expungement even if you have violated probation. The judge will schedule a special court hearing to establish whether you, despite your violation, qualify for an expungement of your record.

If you violated probation, the judge has high discretion to decide whether to deny or grant your petition for a 1203.4 PC expungement. Factors the judge might consider are, without limitation:

  • Your criminal history.
  • Your general performance while serving your probation.
  • The severity of your underlying crime.
  • Any more evidence indicating why you deserve an expungement, opportunity to secure good employment, strong community ties, support of your family, et cetera.

Benefits of Expunging a Record

There are several benefits to having an expungement. Significant ones include:

  • Someone cannot use your expunged convictions to question your integrity as an eyewitness in court.
  • It will be easier to acquire a state-issued professional license.
  • An employer might not discriminate against your job application on the grounds of the expunged record.
  • In certain cases, it assists in avoiding particular immigration consequences like deportation.

Restrictions on the Exposure of Expunged Records to Prospective Employers

The importance of a 1203.4 PC expungement has substantially increased recently. Before, your criminal record was likely not to be accessed by anyone except the police. But because of this, information companies started indexing criminal records into wide federal databases searchable by date of birth and name. Today, advanced technology allows prospective employers, professional organizations, or licensing agencies to run a criminal background check to find criminal records.

This is where the advantages of a record come in. Now, it is easier for prospective employers to learn about a prior criminal conviction. However, if a record has been legally deleted, an employer may not refer to it to turn you down for a job position.

What a Record Expungement Cannot Do

Unluckily, there are various restrictions on what a record expungement under PC 1203.4 can do for you. For example, expunging your record cannot overturn your driver's license revocation or suspension, restore your firearm rights, or end your duty to comply with the sex offender registration requirement under PC 290.

Additionally, a judge might still use an expunged conviction as a past conviction to increase sentencing. For example, a deleted drunk-driving conviction is still deemed a prior violation if the police later arrest you for another drunk-driving offense. Similarly, an erased charge considered a strike under the state's three-strike statute will still be a strike.

The Cost of Hiring an Expungement Attorney

Like attorney’s fees for other legal services, the cost to retain an expungement lawyer varies significantly based on where the violation occurred, how many underlying offenses were charged, and the seriousness of those crimes. The cost of hiring an expungement lawyer may be as low as a few hundred dollars or as high as ten thousand dollars. Factors that affect the amount of fees your lawyer will charge may include:

  • Whether or not the attorney charges a flat rate or per hour.
  • Filing fees.
  • Whether your record will be entirely expunged or sealed.
  • Whether there is a maximum amount of hours for which the lawyer will bill.

The Overall Cost of Expunging Your Record

Legal fees and court costs are among the factors that might impact the charges of having a record expunged, so specific costs are not automatically guaranteed when you want your record expunged. Generally, however, the charges of having most violations erased from someone's criminal record fall under the following estimated range:

  • Expunging misdemeanors offenses, including DUIs: $650.
  • Expunging felony offenses, including reducing them to misdemeanor crimes: $850.
  • Expunging infractions: $595.
  • Using PC 851.91 to seal a criminal arrest record: $750.
  • Reducing charges from a felony to a misdemeanor under PC 17b or Proposition 47: $750.
  • Having marijuana criminal records purged or reduced per Proposition 64: $750.
  • Expungement and a petition for early probation termination for felonies and misdemeanors: $1,250.

Can a Public Defender Take an Expungement Case?

When you have been arrested for an offense and cannot afford to retain a lawyer, the court might appoint a public defender to represent you. As the name suggests, a public defender's job is to defend accused people.

Consequently, public defenders are often incapable of helping clients who want to expunge their records. In many cases, the best-case scenario would be for the public defender who defends a case to have the charges dropped so the defendant does not have to worry about expungement later. Sadly, this is not always the case.

In some counties, like Los Angeles, persons arrested as minors and their criminal cases presided over by a juvenile court and grown-ups who have met all their probation terms may qualify for a record expungement. In these cases, the request for expungement will generally be made by a probation officer, and the public defender's office may represent the person.

Alternatives to Expungement

Where an expungement cannot provide the relief you need, there are other avenues you can pursue. These are a governor's pardon and a Certificate of Rehabilitation (COR).

A COR is an order by the court stating that you are fully reformed from your illegal behavior. You are eligible for this certificate after waiting seven to ten years since your release from custody, based on the crime you committed. The benefits of a COR are that the certificate is an automatic petition for a governor's pardon and that you qualify for a state professional license. Another benefit is that having this certificate informs the public that you have been rehabilitated from your criminal conduct and are ready to start afresh.

Note that a COR or expungement is unnecessary if your arrest did not lead to a guilty verdict. An employer may not deny an applicant a job based only on an arrest record. Employers are not even lawfully allowed to ask about arrests.

A governor's pardon relieves you of the disabilities related to a conviction. Usually, you must wait a minimum of ten years after completing parole or probation to request this pardon. If you have a COR, you can request a governor's pardon after seven years from when you were released from custody, as a COR serves as an automatic request for the pardon.

Record Expungement vs. Record Sealing

The legal process of sealing arrest records under Senate Bill 383 SB differs entirely from expunging criminal records under 1203.4 PC. You are eligible to seal and destroy your arrest record if:

  • The police arrested you, but the prosecution never brought criminal charges against you.
  • The judge dismissed your case in court.
  • A jury acquitted you after a trial.
  • The judge overturned then dismissed your conviction on appeal.
  • You completed a diversion program, for example, drug diversion under Proposition 36 or deferred entry of judgment under PC 1000.

If you seal and destroy your arrest record, you can say you have never faced arrest for an offense because for a judge to seal your record, they must declare your factual innocence.

Sealing and destroying a juvenile record has similar benefits to sealing and destroying an adult arrest record. You are eligible to seal your juvenile record if:

  • There is no pending civil case based on your juvenile incident.
  • As a grown-up, no court has convicted you of any crime involving moral turpitude (a violation involving immoral behavior or dishonesty).
  • You are now a grown-up, or the juvenile court's jurisdiction terminated no less than five years ago.

After the judge agrees to your request to seal your juvenile record, it will be sealed for three years, followed by its destruction.

Find a Criminal Attorney Near Me

When you seek to straighten your future by having your criminal record expunged, it is essential to obtain help from an attorney whose reputation is built on results. At California Criminal Lawyer Group, we have lawyers with experience and knowledge that can be highly helpful in your case. Even though expunging your criminal record may not solve all your problems, it can help you access the necessary things in life, like housing, employment, and education.

Whether you were convicted of a misdemeanor or felony, we can help you with expungement, provided you qualify. We will use our knowledge and experience to navigate the criminal justice system and ensure you obtain your desired outcome. Call us at 661-750-8230 to learn how we can help. We serve clients facing criminal charges and those seeking post-conviction relief in Bakersfield.