Expungement

Finding yourself in a situation where you are denied a rental opportunity, a professional license, an education opportunity, or employment due to a previous arrest or conviction can be frustrating and detrimental to your life's progress.

Under California Penal Code 1203.4, expungement is a legal process that allows individuals with prior convictions to petition the court to delete their criminal record. While it does not erase the sentence, it will enable certain offenders to have their cases dismissed and set aside, alleviating some of the negative consequences of a criminal record.

Considering the detrimental impact of a criminal record on your future, California statutes allow for record expungement. Expungement allows past crimes to remain in the past and not ruin your future. If you or a family member wishes to have their criminal record expunged, contacting an experienced post-conviction matters attorney is the ideal place to start. At the California Criminal Lawyer Group, we are here to assist you if you are facing charges in Fresno. Contact us today for more information.

An Overview of Expungement Under PC 1203.4

If you have a past conviction, expungement allows you to move forward with a clean slate, minimizing the adverse effects of your previous legal troubles.

What is Penal Code 1203.4?

Penal Code 1203.4 is a section of California law that provides for expunging certain criminal convictions. It allows you to petition the court for relief after you have completed probation or obtained an early release from probation. The court will review your petition and consider various factors before deciding. These factors could include:

• Your criminal history.
• The nature of the offense.
• Your conduct since the conviction and any relevant evidence provided.

If the court grants the expungement request, the conviction will be set aside, and a plea of not guilty will be entered. While the sentence does not disappear entirely, the process offers significant benefits by making your record more favorable for future opportunities.

Who is Eligible for a Conviction Expungement?

Expungement can be a life-changing opportunity if a criminal conviction burdens you, but not everyone qualifies for relief under Penal Code 1203.4. To be eligible for a conviction expungement, you should meet the following criteria:

• You must complete your probationary period without major violations or issues to be eligible for expungement.
• You must avoid legal trouble after your conviction. Any new criminal charges could impact the court's decision.
• Generally, convictions for misdemeanors or low-level felonies are eligible for expungement. Severe offenses like sexual offenses and violent crimes could not qualify.
• There is typically a waiting period before you can apply for expungement. For misdemeanor convictions, the waiting period is often one year after completing probation. For felonies, it could range from one to three years.
• You must comply with all court orders, including fines, restitution, or community service.
• If you served a state prison sentence for your conviction, you are generally not eligible for expungement under PC 1203.4. However, other post-conviction remedies might be available.

If you are a juvenile offender, you could also be eligible for expungement under different provisions and should consult an attorney for guidance. Some specific offenses, like certain sex crimes and serious felonies, are not eligible for expungement. Check the eligibility criteria for each case, and if you believe you meet the eligibility criteria for expungement, contact legal professionals to assess your case correctly and guide you through the process.

Who is not Eligible for a Conviction Expungement?

While expungement can offer a fresh start for many with past convictions, you should recognize that only some qualify for relief under Penal Code 1203.4. Certain circumstances and criminal histories could disqualify you from seeking a conviction expungement. The following factors could deem you not eligible for a conviction expungement:

• Incomplete probation. You are only eligible for an expungement after completing your probation term. Completion of probation is a crucial requirement to qualify for relief.
• Conviction of serious offenses. Certain serious offenses, such as violent crimes and sex offenses, are not eligible for expungement under PC 1203.4. These offenses have more severe consequences and do not qualify for the expungement process.
• Serving a prison sentence. If you served time in a state prison as part of your sentence, you are usually not eligible for expungement under PC 1203.4. However, your attorney could help you explore other avenues for post-conviction relief.
• Incarcerated or on parole. If you serve a sentence in jail or on parole, you only qualify for expungement once you complete your sentence and probation.
• Facing new criminal charges. You must maintain a clean slate from when you received your conviction to qualify for an expungement. Having new criminal charges after your original conviction could affect your petition.
• Your offenses involve minors. Convictions for offenses involving minors could have additional restrictions on expungement eligibility. Some Of these offenses include:
  • PC 286 - Sodomy against a minor.
  • PC 261.5 - Statutory rape.
  • PC 287(c) - Oral Copulation with a minor.
  • PC 289(j) - Forcible sexual penetration with a minor under 14.
  • PC 288 - Lewd acts with a minor.
  • PC 311 - Possessing child pornography.
• Faced multiple convictions. If You have multiple convictions, especially for serious offenses, you could face restrictions on your eligibility for expungement.
• Unpaid fines or restitution. Failure to pay fines or restitution ordered by the court can impact your expungement eligibility.

What Factors Determine the Court’s Discretion to Discharge you of your Conviction?

The court's discretion to discharge an individual's conviction under Penal Code 1203.4 is influenced by several factors. When considering a petition for expungement, the court considers various elements to make an informed decision. Below are the factors that play a role in the court's determination:

• Completion of Probation and Compliance With All The Conditions The Court Sets. The court considers whether you have completed your probationary period. Demonstrating compliance with all the conditions set by the court during probation can significantly influence the court's decision in your favor.
• Criminal History. The court will examine your criminal history, not just the conviction they seek to expunge. A history of multiple convictions or a pattern of criminal behavior could impact the court's discretion.
• Conduct Since Conviction. Your behavior and conduct since the conviction are crucial factors. A positive change in your behavior, a commitment to rehabilitation, and a law-abiding lifestyle can strengthen the case for expungement.
• Nature of the Offense. The seriousness of the offense is taken into account. Less severe crimes, such as misdemeanors or low-level felonies, are more likely to be considered for expungement than serious crimes.
• Impact on the Community. The court could consider the potential impact of expungement on public safety and the community. The court may exercise caution if granting expungement risks the public's welfare.
• Restitution and Fines. You must comply with your sentence's terms for the court to decide in your favor. Payment of fines, restitution to victims, and other financial obligations imposed by the court will be assessed.
• Employment and Rehabilitation Efforts. Your employment history and efforts toward rehabilitation are examined. Steady employment and participation in rehabilitation programs can positively influence the court's discretion.
• Character References. Character references from employers, community members, or rehabilitation counselors can provide insight into your transformation and rehabilitation.
• Victim's Input. Sometimes, the court could consider the victim's input regarding the expungement request.
• Time Since Conviction. The time since the conviction can also influence the court's decision. Generally, the longer the time since the conviction, the stronger the case for expungement. For a misdemeanor, your case is considered more robust if your petition is filed at least one year after the completion of your sentence. In a felony case, the ideal time since your conviction will be between 1 and 3 years.

Who is Eligible for Expungement Under Prop. 47?

Proposition 47, also known as the Safe Neighborhoods and Schools Act, was passed by California voters in November 2014. It reclassified non-violent offenses from felonies to misdemeanors, making convicted individuals eligible for expungement. If you or someone you know has been convicted of a qualifying crime, you could qualify for expungement under Prop. 47. The following are the essential eligibility criteria:

• Qualifying Offenses

 Prop 47 applies to specific non-violent offenses, including but not limited to:

1. Shoplifting (where the value of the stolen property is $950 or less).
2. Forgery (where the value of the forged check, bond, or bill is $950 or less).
3. Petty theft (where the value of the stolen property is $950 or less).
4. Possession of a controlled substance for personal use (limited to certain drugs).

• Prior Convictions

If you were convicted of serious or violent offenses, you are generally not eligible for expungement under Prop. 47.

• Sentencing Status

If you currently serve a sentence for a qualifying offense, you could be eligible for resentencing under Prop. 47. Resentencing allows individuals serving felony sentences for qualifying offenses to petition the court to have their sentences reduced to misdemeanors.

• Completed Sentences

To be eligible for expungement under Prop. 47, you must have completed your sentences for the qualifying offenses. This includes serving any jail or prison time and completing probation.

• Post-Conviction Conduct

The court will consider your post-conviction conduct, including whether you have stayed out of legal trouble and demonstrated rehabilitation since the conviction.

• Exclusions:

Certain offenses, even if non-violent, may not qualify for Prop. 47 relief. For example, If you were convicted of certain sex crimes or offenses that require registration as a sex offender, you could not be eligible.

Expungement under Prop. 47 can have significant benefits, including the potential to expunge felony convictions from your record, making it easier to find employment, secure housing, and access various opportunities.

Securing an Expungement Under Penal Code 1203.42

Securing an expungement under California Penal Code 1203.4 involves a comprehensive and strategic approach. While the process can be complex, having the correct information and legal support can increase your chances of a successful petition.

Securing an expungement begins when you file a petition with the court. You can apply for the petition in person, have your lawyer do it, or collaborate with a probation officer. The court can either do the following after receiving your request:

• Set aside the guilty ruling if you received a conviction after you had pleaded “not guilty.”
• Allow you to retract your guilty plea with a no-guilty plea.

This expungement will free you from all disabilities and penalties imposed by a conviction, and the benefits garnered will be similar to Penal Code 1203.4 conviction removal grants.

Filing A Petition to Have Your Criminal Record Expunged

Filing a petition to have your criminal record expunged can be a transformative step towards a better future. You could file a petition right after you have completed your probation. If the court awards you an early probation discharge, you can file your petition after your probation ends.

If you were found guilty of a misdemeanor or an infraction and the courts did not impose a probation term as part of your sentencing, you must wait a year from your conviction to file a petition. If you were convicted of a felony offense under the Realignment Act, you generally have to wait three years to initiate the petition process.

California Expungement Process

If you are considering expungement, here is an overview of the process:

1. Consultation with an Attorney. The first step is to consult an experienced attorney specializing in post-conviction matters. They will assess your case, determine your eligibility for expungement, and guide you through the process.
2. Eligibility Evaluation. Your attorney will review your criminal record and consider factors such as completed probation, time since conviction, and any subsequent criminal history to determine if you meet the eligibility criteria for expungement under PC 1203.4.
3. Gathering Documents. Your attorney will assist you in gathering all relevant documents related to your conviction and completion of probation. This could include certificates of completion, court orders, and other relevant records.
4. Preparing the Petition. Your lawyer will draft the expungement petition, a formal legal document outlining the details of your case, the conviction you seek to expunge, and the grounds for requesting relief under PC 1203.4.
5. Filing the Petition. Once the petition is complete, your attorney will file it with the appropriate court and serve copies to the prosecutor's office. The court will set a hearing date to review your petition.
6. Prosecutor's Response. The prosecutor's office will have an opportunity to review your petition and could raise objections if they believe you are not eligible for expungement.
7. Court Hearing. You, your lawyer, and the prosecutor will present your case on the hearing date before the judge. Your attorney will advocate in favor of expungement, emphasizing your rehabilitation and positive post-conviction conduct.
8. Judge's Decision. Before deciding on your petition, the judge will consider all the evidence and arguments presented during the hearing. If the judge grants the expungement, your conviction will be set aside, and a "not guilty" plea will be entered.
9. Notification of Expungement. Once the judge grants the expungement, you will receive a notice of the court's decision. Your criminal record will be updated to reflect the expungement of the conviction.

Benefits of Expungement

With your criminal record cleared, you can enjoy improved employment prospects, housing opportunities, and other benefits, including:

• Improved Employment Prospects. With an expunged criminal record, you can present yourself as a more attractive candidate to potential employers.
• Professional Licensing. Some professions require background checks, and a clean record can increase your chances of obtaining or retaining a professional license.
• Housing Opportunities. Landlords often conduct background checks on potential tenants, and an expunged record can improve your chances of finding suitable housing.
• Restoration of Civil Rights. Expungement restores certain civil rights that could have been impacted by the conviction, such as the right to serve on a jury and vote.
• Reduced Stigma. Expungement helps reduce the stigma associated with a criminal record, allowing you to move on from past mistakes.
• Peace of Mind. You will be emotionally relieved, knowing your past mistakes are no longer publicly visible.
• Favorable Credit Checks. An expunged record can positively impact credit checks, making securing loans or approvals easier.
• Enhanced Personal Relationships. A cleared criminal record can improve personal relationships, demonstrating your commitment to rehabilitation and a law-abiding lifestyle.
• Immigration Benefits. If you are a non-U.S. citizen facing immigration issues, having a cleared criminal record is beneficial. Expungement can positively affect immigration proceedings and provide potential relief from deportation.

What are Some Limitations on Disclosing Expunged Sentences to Potential Employers?

As a person seeking employment in California, you must ensure that your criminal record is clean by seeking expungement of your convictions for offenses committed in the past. With evolving technology, potential employers, licensing agencies, and professional organizations can access criminal court records through the national database. Therefore, make your conviction readily available if it is not expunged.

Limitations of an Expungement

While obtaining an expungement can be immensely beneficial, you should recognize certain limitations associated with the process. Expungement does not entirely erase the existence of the conviction or eliminate all consequences. Some government agencies, particularly law enforcement and specific licensing boards, may still have access to your expunged conviction for particular purposes. This is especially true if you apply for a government-related job or license.

Expungement may not reinstate your right to own or possess firearms if revoked due to a felony conviction. Federal law restricts firearm ownership for certain felony convictions, even if expunged.

While an expunged conviction cannot be used against you in future criminal cases, it could still be considered for sentencing enhancements if you commit subsequent offenses.

In most cases, expunged convictions must not be disclosed to private employers. Still, some job applications could require you to disclose the expunged offense if specifically asked about prior convictions.

The expungement of a criminal sentence from your record does not relieve you from sex offender registration requirements if it was a part of the original conviction. Certain sex crimes may not be eligible for expungement. Expungement may not prevent immigration authorities from considering your prior conviction if you face immigration issues. In some cases, it could still impact your immigration status or eligibility.

While expungement can be a positive factor in future sentencing, it does not guarantee leniency or immunity for subsequent offenses. If you decide to run for public office or seek certain elected positions, expunged convictions could still be relevant for background checks.

Can One File a Petition for Early Termination and Expungement at the Same Time?

Filing a petition for early termination of probation and expungement simultaneously in California is possible. Early termination of probation allows individuals to request the court end their probationary period before the initially scheduled completion date.

On the other hand, expungement involves requesting the court expunge a conviction after completing probation or, in some cases, before completing probation. Filing these petitions concurrently can benefit individuals seeking to clear their criminal record as early as possible.

To qualify for early termination, you must have completed a substantial portion of your probation term, typically at least half. Additionally, you should have complied with all the terms and conditions of your probation, including paying fines and restitution, attending required classes, and staying out of legal trouble. Early termination can be beneficial as it allows you to move forward with your life without being under the constraints of probation.

An example of the court granting both petitions simultaneously is:

• Reducing your felony conviction to a misdemeanor.
• Expunging your sentence.
• Granting you an early termination of probation to satisfy the court with your compliance with the terms.

Find a Criminal Lawyer Near Me

You could successfully have your conviction expunged by filing a petition with the courts. Having an experienced attorney by your side can significantly increase the chances of a successful expungement and provide valuable guidance. At California Criminal Lawyer Group, we are ready to take on your case and help you have your conviction expunged in Fresno. Contact us today at 559-712-8377 for assistance.