According to stats from the U.S. Department of Justice, more than 67 million Americans have some type of criminal record. This can be a serious hindrance when it comes to getting a job, finding housing, and other necessary steps a person must take. The good news is that most states – including the state of California – do have some options for people who were convicted of misdemeanors and some felonies.
According to the Penal Code of California, most people who’ve been convicted of a crime who fulfilled their probation as required, and did not spend time in state prison, are eligible to petition the court to have their record expunged. You’re eligible to apply for expungement as soon as you’ve completed your probation, even if you got early termination of probation.
What exactly is expungement?
In short, it’s a post-conviction process that involves a person withdrawing their guilty or no contest plea, or having their verdict of guilty set aside. The courts then enter a new plea of not guilty and the case is dismissed. The FBI and California Department of Justice both get a copy of the signed order from the judge and the person’s criminal record is updated. Note that an expungement doesn’t erase the arrest or conviction, but it does allow a person to legally say that they were not convicted of a crime and it does result in most criminal background checks coming up clean.
Who’s not eligible for an expungement?
As noted above, there are really only three things that a person must do to be eligible for expungement. However, there are some individuals who are ineligible. This includes a person who has been charged with an additional criminal defense, a person did serve a state prison sentence on the charge they’re trying to expunge, the person is still serving a sentence, or they’re on probation for a criminal offense.
Certain crimes can’t be expunged, including sex crimes that involved children, speeding of over 100 miles per hour, and vehicle code infractions that involve evading a police officer or disobeying them. In most cases, violent felonies are also not eligible for expungement.
What are the main benefits of expungement?
If your record is expunged then you are released from all penalties associated with a conviction. This is a huge plus for anyone who’s trying to seek gainful employment. Expungement also makes it possible for a person to get or restore a California professional license, like a nursing or real estate license, to obtain student loans, and to rent an apartment.
In short, an expungement can help a person get a fresh start. This is just a brief guide that only covers some of the specifics of expungement. If you believe that you may be eligible, your next move should be calling Chambers Law Firm at 714-760-4088. We are here to help you better understand this and other options and to help you move forward with your life.
