To clear a misdemeanor in California, you must confirm your eligibility for expungement, submit the required documents on time, and show up for the expungement hearing, either in person or through an attorney. Any misstep can lead to a denial, preventing you from reaping the benefits of sealing your criminal history.
Read on to learn more about post-conviction options to clear up your record. Then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Understanding the Expungement Procedure in California
To clear a misdemeanor conviction in California, you must:
- Fulfill any probation terms related to the criminal case,
- Ensure the offense is expungeable,
- File the necessary paperwork in the appropriate superior court within the mandated timeframes, and
- Be present at the expungement hearing, either in person or via an attorney.
This procedure also applies to eligible felony convictions.
Commencing the Expungement Process
Generally, you can begin the process to clear a criminal conviction once you’ve completed your probation. If the offense was a felony covered by Proposition 47, you might have to wait an additional 2 years before initiating the process.
Whether it is formal or summary probation, you must complete all terms and requirements of the program to be eligible. This includes paying any victim restitution and finishing all community service requirements. If you’re keen to clear the record, you may seek early termination of probation. However, you’ll need a court order to grant early termination before you can start the expungement process.
A probation violation might impede your chances of obtaining an expungement, but it’s not impossible to achieve. The court will hold a special hearing to decide whether the interests of justice warrant overlooking the probation violation.
With representation from Chambers Law Firm, your attorney will likely bundle these motions together. You can apply for early probation termination and expungement simultaneously. If the offense was a wobbler, your defense attorney may also file a motion to downgrade the felony to a misdemeanor.
Eligibility for Expungement: Not Limited to Misdemeanors
Not just misdemeanors, some felonies can also be cleared under California law. To be eligible for expungement, you must have:
- Completed probation, and
- You’re currently not:
- Facing criminal charges,
- On probation for a different crime, or
- Serving a sentence for a different crime.
Furthermore, you generally should not have served time in a California state prison – as opposed to a county jail. Serving prison time at any point, either due to the court’s initial judgment or a probation violation, usually negates the offense’s eligibility for expungement.
However, exceptions exist under Proposition 47. If you were sent to county jail, rather than state prison, for an offense committed after 2011, you might still qualify for expungement. In such cases, the judge has the discretion to grant expungement.
Certain felony convictions, particularly severe sex crimes involving minors, can never be expunged. These include:
- Statutory rape (Penal Code 261.5(d) PC),
- Sodomy involving a child (Penal Code 286(c) PC),
- Oral copulation with a child (Penal Code 287(c) PC), and
- Lewd acts with a child (Penal Code 288 PC).
The Required Documentation
To achieve expungement following a guilty plea or a no-contest plea, you must file a petition for dismissal. Initially, you must withdraw your plea and enter a not-guilty plea. If the conviction occurred via verdict, you must request the court to set aside the verdict or court record. Upon completion, a hearing will be scheduled.
Typically, you won’t have to attend this hearing, provided your expungement attorney is present. At the hearing, you or your attorney must demonstrate that it’s in the interest of justice to clear the conviction from your record.
However, the prosecutor must be informed at least 15 days before the hearing. This gives the district attorney sufficient time to oppose the expungement. If the prosecutor doesn’t object, they can’t challenge it later. A filing fee is also necessary, and the amount varies based on the county and the type of offense being expunged.
If you are interested in learning more about your options and how a criminal defense attorney can help, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
