How to Expunge a Criminal Record in California
Have you lost out on job opportunities because of a criminal record conviction? A conviction on your record can also be embarrassing and cause stress. There is some good news, though. If you live in California, you may qualify to expunge your criminal record. This means that past convictions will no longer show up on your record. You'll need to determine if you're eligible and fill out the paperwork.
Part 1 of 2: Preparing to File for Expungement
- 1Know the basic qualifications for expungement. To qualify, you must have been convicted of a misdemeanor or felony offense. You must successfully finish probation and not be currently charged with a criminal offense. Also, you can't be on probation or serving a sentence for a criminal offense.
- In general, you must have successfully completed all your probation to get an expungement. This means you completed all the terms of your probation, attended all required court appearances, and did not commit any new crimes while on probation. You might have also needed to pay fines and restitution, attended counseling, or done community service. [1]
- 2Determine whether you might qualify even if you didn't finish probation. You may still be able to get an expungement. The court will hold a hearing to determine whether to allow this. At the hearing, the judge will consider the following things:[2]
- your performance while on probation
- the seriousness of the underlying conviction
- your criminal history
- why you think you deserve this relief (such as:your opportunity to get a good job, the fact that you support your family, the fact that you have strong community ties, etc.)
- any other factors that they deem relevant
- 3Make sure your case does not fall within specific exceptions. If you served time in any California State Prison, you will not qualify for an expungement. Expungement is only for people convicted of a misdemeanor or a felony that could have been charged as a misdemeanor. It is also limited to those sentenced to county jail time, probation, a fine, or a combination of those three.[3]
- There are also some offenses which you cannot expunge under any circumstances. These include any sexual crime involving a child (including molestation, rape, and sodomy) and statutory rape.[4]
- 4Determine which forms you will need. In California the forms that you must fill out to get an expungement are called PC 1203.4 forms. [5][6] To expunge a misdemeanor, file a Petition to Dismiss a Misdemeanor if you've completed probation. If you haven't completed probation, file a Motion to Terminate Probation or a Petition for Dismissal if the motion isn't granted.[7][8]
- In the case of a felony in which probation was ordered, you'll need to file under PC § 17(b)(3) to reduce the felony to a misdemeanor. Then you can file a Petition to Dismiss a Misdemeanor or Petition to Dismiss a Misdemeanor. The forms for felony reduction are available at any court location.[9] In the case of a felony in which you were sentenced to prison time but instead served time in county jail, file under PC § 1203.41.[10]
Part 2 of 2: Filing for Expungement
- 1Get and fill out the forms. Download the necessary forms from the court's website or get them from the court in person.[11] Fill them out completely and accurately.
- You may want to attach any documents you want to show to the court. These documents can include proof of program or rehabilitation completion. Character reference letters and community service completion paperwork are also often included. They are not required but may be helpful.[12]
- 2File the forms and pay the fee. File the forms with the court where the offense occurred. Go to the office of the clerk of court with your completed forms and the filing fee.[13]
- The filing fee varies based on the county where you were convicted and whether you were convicted of a misdemeanor or a felony. For example, San Diego County charges a filing fee of $60 for a misdemeanor and $120 for a felony. Look up the cost in the area you live by visiting the court's website.
- 3Prepare for your hearing. After you file your paperwork, the court will schedule a hearing. It will be up to a judge to decide whether to grant your expungement. Before this hearing, it is a good idea to consult with an attorney about how best to prepare.
- Before the hearing, the court will notify the prosecutor in your case so that they can file objections to the application for expungement.
- The prosecutor’s objections will set forth the specific reasons why they claim the expungement should be denied. You will want to have responses prepared to any foreseeable objection.
- Prepare a statement for the court and make copies of all documents and evidence related to your case that you wish to submit.[14]
- 4Attend your hearing. Show up on time, dress appropriately, and behave respectfully. Address the judge by his or her formal title ("judge" or "your honor"). At the hearing, the court will either grant or deny the expungement based upon the evidence and arguments presented.[15] There are several things the court will consider when making this decision, such as:
- Whether you have been charged with or arrested for any more crimes.
- Your behavior since the offense. This includes your ability to keep a job and pay your bills and debts. It also includes education or job-training you've completed. Judges often will consider community involvement like joining a church or volunteering, too.
- Any arguments raised by the prosecution .
- Whether the government has an interest in maintaining your criminal record.
- 5Re-file if necessary. If the judge denies your petition, ask what you need to do to get your conviction expunged. The judge will tell you why he or she denied the petition, and what you need to do to get the petition granted. After listening to the changes that the judge suggests, make any necessary changes you can.
- You may re-file your petition 6 months after the original denial, after you have made the changes recommended by the judge.[16]
