A criminal record can have a negative impact on your life, even after serving your sentence. The stigma of an arrest or a criminal conviction can close great opportunities, like securing a house, employment, and admission into institutions of higher learning. However, California law offers alternatives that can reduce these repercussions, including record sealing and expungement. You should consult a skilled record sealing and expungement attorney to seal your record or expunge a criminal conviction.
Understanding An Expungement
An expungement is a legal process that allows you to petition the court to have your conviction dismissed if you comply with certain conditions. Under Penal Code 1203.4, an expungement only alters your record to indicate that your charges were dropped. An expungement does not erase your conviction. In this case, you enter a new plea of not guilty by withdrawing your guilty plea.
Under PC 1203.4, you qualify after completing probation (or jail, if no prison), and certain realigned felonies may qualify under PC 1203.42. If the judge grants your expungement petition, you can claim you were not convicted of any crime. You can assert this while looking for a house, employment, and many other places where a person will ask about a criminal record.
Unfortunately, an expungement cannot erase all your conviction records. Certain government agencies and the police can still access your record while conducting background checks. Additionally, not all people convicted of criminal offenses can secure an expungement. You might not qualify for an expungement if you are convicted of serious crimes like murder and certain sex crimes. Your criminal defense attorney can assist you in determining whether your crime qualifies for expungement.
Recording Sealing Explained
There is a big difference between record sealing and expungement. Record sealing involves concealing certain records from the public, but does not erase them. This is common for some juvenile and arrest records that did not result in a conviction. You have a right under Penal Code 851.91 to petition the court to have your record sealed if you were arrested but not convicted. You will not need to mention your arrest while looking for a house or employment once your record is sealed.
The Difference Between Record Sealing And Expungement
Your arrest or conviction will be cleared once your record is sealed. On the other hand, your arrest or conviction will be set aside after expungement. In this case, once your documents are sealed, they cannot be accessed by the public. A court order can, however, reopen your sealed records. If this happens, they will continue to exist both legally and physically.
Your expunged records will no longer appear on your background record. No one will know that you were ever arrested or convicted once it has been erased from your record. Your juvenile criminal record can also be sealed once you reach 18 years. Unfortunately, a court order can still allow the reopening of the sealed records.
Securing a second chance in life is one of the advantages of sealing juvenile records. Landlords, prospective employers, and other significant personal and career figures will not know about your criminal background. In this case, you will overcome the stigma associated with a criminal record for juveniles. However, a person can commit another offense as an adult after sealing the juvenile record. At this point, the severity of the new offense will be evaluated with regard to the sealed record.
Misdemeanor And Felony Expungements
Most misdemeanors in California qualify for expungement. The process is easier because most misdemeanors' penalties include probation, jail time, fines, or community service. You can petition the court to have your misdemeanor case expunged if you complete probation. A criminal defense attorney can help you expunge your criminal record if you comply with probation conditions and pay all court fees.
You can also petition the court to have your DUI record erased once you have finished your sentence. California permits DUI record expungement if probation rather than a sentence resulted from your conviction. However, it can be challenging to secure an expungement if you were sentenced to jail because of a DUI. In this case, you should seek the services of a skilled DUI attorney. He/she will make the process easy for you.
Your criminal defense attorney can file a petition for early probation termination if you request expungement during probation. The probation officer can recommend you for early probation termination if you comply with probationary conditions.
In some situations, expunging a criminal record can be hard or impossible because certain felonies cannot be expunged. However, an experienced criminal defense attorney can negotiate with the judge to approve your petition. You require a competent criminal defense attorney because the expungement process is often lengthy and challenging.
Qualifications for Expungement And Record Sealing In California
Several factors will determine your eligibility for expungement and record sealing. Some factors include your criminal record, the type of offense you commit, and the outcome of your case.
Qualification For Expungement
You will only be eligible for expungement under the following conditions:
- No pending probation violations
- No open cases or current charges
- You have paid all court fees and restitution
- You have successfully finished probation or a jail term
Most misdemeanors and some felonies (including eligible realigned felonies) qualify; serious sex offenses and felony prison sentences are excluded. The realignment law under Penal Code 1170(h) has exempted these offenses from expungement.
Qualification For Record Sealing
Recording sealing under the Judicial Branch of California can be allowed in any of the following circumstances:
- The police arrested you, but you did not face formal charges
- You went to trial, but you were found innocent
- You successfully finished a Deferred Entry of Judgment (DEJ) program and complied with all conditions
- You successfully finished a diversion program, and your charges were dropped. You were charged after your arrest, but your charges were later dropped.
Recent amendments to California law have simplified the sealing of certain records. Most minor crimes can now be sealed automatically under California’s new Clean Slate Law. However, this can only happen if you complete your sentence. Juvenile records can also be sealed automatically once you turn 18, provided you have not committed any other crime.
The Process Of Applying For Expungement or Record Sealing In California
Pursuing an expungement or record sealing encompasses various steps. Your criminal defense attorney can help you navigate this process. An attorney will work hard to ensure you secure better chances of sealing or expunging your record. Some of the steps you should follow include:
Gather Essential Documents
You should gather all essential documents once you have established that you qualify for expungement or record sealing. Essential documents can include:
- Arrest reports
- Court records
- Your case number
- Evidence that you have complied with all conditions of your sentence, such as fines and probation
Ensure you have complete and accurate records because omissions or errors can negatively affect the process and lead to a denial. Work closely with your attorney to gather all essential documents and confirm that you have the required evidence before applying.
File A Petition With The Court
The process of expungement or record sealing a record often starts by filing a formal petition with the right California Superior Court. An expungement is normally filed with the Superior Court in the county where you were convicted. If your arrest record did not result in a conviction, you can petition the court by filing a motion to seal a record. In this case, you must pay a filing fee, but you qualify for a fee waiver if you have financial problems.
Showing Up For The Court Proceedings
The judge will set the hearing date to determine whether to grant your petition. During the hearing, you will be given a chance to table the evidence supporting your case. Some of the evidence you can present includes:
- Community involvement
- Employment history
- Proof of rehabilitation
Your criminal defense attorney can assist you in preparing for the hearing and even attend the court proceedings on your behalf.
Receiving The Judge’s Ruling
After reviewing your petition, supporting documents, and any evidence tabled at the hearing, the judge will make a final ruling. If the court grants your petition, he/she will issue an order to seal or expunge your record. The sealing or expungement will then be updated to show the change. The law allows you to appeal the judge’s decision if he/she denies your application. You can also correct any issues that caused the denial and reapply. Usually, you should verify after the expungement or sealing if the changes are effected in public databases, like your record with the Department of Justice.
Reasons For A Denied Record Expungement Application
Only a few offenders who apply for a record expungement are successful. The judge can reject or accept your application based on several variables. Your application can be rejected if you do not qualify for an expungement. This can happen if the judge establishes that your offense does not meet the requirements. It is challenging for certain felonies to be expunged from your criminal record. Federal cases are also not eligible for expungement. You require the help of an attorney to determine your eligibility before making your application.
Your application can only be accepted if you comply with all expungement requirements. The judge can fail to approve your application on the following conditions:
- If you file your petition while still in jail or prison for the initial offense or another one
- Filing your petition before you have paid all court fees
Your application can be rejected if you have already been convicted of an additional offense or are currently facing charges.
Clean Slate Law
Reform policies have been implemented in the criminal justice system in California since July 1, 2023. Also known as Senate Bill 731, the Clean Slate Law is a continuation of Assembly Bill 1076. The Clean Slate Law represents a great move in California’s approach to criminal punishment. The two statutes aim to minimize the long-term repercussions of criminal convictions. In this case, they give hope and a new beginning to offenders who have served their sentences and have not committed any other crime.
Under SB 731, most eligible non-violent, non-serious, non-sex felony convictions are automatically sealed four years after completing the sentence; serious offenses remain excluded. This law also allows your felony arrest record to be expunged after three years if it did not result in charges. However, this law does not apply to serious, violent, or sex offender felonies. Sealing of a misdemeanor arrest record can happen one year after conviction if you were not charged. You can also not be denied teaching credentials for expunged drug possession if five years have passed since your conviction.
You can withdraw your no-contest or guilty plea for many felony convictions and have your charges dropped if you comply with certain conditions. Your case will be cleared immediately once it is dropped. If the judge grants you probation, your conviction will be cleared once the case ends.
Senate Bill 731 eliminates the difficulties of filing a motion to expunge or seal your record. It enhances an automatic relief of felony charges. This can assist you in finding a job and housing prospects. Unfortunately, the relief does not apply to the restoration of gun rights. Under this law, the Department of Justice is charged with the duty of reviewing criminal justice databases every month and clearing all records eligible for relief. This statute is meant to make clear a defendant’s background check results, making it easier to secure a job or access other privileges.
Reasons Why Record Sealing And Expungement Are Important
An arrest, charge, and conviction can impact your life negatively. You can still feel the impact of an arrest and conviction in your life, even years after completing your sentence. Most offenders reform and transform their lives completely after a sentence. Sadly, you might continue to face the negative repercussions of a criminal record. Most aspects of your life can also be negatively impacted by a wrongful arrest. A conviction or arrest will continue affecting your reputation if it remains on your criminal record.
Criminal records can be accessed widely today because of advanced technology. The situation is worse because many people can now carry out background checks easily on:
- Their tenants
- Neighbors
- Friends, and
- Employment prospects
It is challenging to convince people that you have changed for the better if you have a criminal record. This is why sealing or expunging your record is important. Securing expungement or sealing your record can make it easy to do the following:
- Buy a car
- Lead a free, everyday life
- Rent a house
- Secure a student loan, and
- Obtain employment
Once your record has been sealed or expunged, you will face fewer challenges based on your criminal past. However, sealing your record cannot guarantee you a complete defense against the negative consequences. You should pursue an expungement to erase your criminal record.
Seeking Legal Advice During Expungement or Record Sealing
The expungement or record-sealing process can be challenging to navigate, especially if you do not know what to expect. These processes involve completing certain forms and submitting them to several parties. Your expungement and record sealing petition can be rejected if you fail to follow the applicable rules perfectly. If this happens, you might be forced to repeat the procedure, which is time-consuming and inconvenient. You can also incur a hefty cost by paying the application fee several times.
The chances of securing an expungement will increase if you seek legal assistance. Your criminal defense attorney will review the court records and ensure he/she identifies the specific charges you want expunged. An attorney will also ensure your paperwork is forwarded to the right people.
An attorney also understands the expungement laws. If need be, an attorney can access the law library and familiarize themselves with statewide case law. Attorneys understand how expungement and record sealing work and can save you a lot of money and time.
Your attorney will protect your rights by addressing objections and ensuring procedural compliance. He/she will also explain the possible repercussions of not sealing or expunging your records, including:
- How can it affect your housing
- How can it affect your employment, and
- Other aspects of your life
Find A Criminal Defense Attorney Near Me
Are you concerned about the detrimental effects of an arrest or a criminal conviction on your life? A criminal record can affect many areas of your life by making you face stigma from society. You can also face challenges when applying for a job or seeking tenancy. A criminal record can also make it challenging to apply for a professional license and university admission. The good news is that you do not have to carry the burden of a criminal record for a lifetime. With the help of an attorney, you can explore an expungement or record sealing.
At Darwish Law, we have committed and experienced attorneys who can guide you through the expungement and record-sealing process in Los Angeles, CA. Contact us at 714-887-4810 to speak to one of our attorneys.