A felony is any criminal offense for which you can be sentenced to state prison and is one of the most serious types of offenses under California law. Facing charges and a conviction for a felony can result in serious legal consequences. However, much of the fear and anxiety associated with facing a felony conviction comes from the aftermath of the conviction. A felony criminal conviction creates a permanent criminal record.

Since criminal convictions are a public record, the conviction can make it difficult for you to obtain a job, apply for college, seek a professional license or hold public office. Fortunately, there are several ways to escape the disabilities associated with the conviction. An expungement is a legal proceeding where your ‘guilty’ or ‘no contest’ verdict is set aside, and the case is dismissed. Expunging a felony conviction is a complicated procedure. Therefore, seeking legal guidance is crucial.

Difficulty Obtaining a Job

In California, employees need to disclose their past convictions when called upon by a potential employer. You can be terminated if you fail to disclose a felony conviction and your employer finds out. Additionally, employers often will do a background check on you, and having a felony conviction may be used as a basis to deny you the job.

Most employment applications are precise in the statements of what a potential employee must disclose, and a felony conviction is one of them. However, you will not need to disclose information on:

  • Detentions or arrests which did not lead to a conviction
  • Arrests that you completed with a drug diversion program
  • Sustained juvenile petitions that have been sealed
  • Criminal convictions that have been expunged under California PC 1203.4

If you seek employment in any of the following positions, a felony conviction could be a hindrance:

  • Managerial positions
  • A law enforcement position
  • A job position involving access to personal or confidential information
  • A job position in the state Department of Justice

Denial or Suspension of a Professional License

If you face a felony conviction in California, it may be challenging to obtain a professional license. Additionally, individuals who already have the license could face a suspension or revocation due to the conviction. Some of the professions that could be affected by a felony conviction include:

  • Dentist
  • Doctor
  • Nurse
  • Social worker
  • Lawyer
  • Teacher

When you apply for a license for any of the above professions, you must disclose all your past convictions. If you expunge the conviction, you may have a better chance at obtaining or keeping your license.

You Cannot Serve in the Jury after a Felony Conviction

An individual who has a felony conviction their record cannot serve in a California Jury unless their civil rights are restored. You can restore your civil right by:

  • Applying for the governor’s pardon
  • Seeking a certificate of rehabilitation

Suspension of your Voting Rights

Your right to vote could be suspended if you are in prison or on parole for a felony conviction in California. However, you may be able to retain your right if the judge is sentenced to probation and not more than a year in county jail. When you complete your prison sentence or parole, your voting rights will be restored automatically.

Travel Restrictions

Following a jail or prison sentence from a felony conviction, you may be subject to supervised release, commonly known as parole. While out on parole, you will need to inform your parole officer before traveling out of state. The court may require you to surrender your travel documents to enforce the travel restrictions.

Negative Immigration Consequences

If you are an immigrant, a felony conviction could result in deportation or being rendered inadmissible following a felony conviction. Crimes that affect your immigration status include:

  • Aggravated felonies like murder or rape
  • Multiple felony convictions whose sentence exceeds five years
  • Crimes of moral turpitude. Crimes of moral turpitude are crimes involving a high level of recklessness, unwarranted violence, or is insulting to basic morality.
  • Drug crimes
  • Domestic violence offenses such as child abuse, spousal rape, or domestic battery
  • Firearm offenses

Firearm Restriction

A felony conviction in California will subject you to a lifetime firearm ban. The firearm ban applies to both state and federal convictions. Additionally, it is important to understand that minors who are tried as adults and convicted for a felony will face a similar ban. Your ability to restore the gun rights after serving your sentence will depend on whether your conviction was a straight felony or a wobbler.

If you were convicted for a wobbler charged as a felony, you could petition the court to reduce your conviction to a misdemeanor or have the charges dismissed. You can only restore your gun rights after a conviction for a straight felony by seeking a governor’s pardon.

Sex Offender Registration

If you face a felony conviction for a sexual crime against a child or a sexually violent offense like rape, you will be required to register as a sex offender in California. Sexual offender registration can significantly impact your personal and professional relationships. Failure to register as a sex offender will result in a prison sentence of up to three years.

Expunging a Felony Conviction

If you were convicted for a felony offense but never sent to state prison, you might be able to take advantage of the expungement relief under California PC 1203.4. In California, expungement is the legal process that relieves you of the disabilities that result from a criminal conviction. If the court accepts your petition to expunge your conviction, your case will be reopened, and your guilty plea will be set aside. A conviction for a felony attracts serious legal penalties. However, the consequences of the conviction affect your life long after you serve the jail and probation sentence.

Sealing a criminal record is the only way it can be eliminated from the public eye. However, you may not be required to disclose it through an expungement, and it cannot be used against you. To expunge your felony conviction, you must file a petition with the court through the following process:

Obtain the Copies of your Criminal Record

Your criminal record entails all the relevant information for your arrest, criminal charges, and conviction. If you served probation or paid court fines due to the conviction, you could also obtain copies of the same. The California State Department of Justice Criminal Record Review may charge you up to $25 to pull out your criminal record. However, with proof of income, you could qualify for a waiver.

Check the Eligibility Criteria

Not all individuals who face a felony conviction will be eligible for a record expungement. Before you begin the process of seeking an expungement, you need to ensure that you meet the following criteria:

  • You did not serve time in state prison after your felony conviction.
  • You served a probation sentence and completed it successfully. Probation for a felony conviction lasts from three to five years based on the severity of your charges. Successful completion of probation means that you served the full term or obtained an early termination.
  • You are not currently facing any criminal charges or serving a sentence for another criminal offense.
  • You have completed your sentence, including community service, restitution, and fines.
  • You were charged and convicted in state court and not federal court. If you were charged with a federal crime and sentenced to federal prison, you could not enjoy the benefits of an expungement relief.
  • After your felony conviction, it has been two years or more after serving your jail sentence.
  • It would be best if you reduced your felony conviction to a misdemeanor.

It is important to understand that a felony sex offense involving an individual under eighteen years will not be eligible to expunge the conviction.

Know the Details of Your Conviction

If you wish to expunge multiple convictions, you will need to know the case number for each conviction. Also, you need to check the type of verdict that was entered. A criminal case can either have the guilty, not guilty or no contest verdict. Before you file for the expungement, you must also know the type of sentence that the judge handed for our case.

Check the Status of Your Probation

If you were not sentenced to probation or have already completed your term, you are eligible for an expungement. However, if you are still on probation, you must seek an early termination before applying for expungement. Probation termination is at the court’s discretion. However, the judge could consider the following factors:

  • Your criminal record
  • The severity of the conviction you want to expunge
  • Your ability to obtain employment after your probation is terminated
  • Your ties to the community
  • Your conduct while on probation

Obtain Expungement Forms

You begin the process of expunging your felony conviction by filing an expungement form under PC 17(b) (3) to have your felony reduced to a misdemeanor. If the form is not available in the courthouse, you can draft one with the guidance of your expungement attorney. Once the felony conviction is reduced to a misdemeanor, you can file a petition to expunge the record under PC 1203, 4. If you hope to expunge several convictions, you must file a form for each.

File for Expungement

After completing the necessary paperwork for your case, you can file the petition with the court. Expungement for a felony conviction in California takes four to five months. However, a petition to reduce a felony to a misdemeanor could delay the expungement process.

Prepare for the Expungement Hearing

During an expungement hearing, the court accepts or rejects your petition. You do not need to be physically present for the hearing. Your attorney can represent you. An expungement hearing is held before a judge, and the reasons to deny the expungement will be raised. If the judge accepts your petition, you will be issued a signed order documenting your case dismissal. After the expungement, you will not be required to answer yes when asked about your criminal record by potential employers or while applying for a professional license.

If your petition to expunge the felony conviction is denied, the judge will give you the reasons for the denial. You can make the necessary adjustments and file another petition within six months. If you are not eligible for expungement of the felony and are looking for other methods of escaping the disabilities of the conviction, you can explore the following options:

  • Obtain a rehabilitation certificate
  • File a petition to seal or destroy the records
  • Receive a Governor’s pardon

Will expunging my Conviction Impact the Consequences of California’s Three Strikes Law?

NO. California Three Strikes Law is a sentencing scheme that imposes harsher penalties for felony defendants with a strike in tier record. A strike in your record is part of the punishment you receive after a conviction for a violent felony in California. For each felony conviction, you receive a strike. If you face a conviction for a felony and already have two strikes in your record, the judge could impose a sentence enhancement of twenty-five years to life. It is important to understand that expunging your felony conviction will not eliminate the consequences of the Three Strikes Law.

Find a Record Expungement Attorney Near Me

Under California criminal law, a felony could be any serious offense ranging from aggravated DUI to crimes like murder and rape. A conviction for a felony offense attracts serious legal consequences, including prison time and hefty fines. However, after serving your legal obligations, the consequences could continue. While the recent changes in California law prohibit employers from asking potential employees about their past convictions, they still carry out a background check and discover the convictions. A felony conviction in your record can be used as a basis to deny you a job opportunity.

Beyond the lost job opportunities, a felony conviction in California could cause you to lose your professional license and miss out on a chance to join the military. Luckily, you can expunge the record and avoid the lifelong disabilities associated with the conviction. If you are tired of dealing with the consequences of your felony conviction and seek an expungement, you will require the guidance of a competent attorney. At Record Expungement Attorney, we will provide you with the legal guidance you need to file a successful record expungement petition in Los Angeles, CA. Call us today at 424-286-1516.