Facing criminal charges is a scary experience. The criminal charges lead to hefty fines, possible jail time, probation, and other court obligations. Your reputation also suffers. Furthermore, the quality of your personal and professional life suffers. Fortunately, in California, you can expunge your criminal record. Expunging your criminal record means changing your guilty plea to a not-guilty plea and petitioning the court to remove the offense from your criminal record. Under California Penal Code 1203.4, you can expunge your criminal record by changing your plea of guilty or non-contest to a non-guilty plea. However, you have to meet the eligibility criteria to qualify for expungement. Under the law, the court can expunge both misdemeanor and certain felony charges.

Understanding How Expungement Works In California

In California, an expungement is withdrawing your guilty plea or non-contest plea into a not-guilty plea. Once the court expunges your record, your case is dismissed. An expungement is desirable since it wipes off your criminal record. Having a clean criminal record in California is critical. Potential employers conduct a background check to review your criminal record. You will also need to have a clean criminal record to qualify for many professional licenses in California.

Who Qualifies For An Expungement In California?

Under Penal Code 1203.4, the court can expunge your felony or misdemeanor charge. However, you have to meet specific conditions before the expungement takes effect. Under the law, you must have completed your probation, whether the probation was a misdemeanor or felony probation. You must not be currently on trial or be charged with a criminal offense, or be serving a jail term.

  • What Does “Completing Your Probation” Mean In California

Under California law, you must meet all your probation conditions for the court to certify you have completed your probation. Completing your probation means paying your restitution in full, successfully attending any programs required under the probation's conditions, and fulfilling any other additional conditions the court may set. You must also have attended all your court hearings and not committed any offenses while on probation.

You Must Be Eligible To Qualify For Expungement In California

Under the law, you are not eligible for expungement if you served time in state prison. The only exception is if the judge would have sentenced you to jail instead of prison should the amendment proposition have been in effect during the ruling. In California, the law prohibits the courts from expunging your recording if you commit specific felony offenses. The charges for which the court cannot expunge your record include grievous sexual crimes you commit against children. These offenses include sodomy against a child, statutory rape, lewd acts with a child, and oral sex with a child.

Will Violating Your Probation Conditions Affect Your Qualification For An Expungement?

Under the law, you must complete your probation’s conditions to qualify for expungement. However, the judge can hold a special hearing to determine if you qualify for exponent even if you did not complete your probation or did not follow all the probation’s conditions.

Factors The Court Considers To Determine If You Qualify For An Expungement In California?

In California, the law has granted the courts broad discretion whether or not to grant your expungement petition. It is critical to enlist the services of an attorney when applying for an expungement. The judge will consider several factors when determining if they will grant your petition. Some of the factors the court considers include how well you followed the probation's conditions, the gravity of the offense, and your criminal history. Your lawyer will also present evidence that shows why you deserve the expungement. Your attorney can show the court that expungement will increase your chances of acquiring a job. An expungement will also help you support your family better. Your attorney can also state you have developed strong community ties and have reformed your ways, so you deserve the expungement.

Can You Qualify For An Expungement Even If You Served Time In A State Prison?

Although the law does not allow you to petition for expungement if you served time in state prison, you may still qualify for expungement under a specific condition. In 2011, the state passed Proposition 47 Realignment legislation. The legislation reclassified crimes in which the court can send you to county jail instead of state prison upon conviction.

Therefore, the court can consider your expungement application if the crime resulted in a jail sentence instead of a prison sentence if the proposition had been in effect during the ruling. However, you do not qualify for automatic expungement even under these conditions. The court will consider various circumstances before the court accepts your expungement application.

Under the law, you can only qualify for expungement if the court could have been sentenced you to county jail instead of state prison under proposition 47. Additionally, you must have spent two years and above out of prison. You must also not be currently under probation, serving time for a current crime, or facing charges for any crime.

The Five-Step Process You Must Follow If You Are To Qualify For An Expungement In California.

Below are the steps you must follow to qualify for an expungement in California.

  1. Hire An Experienced California Criminal Lawyer

The expungement process is a confusing and time-consuming legal process. The probability of making mistakes while filing the paperwork is high if you decide to do it independently. Therefore, it is critical to enlist the services of an experienced California criminal attorney. The attorney will ensure you fill out all the forms correctly. They will also offer guidance on any additional requirements and explain the process in its entirety. If you fill out the paperwork incorrectly, you will not qualify for expungement. Therefore, correctly filling out the paperwork is critical if you are to qualify for expungement in California.

  1. Fill Out The Expungement Petition Forms

You will need the help of your lawyer, not only to correctly fill the forms but also to file the correct forms. In California, you file different expungement forms depending on the circumstances of your particular case. Depending on your situation, your attorney will guide you on the correct forms to fill out. For example, if you have completed a summary or misdemeanor probation in California, you should file a petition to dismiss the misdemeanor charge. If you have not completed the probation, you should fill out a form to request the court to terminate the probation. If the court rejects your request to terminate the probation, you should fill out a form to petition the court to dismiss the misdemeanor charge.

Under California law, the court cannot expunge felony charges unless it first reduces the felony charges to misdemeanor charges. Usually, the judge agrees to reduce wobbler charges to misdemeanor charges. However, the court cannot automatically reduce some felony charges to misdemeanor charges even if you are filing for expungement. If you are charged with any of these felonies, you must fill out a form to request the court to reduce the felony charges to misdemeanor charges.

In California, you must fill out a different form for each offense you want the court to expunge. It is also advisable to include character references in your petition to increase your chances of qualifying for an expungement.

  1. File For The Expungement With The Court

If you had pleaded guilty or entered a no-contest plea to the offense, you must file a petition to dismiss the plea. You have to withdraw your guilty plea or no contest plea and enter a not guilty plea. If a verdict convicted you, you must request the court to set the verdict aside.

Once you have correctly filled the necessary forms, it is time to file for the expungement. In California, you must file your expungement petition with the court that heard your case. You will have to wait for five months, within which the court will respond upon filing the petition. It is critical to check the policies and fees of the court you are filling the expungement as each court has its procedures. Some courts insist you either mail or hand-deliver the expungement petition.

You must also file the petition promptly. Under the law, you must notify the prosecution of your petition fifteen days before the petition hearing. The prosecutor will review your case within the fifteen days. The law allows the prosecutor to challenge the petition within the fifteen days if they deem it necessary. Under the law, if the prosecution does not challenge the petition within this time frame, they cannot challenge it at a later date. Once you do so, you will wait for the court to issue the hearing date.

In California, the court also charges a filing fee. The amount depends on the type of charge you seek to expunge. According to the law, the less severe the charge, the lower the filing fee. Therefore, infraction expungement fees are the least expensive, while felony expungement filing fees are the most expensive.

  1. Prepare Yourself For The Hearing

You will learn of your fate at the hearing. It is critical to have your attorney present at your hearing to convince the judge to grant your expungement request. In most cases, you do not have to be at the hearing. However, your attorney must be present. Whether or not you are to appear at the hearing depends on the particular case. Your attorney will inform you if you are required at the hearing. If you are required, your lawyer will prepare you for the same. They will inform you on what to say and do during the hearing. You or your lawyer must show the court why it is in the best interest of justice to grant you the expungement.

Juries are not present during an expungement hearing. Therefore, it is solely upon the judge’s discretion to determine if you qualify for an expungement. Having a steady job, avoiding further convictions, and completing your community service requirements will significantly enhance your chances of qualifying for an expungement.

  1. Refile Or Seal The Expungement Depending On The Outcome Of The Hearing

Two things can happen after the hearing. The court can deny or grant your expungement petition. If you do not qualify for the expungement, you can file a petition after six months. However, you must rectify any areas that caused the judge to deny your expungement.

Your attorney should seal the case if you qualify for record expungement, and the judge grants your petition. When your attorney seals the case, it is no longer visible on your criminal history. You can deny having a criminal record in most cases when your record is sealed. However, you have to disclose your criminal record if you are running for a public office, applying for a state license, or you want the California Lottery commission to employ you.

Call A Los Angeles Expungement Attorney Near Me

Having a criminal record can have long-lasting effects on your personal and professional life. Employers usually check your criminal background before they decide to hire you. Many landlords also conduct a background check before they rent out their apartment. Therefore, expunging your criminal record is critical. However, you have to know how to qualify for an expungement. Involving a criminal defense attorney will increase the chances of a successful expungement petition.

If you or someone you to expunge their criminal record in Los Angeles, California, you need to employ the services of an experienced attorney on your side. An attorney will help you fill out the appropriate paperwork and correctly file the expungement petition. They will convince the judge that your expungement is in justice's best interest. At Record Expungement Attorney, we are recognized as one of the top-tier law firms in Los Angeles. Do you or your loved one need to expunge their criminal record in Los Angeles, California? Do not hesitate to contact us at 424-286-1516 for a free consultation.