Expunging a felony conviction can be a transformative step towards a fresh start and reintegration into society. The process of expunging a felony is a legal avenue that can give you the opportunity to overcome the stigma associated with past mistakes and regain various civil rights. This guide will walk you through the essential considerations, eligibility criteria, legal procedures, and potential benefits involved in obtaining a felony expungement.

Understanding Felony Expungement

Felony expungement is essentially a legal procedure that aims to give individuals with felony convictions a fresh start by dismissing or setting aside their convictions. While the record is not completely erased, it's altered to reflect that the conviction has been dismissed, which can offer significant relief when it comes to disclosing criminal history to potential employers, landlords, or other parties.

Steps to Get a Felony Expunged in California

Below is a step-by-step guide outlining the process of filing a petition for felony expungement in California.

  1. Understand Eligibility Criteria

Not all felonies are eligible for expungement in California. Generally, you must have completed your probation term, paid all fines, restitution, and fees, and not be currently facing any criminal charges. Certain offenses, such as sex crimes involving minors or serious violent crimes, may not be eligible for expungement.

Eligibility Criteria for Felony Expungement in California

Here are the key factors that determine whether an individual qualifies for felony expungement in California.

Completion of Sentence

A fundamental requirement for felony expungement in California is the completion of the sentence. This encompasses serving any jail or prison time, fulfilling probation or parole conditions, and paying all fines, fees, and restitution ordered by the court. The completion of the sentence indicates an individual's commitment to fulfilling their obligations to the criminal justice system.

Good Behavior and Rehabilitation

California courts place a strong emphasis on rehabilitation and good behavior. Individuals seeking expungement must demonstrate that they have reformed and are leading law-abiding lives. This can include holding steady employment, participating in community service, completing educational programs, and avoiding subsequent criminal activity.

Waiting Periods

California imposes waiting periods before an individual can apply for felony expungement. The length of these periods depends on the nature of the offense and the type of conviction. During this time, the individual must uphold a clean record and adhere to any conditions set by the court or parole/probation officer. Waiting periods reflect the court's interest in ensuring long-term rehabilitation.

No Current Charges or Convictions

Eligibility for felony expungement necessitates the absence of ongoing criminal charges or recent convictions. This requirement underscores an individual's dedication to lawful behavior and a genuine desire to reform.

Case-Specific Eligibility

Certain felony convictions are not eligible for expungement in California. Serious offenses such as violent crimes, sex offenses, and some other specific categories might not meet the criteria for expungement. Case-specific eligibility criteria reflect the state's intention to balance rehabilitation opportunities with public safety concerns.

Compliance with Probation or Parole Terms

Successful completion of probation or parole is a common prerequisite for felony expungement eligibility. This underscores an individual's ability to adhere to court-ordered conditions and rehabilitate themselves within the parameters set by the legal system.

Felonies Eligible for Expungement in California

Below are some of the felonies that can generally be expunged in California:

Non-Serious and Non-Violent Felonies

A significant number of non-serious and non-violent felony convictions are eligible for expungement in California. These felonies are often related to property crimes, white-collar offenses, and other offenses that do not involve violence or significant harm to others.

Felonies Requiring Probation Instead of Prison Time

Felonies, where individuals were granted probation rather than being sentenced to state prison, are commonly eligible for expungement. This includes cases where the sentence involves probation, community service, or other alternative forms of punishment.

Felonies Resulting in Complete Sentences

Felonies for which individuals have completed their entire sentences, including probation or parole, are generally eligible for expungement. Completion of the sentence is a crucial indicator of an individual's rehabilitation and commitment to lawful behavior.

Felonies Resulting in Reduced Charges

In some cases, individuals convicted of felonies that were later reduced to misdemeanors under California's Proposition 47 or Proposition 64 may be eligible for expungement. These propositions aim to correct the disproportionate impact of certain convictions.

Felonies Eligible for Reduction to Misdemeanors

Felonies that can be reduced to misdemeanors under California law may also be eligible for expungement. Reducing a felony to a misdemeanor can pave the way for expungement, leading to reduced penalties and a fresh start.

Felonies Resulting in Diversion Programs

Individuals who participated in diversion programs, such as drug treatment programs or deferred entry of judgment, as part of their felony conviction may be eligible for expungement upon successful completion of these programs.

Convictions Eligible for Certificates of Rehabilitation

While not a direct form of expungement, certain felony convictions can make individuals eligible for a Certificate of Rehabilitation. This legal recognition can provide benefits similar to expungement, even for some serious felonies.

  1. Consult with an Attorney

Before proceeding with the expungement process, it's recommended to consult with an experienced attorney who specializes in criminal record expungement. A knowledgeable attorney can provide tailored guidance, assess your eligibility, and ensure that your petition is properly prepared, increasing your chances of a successful outcome.

  1. Obtain Necessary Documents

Gathering the required documents is a crucial step in filing a petition for felony expungement. Collect the following documents:

  • Case Information — Gather details about your conviction, including case number, date of conviction, and the court where the conviction occurred.
  • Proof of Completion — Obtain documentation verifying your completion of the sentence, which includes serving jail or prison time, probation, parole, fines, fees, and restitution.
  • Character References — Secure letters from employers, community members, or other individuals who can attest to your rehabilitation and good character.

  1. Complete the Necessary Forms

California provides specific forms for expungement petitions, typically available on the official website of the California courts. The key forms include:

  • Form CR-180 (Petition for Dismissal) — This form initiates the expungement process and provides the court with the necessary information about your case.
  • Form CR-181 (Order for Dismissal) — This form, once granted by the court, authorizes the expungement and updates your criminal record.
  • Form CR-183 (Declaration in Support of Petition for Dismissal) — This form allows you to detail your rehabilitation efforts and demonstrate your eligibility for expungement.

  1. Prepare Supporting Documentation

When assembling your supporting documentation, begin by identifying the types of documents that best showcase your progress since your conviction. These might include certificates of completion for probation or rehabilitation programs, character references, employment records, educational achievements, community service records, and any other relevant materials that highlight your positive endeavors. Note that When it comes to supporting documentation, accuracy, and completeness are paramount. Each piece of evidence you present should be a true reflection of your accomplishments and efforts. Any inaccuracies or inconsistencies can undermine your credibility and the strength of your case.

  1. File Your Petition

Once you've completed your expungement petition and assembled your supporting documents, it's time to take the next step: filing your petition with the clerk of the court where your conviction occurred. This action initiates the official legal process, signaling your intention to seek a dismissal of your conviction. Visit the courthouse in person or check the court's website to understand the specific requirements for filing your petition. Ensure that you have all the necessary documents and that they are correctly filled out. Pay attention to any filing fees that may be required, as these fees can vary depending on the court.

  1. Serve Notice to Relevant Parties

When filing an expungement petition, relevant parties include the prosecution and any other entities or individuals directly impacted by your case. While the specifics can vary depending on the nature of the conviction and the legal requirements in your jurisdiction, serving notice ensures that all relevant stakeholders are informed of your intent to seek expungement.

  1. Attend Court Hearings (if required)

In some cases, the court may require a hearing to review your expungement petition. Your attorney can guide you through the hearing process, help you prepare your case, and advocate on your behalf.

Possible Felony Expungement Hearings in California

Here are the potential felony expungement hearings you might encounter in California

Formal Hearing

A formal felony expungement hearing in California involves presenting your case before a judge in a structured courtroom setting. During this hearing, you and your attorney will present evidence of your rehabilitation, good behavior, and contributions to society since your conviction. This type of hearing allows you to address any opposition or concerns raised by the prosecution, providing you with an opportunity to advocate for your second chance.

Informal Hearing

An informal felony expungement hearing, also known as a "paper hearing," doesn't require your physical presence in the courtroom. Instead, your attorney submits written arguments and evidence to the court on your behalf. The judge reviews these materials and makes a decision based on the information presented. Informal hearings are typically used for cases where there's little opposition or controversy, and the judge's decision relies primarily on the documentation provided.

Opposition from Prosecution

In some cases, the prosecution might oppose your expungement petition, believing that your conviction should remain on your record. If the prosecution raises objections, a hearing might be scheduled to allow both parties to present their arguments. During this type of hearing, you and your attorney will counter the opposition's points, demonstrating why expungement is appropriate and explaining how you've met the eligibility criteria.

Hearing for a Certificate of Rehabilitation

In California, individuals who are not eligible for standard expungement might pursue a Certificate of Rehabilitation as an alternative route to demonstrate their rehabilitation. While this isn't an expungement hearing per se, it is a separate legal process that can lead to reduced registration requirements for certain sex offenses. A hearing for a Certificate of Rehabilitation involves presenting your case before a judge and requesting an official certification of your rehabilitation efforts.

Juvenile Expungement Hearing

For individuals seeking to expunge juvenile records in California, a separate set of procedures apply. Juvenile expungement hearings focus on sealing or destroying records of juvenile offenses, allowing individuals to move forward without the burden of their past mistakes. The process involves submitting a petition and attending a hearing to demonstrate why the expungement is warranted.

Determining the Type of Hearing

The type of felony expungement hearing you'll encounter in California depends on factors such as the nature of your case, whether the prosecution opposes your petition, and the specific eligibility criteria you meet. Your attorney will help you understand which type of hearing is most suitable for your situation and guide you through the necessary preparations.

  1. Await Court Decision

After the expungement hearing or review process, your case is in the hands of the legal system. You've provided evidence of your rehabilitation, your commitment to change, and your dedication to leading a law-abiding life. Now, it's up to the judge to weigh these factors and determine whether you qualify for the fresh start you've been seeking. After the waiting period, the court's decision is delivered.

If your expungement petition is granted, the judge will issue an order for dismissal. The judge's decision reflects their recognition of your efforts to turn your life around, your remorse for past mistakes, and your dedication to creating a better future.

  1. The Order for Dismissal

Upon the court's decision to grant your expungement petition, a tangible change occurs in your criminal record. An order for dismissal is issued, updating your record to reflect the dismissal of the conviction. While the initial conviction isn't erased, it is marked as dismissed—a crucial distinction that can significantly impact how others perceive your past. This alteration can be pivotal when you're applying for jobs, seeking housing, or endeavoring to secure loans or other opportunities.

What Could Make a Person Ineligibility for California Felony Expungement

California law outlines specific criteria that determine who is not eligible to pursue expungement. Those ineligible include:

Individuals Currently Serving Sentences

If you are currently serving a sentence for any offense, whether it's related to the conviction you wish to expunge or another matter, you are generally not eligible for expungement. Completion of your entire sentence, including probation or parole, is a fundamental requirement for expungement eligibility.

Convictions Involving Serious Offenses

Certain serious offenses are excluded from expungement eligibility. These offenses typically include violent crimes, sex crimes against minors, and other offenses that carry significant penalties. These exclusions are designed to prioritize public safety and prevent individuals convicted of severe crimes from having their records cleared.

Multiple Felony Convictions

Individuals who have multiple felony convictions may face limitations in their eligibility for expungement. Convictions that resulted in prison sentences or that occurred within a short time frame of each other might pose challenges for expungement.

Pending Criminal Charges

Individuals who are currently facing criminal charges are not eligible for expungement. The expungement process assumes that the individual has fully resolved their past legal issues and is committed to lawful behavior.

Offenses Involving Moral Turpitude

Convictions involving "moral turpitude," which refers to offenses that involve dishonesty, fraud, or malicious intent, can impact your eligibility for expungement. The court may take into consideration the nature of the offense and whether it aligns with the principles of rehabilitation.

Probation Violations

If you violate the terms of your probation, your eligibility for expungement may be compromised. Probation violations can signal a lack of commitment to rehabilitation and adherence to the law.

Frequently Asked Questions on Felony Conviction Expungement

Below are some of the frequently asked questions and answers on how to get a felony expunged:

Can I Expunge Multiple Felony Convictions?

Multiple convictions may impact eligibility, especially if they occurred within a short timeframe or resulted in prison sentences. Consultation with an attorney can clarify your situation.

How Long Does the Process Take?

The timeline varies based on factors such as court availability and the complexity of your case. It can take several months from filing the petition to receiving a decision.

Will My Conviction Completely Disappear from My Record?

No, the conviction is marked as dismissed but not erased. Certain government agencies and law enforcement may still have access to this information.

Do I Need an Attorney for Felony Expungement?

While it is possible to pursue expungement without an attorney, seeking legal advice is highly recommended. Attorneys with expertise in criminal record relief can navigate the complexities, provide guidance, and increase your chances of success.

What is The Lifespan of Your Criminal Record After Expungement?

Expungement doesn't completely erase your criminal record but rather marks your conviction dismissed.

What Benefits Can I Expect After Expungement?

Expungement opens doors to improved employment prospects, housing opportunities, and personal growth. It can also restore certain rights like voting and boost your confidence

Find a Los Angeles Criminal Defense Attorney Near Me

Whether you're seeking expungement for yourself or a loved one, it is important to seek help from legal professionals who specialize in criminal record expungement. At The LA Criminal Defense Law Firm, we are committed to providing personalized guidance and support throughout the expungement process. Get in touch if you need an expungement attorney in the Los Angeles area by calling 310-935-1675.