Eligibility for Expungement
To qualify for an expungement in California:
- You must have completed all terms of your sentence, including probation, fines, restitution, and community service.
- You cannot currently be charged with, on probation for, or serving a sentence for any other criminal offense.
- Certain crimes, such as serious, violent, or sex offender crimes are not eligible for expungement.
Benefits of Expungement
- The conviction is dismissed, and you can legally state in most circumstances that you were not convicted of the offense.
- It may enhance job prospects, as many employers cannot discriminate based on expunged records.
- It can improve housing opportunities, as landlords often perform background checks.
Limitations of Expungement
- Expungement does not restore firearm rights if they were revoked due to the conviction.
- It does not remove the conviction from law enforcement or court databases.
- Federal and immigration consequences may still apply.
The Expungement Process
- Filing a Petition: You or your attorney must file a petition with the court in the county where the conviction occurred.
- Court Review: The court reviews the petition to determine eligibility and may hold a hearing.
- Judge's Decision: If approved, the court will issue an order granting the expungement.