Having a criminal record can have far-reaching consequences, affecting everything from employment opportunities to housing options and personal relationships. In California, expungement offers a path to clear or seal your criminal record, providing individuals with a chance to move forward and rebuild their lives. As a former prosecutor now working as a criminal defense attorney with the Lamano Law Office, I’m well-versed in the expungement process and how it can help those who have been convicted of a crime.
In this blog post, I’ll walk you through what expungement is, the process involved, and how it can positively impact your life after a conviction.
What Is Expungement?
Expungement, also known as “record clearance” or “sealing of records,” is a legal process that allows individuals to remove or reduce the visibility of their criminal record. In California, expungement means that the court will dismiss the conviction, effectively treating it as though it never occurred in the eyes of the law.
Key Benefits of Expungement:
- Enhanced Employment Opportunities: Many employers conduct background checks and may be hesitant to hire individuals with criminal records. Expunging your record can make it easier to secure employment.
- Improved Housing Prospects: Landlords often review criminal history before renting to a tenant. An expunged record can improve your chances of obtaining housing.
- Restored Rights: Expungement can restore certain rights that may have been lost due to a conviction, such as the right to serve on a jury or hold public office.
Eligibility for Expungement
Not everyone is eligible for expungement, and specific criteria must be met. In California, the general eligibility requirements include:
Completion of Sentence
You must have completed all terms of your sentence, including probation, parole, and payment of fines or restitution. If you are still on probation or have outstanding fines, you typically need to resolve these issues before applying for expungement.
Conviction Type
Expungement is generally available for misdemeanors and certain felonies. However, some serious offenses, such as those involving violent crimes or sex offenses, may not be eligible. For felonies, you may need to have your conviction reduced to a misdemeanor before seeking expungement.
No Pending Charges
You cannot apply for expungement if you have pending criminal charges or are currently on probation or parole.
Completion of Sentence
You must have completed all aspects of your sentence, including probation, parole, and payment of fines or restitution. If you have any outstanding legal obligations, you may need to address those before applying for expungement.
The Expungement Process in California
The process for expunging a criminal record in California involves several steps:
Review Your Criminal Record
Before applying for expungement, review your criminal record to ensure that you meet the eligibility requirements. You can obtain a copy of your criminal record from the California Department of Justice or your local law enforcement agency. This will help you determine which convictions may be eligible for expungement.
Gather Necessary Documents
Collect all relevant documents related to your conviction, including court records, probation reports, and proof of completed sentences. These documents will be needed to support your expungement application and demonstrate that you have fulfilled all legal requirements.
File a Petition for Expungement
To begin the expungement process, you must file a petition with the court where you were convicted. The petition includes:
- Form CR-180: Petition for Dismissal
- Form CR-181: Order of Dismissal
These forms are available on the California Courts website or from the court clerk’s office. You’ll need to provide detailed information about your conviction, sentence, and any subsequent legal obligations.
Attend a Court Hearing (if Required)
In some cases, a court hearing may be required to review your petition for expungement. During the hearing, you may need to present evidence and arguments supporting your eligibility for expungement. The judge will review your petition and make a decision based on the information provided.
Obtain the Court’s Order
If your petition is granted, the court will issue an Order of Dismissal, formally expunging your conviction. This order will be sent to relevant agencies, including law enforcement and background check companies, to update your record.
Follow Up
After obtaining the expungement order, follow up to ensure that your record has been updated accordingly. This may involve contacting background check companies or other relevant agencies to verify that your record has been cleared.
Special Considerations for Expungement
Reduction of Felony to Misdemeanor
For individuals with felony convictions, it may be necessary to first seek a reduction of the felony to a misdemeanor before applying for expungement. This process involves filing a motion with the court to have the felony conviction reduced. Once reduced, you can proceed with the expungement process for the misdemeanor conviction.
Probation and Parole Violations
If you violated the terms of probation or parole, you may need to address these violations before applying for expungement. It’s important to resolve any outstanding legal issues to improve your chances of a successful expungement.
Sex Offender Registration
Certain convictions related to sex offenses may require registration as a sex offender, which may affect eligibility for expungement. If you are required to register, consult with a legal professional to understand your options and eligibility for expungement.
Moving Forward with Expungement at Lamano Law Office
At Lamano Law Office, we understand the profound impact a criminal record can have on your life. As lawyers with extensive experience, we are committed to helping individuals navigate the expungement process and achieve a fresh start.
If you are considering expungement or have questions about your eligibility, our team is here to provide guidance and support. We can help you gather the necessary documents, file the appropriate forms, and represent you throughout the expungement process.
Contact Lamano Law Office today for a consultation. Let us assist you in clearing your criminal record and opening doors to new opportunities. A brighter future is within reach, and we’re here to help you every step of the way.
