Expungements

Expungements are one of clean slate services that I offer as an attorney. Here is some useful information about the process.

In California, expungement refers to the legal process of removing a criminal conviction from a person's criminal record. An expungement allows a person to petition the court to withdraw their guilty plea and have the case dismissed. This can significantly improve someone's life by removing barriers to employment, housing, and other aspects of daily life.

Key Points about Expungements in California:

1. Eligibility:

   • Misdemeanors: Many misdemeanor convictions can be expunged, provided the person has completed all terms of the sentence (such as probation, fines, or classes).

   • Felonies: Some felony convictions can also be expunged, but there are additional steps. The charge is first reduced to a misdemeanor prior to expungement. However, certain serious crimes like violent crimes or crimes requiring mandatory registration as a sex offender may not be eligible for expungement.

2. Process:

   • To seek an expungement, the individual, or their attorney, usually files a petition with the court.

   • The petition includes information about the case and sometimes information about the defendant’s rehabilitation efforts, such as proof of completion of any terms of probation, rehabilitation programs, or a clean record since the conviction.

   • A judge reviews the petition, and if granted, the conviction is "dismissed" in legal terms, but it does not mean the record is erased.

3. Outcome:

   • After an expungement, the person can, in most cases, legally say they were not convicted of the crime, and the conviction will not show up on most background checks.

   • Expungement does not fully restore all rights or remove the record in every circumstance. For example, some government jobs, firearms rights, or certain professional licenses may still be affected, even after expungement.

If you have questions and would like to schedule a free 30-minute consultation with Davis, call or email him directly: (916)761-8049 or Davis@dwhlo.com.

Hope to hear from you!