Maybe you’re haunted by a past mistake. Or maybe a youthful indiscretion is keeping you from a better future through gainful employment and supporting your family and it feels like a weight on your shoulders that you can’t seem to shake. The possibility of Expungement in California: Clearing Your Criminal Record might be something to truly get excited about for a future without limits.

You might be wondering if getting a fresh start is really possible. Well, it’s certainly worth checking out so that you have your answers in place, rather than carrying the what-if’s of “Could it or could it not be?,” weighing your heart down. This guide gives you the information you need for Expungement in California: Clearing Your Criminal Record, so let’s get to it.

Table of Contents:

• Understanding Expungement in California
  • Expungement vs. Sealing Records
• Eligibility for Expungement in California
  • What Makes You Eligible?
  • What Makes You Ineligible?
  • Certificates of Rehabilitation and Governor’s Pardon
• How to Get an Expungement in California
  • Petition for Dismissal (Penal Code Sections 1203.4 or 1203.4a)
  • Petition to Seal and Destroy Arrest Records (Penal Code section 851.8)
  • Petition for Dismissal after Completion of Drug Diversion
  • Petition to Reduce Felony to a Misdemeanor and Dismiss Action
  • Petition for Rehabilitation and Pardon of a Felony (sentenced to prison)
  • Petition for Rehabilitation and Pardon of a Felony or Misdemeanor Sex Offense (sentenced to probation)
• Impact on Employment and Housing after a successfully clearing of conviction
• Understanding California’s Clean Slate Laws
  • What Convictions Can Be Cleared Under SB 731?
• Resources for Getting Help with Expungement
• Conclusion

Understanding Expungement in California

Expungement in California isn’t quite the same as completely erasing a criminal record. But it can definitely help minimize the negative effects that can ruin lives in an increasing transparent and unforgiving digital age we find ourselves in.

It involves petitioning the court to withdraw a guilty plea. The aim is to re-enter a plea of “not guilty” and get the criminal case dismissed as detailed in Penal Code 1203.4 PC. While it keeps people employed, able to volunteer for certain public duties and serve, the downside is it will never shield someone fully from potential penalties by enforcement agencies.

Expungement vs. Sealing Records

Sealing a record in California, according to Penal Code §851.91, removes a person’s arrest record. This can even include removing it from various computer record keeping systems too.

Expungement, as described under Penal Code 1203.4 PC, includes petitioning the court. But when seeking to seal records as a matter of right, the New Senate Bill 393 places the burden of proof on the prosecutor. They must prove a petitioner does not qualify.

Eligibility for Expungement in California

Who is and who isn’t qualified can be quite extensive to figure out, even for lawyers and lawyers in training, or law enforcement or the like. Misdemeanor and some felony convictions are generally eligible. So not everyone has to go through the struggles associated with how a criminal record affects your life

What Makes You Eligible?

According to California’s Penal Code § 1203.4, most misdemeanor records and even some felonies qualify. You likely are in good standing if you completed probation. Or even being successfully discharged before probation ended could make you eligible too.

In 2020, the Harvard Law Review published a study. It reported how so few eligible people even apply in the first place and this may play into new policies where judges or policies work for you behind the scenes now.

What Makes You Ineligible?

If probation wasn’t part of a sentence for a misdemeanor charge, it does not mean it can’t happen. Even those people have a path toward expungement if they make it through a year following the sentence, by fulfilling all conditions given. This comes directly from Penal Code § 1203.4a, stating who’s eligible for clearing convictions.

There are, of course, offenses that do not qualify. Here are some, but not necessarily a complete list:

• Sodomy against a child (Penal Code 280(c) PC)
• Lewd acts with a child (Penal Code 288 PC)
• Statutory rape (Penal Code 261.5(d))

Certificates of Rehabilitation and Governor’s Pardon

Those who cannot get an expungement do have some options that can help, because no one has to be held back or chained by former convictions.

One way, is to get a certificate of rehabilitation. Another possibility includes applying for the Governor’s Pardon, as indicated under Penal Code sections 4800-4813, 4852.01-4854 PC. Options still do exist.

How to Get an Expungement in California

Getting the process started requires a little bit of information first. For starters, you should really check out resources and get some help from others first if anything seems daunting.

The Orange County Public Defender’s offers help from its “Clean Slate Program.” Another good possibility is the Self-Help Center.

There are several forms to use depending on the situation and what needs to happen next, we have broken down a variety of paths that someone can take to give better clarity into what forms apply to each situation:

Petition for Dismissal (Penal Code Sections 1203.4 or 1203.4a)

For those of you that received misdemeanor and non-traffic infraction convictions. Then completing the following actions are likely best:

• Read all information shared in Information and Instructions (L-1278)
• Complete this form called the Petition for Dismissal-Penal Code Sections 1203.4 or 1203.4a.
• Also complete this form known as the Order (L-1279)

Petition to Seal and Destroy Arrest Records (Penal Code section 851.8)

If the prosecutor has not filed charges but the agency in charge denied your request, these would likely need completion to take things to court:

• The first thing to do, is to find and complete the DOJ form (BCIA 8270), bring the completed paperwork with you to that same agency. Once they’ve given you a formal decision, follow through with all forms like Information and Instructions (L-0348) and Petition to Seal and Destroy Arrest Records/Proof of Service/Order (L-0310)

Remember to contact someone for help and direction, for example The Orange County Public Defender’s office can help a great deal here. In addition to that, do consider going to Superior Court’s Self-Help Center for advice or just added peace of mind.

Petition for Dismissal after Completion of Drug Diversion

Did you complete all the details as prescribed under a diversion sentence? There are usually hearings scheduled at some point that give that official court paperwork reflecting your actions.

If you are having difficulty navigating the legal system or did not go through that legal step, this may help you: Penal Code section 1210.1 (e) (1), and reaching out to who supported your initial defense would be useful too. Completing these forms should do it:Information and Instructions (L-0113),Petition for Dismissal and Notice of Hearing (L-0118), Proof of Service of Petition and Notice of Hearing (L-0129) and Order under Penal Code Section 1210.1 (L-0136)

Petition to Reduce Felony to a Misdemeanor and Dismiss Action

For certain offenses, when defendants are charged as a Felony, there are instances it can go down to a Misdemeanor.

Getting free of Probation and jail time is going to take actions first. Also completion of any jail sentences can make it happen if eligible, too, under the: Penal Code section 17(b), section 1203.4). When ready, it helps to read up on it, and be ready with any questions with Orange County’s legal assistance team.

Here are the forms associated to taking steps in this instance:Petition for Dismissal-PC 17(b) and 1203.4 (CR-180),Order for Dismissal (CR-181)

Those that got court orders that are part of Penal Code 1203.3 to complete terms on probation or things that the courts have asked them to, might still make it happen, too.

Petition for Rehabilitation and Pardon of a Felony (sentenced to prison)

Did you find yourself on the opposite side of things while going through all this process so far and do not qualify yet? Even people charged with Felonies may qualify.

When faced with completing time in prison as part of that final court decision, can get help from people dedicated to clearing convictions: Public Defender. Make sure you have reviewed each item needed prior and fully filled it all out.

Here’s more information for filling that out if this speaks more to the sentence given: Penal Code section 4852.01 and these forms too: Information and Instructions (L-0799), How to Apply for a Pardon, Petition for Certificate of Rehabilitation and Pardon Instructions(L-0800), Petition for Certificate of Rehabilitation and Pardon (L-0408.1), Notice of Filing Certificate of Rehabilitation and Pardon (L-0409), Proof of Service of Petition and Notice (L-0801) and Certificate of Rehabilitation (L-0410.2)

Petition for Rehabilitation and Pardon of a Felony or Misdemeanor Sex Offense (sentenced to probation)

Convictions associated to a misdemeanor of Penal Code 290 where those involved have a probation term, is very detailed.

First consider and be fully committed to all requests given, and it still is quite important. So much is possible for everyone by putting yourself into position with a: Petition for Dismissal under Penal Code section 1203.4.

Impact on Employment and Housing after a successfully clearing of conviction

You might feel concerned that a conviction makes landlords immediately look at other prospective applicants and employers only focusing on former issues too, rather than looking at the better person you have committed to now and beyond. Some companies, recently, have shown a willingness to hire people with prior records.

Some policies, like “Ban the Box” intend to protect people during the application phase when seeking opportunities, so employers, cannot question their background until much later in the hiring phase.

Research has indicated some drawbacks in people who face discrimination, this can lead to issues even where policies or actions support applicants during their new direction to better employment situations and their life with. One source indicates some may experience discrimination in other ways based on race for example (instead discriminated on the basis of race) after that person successfully petitioned their conviction.

Understanding California’s Clean Slate Laws

In California, laws do change occasionally with policy aimed toward automatically qualifying. With Senate Bill 731 becoming law, this gives even more ways for a brighter, more successful future, but not for everyone though.

What Convictions Can Be Cleared Under SB 731?

With this new bill, some may not have to petition for the removal, since that goes in automatically with this recent development and Senate Bill 731.

Most felonies fall into the range of what this covers, this includes offenses typically labelled violent or those in the “violent crimes” classification.

However, do keep in mind too, if the Department of Education or Enforcement agencies want more clarity from your situation, do expect their requests for you and any new opportunities you may be considering will always take those details fully into consideration at every step of the way to making your better path and opportunities today. Here is some General Information and some locations with resources, so take advantage. Some services do change at certain points each year or so.

Resources for Getting Help with Expungement

Navigating what exactly happens in cases, sentences and terms in courts may lead you down paths that require a lot of decisions along the way too.

Consider getting legal representation as early as possible when navigating it all. Here is a table to give clarity to how the court system in Orange County, CA is organized so you find a clear idea of their capabilities, that you feel at ease when starting.

Court Departments in Orange County, California	Responsibilities Include
Civil Case Access	Civil Cases where disputes exist, where no jail term exists, such as car crashes, landlord problems and breach of contracts
Criminal & Traffic Cases	Criminal matters such as murder or burglary to Traffic and things where it may carry jail time with various types of traffic issues and various driving issues.
Family Law Case Access	Adoptions or various Child or Custody Issues
Probate Case Access	Those where there is estate planning that exists to various estates or probate concerns when estates may have limited financial means to address it
Small Claims Case Access	Cases where disputes in a value or issue arise in smaller amount or limited situations with certain financial limits placed

Conclusion

The journey for a brighter path starts when people seek clearing their prior mistakes or crimes. Expungement in California: Clearing Your Criminal Record opens many paths ahead for people when navigating employment, renting places, or qualifying in the process.

It gives the opportunity to shed past convictions that no longer reflect the person. The details shared here provides much, including resources or the help you or others may qualify for when dealing with the Expungement in California: Clearing Your Criminal Record, to getting back things that keep your path successful too. It all depends though too.

Some policies limit those in employment where things need the consideration by people that help hire to make the difference too, as shared from research and a source called: 2021 California appellate court decision. The new laws give much, even automating things, where judges do work behind the scenes to truly give opportunities that will get taken full advantage of, too. Do understand all implications associated with an criminal record.

Title: Expungement in California: Clearing Your Criminal Record