California Expungements

Over the decades thousands of Californians have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include yourself, your family members, neighbors and friends. Law enforcement agencies keep a record of all arrests and convictions, some dating back as far as 30 years. Under the law, you can now have old arrests and past criminal convictions erased from public records and police folders under certain instances.

Procedures require a formal motion or petition be submitted to the Superior Court in the county in which your conviction was entered. The motion must be accompanied by a declaration from you stating that all of the operative terms of the relevant expungement or rehabilitation statute have been met. Additionally, a proposed order for the court must also be prepared in the proper format.

After the necessary documents are prepared, the motion must then be filed with the court clerk. The clerk then sets a date for the hearing of the motion. A copy of the motion must also be legally served on the district attorney for that same county, and often on the probation office as well.

At the hearing, the judge will consider the facts and circumstances and make his or her decision as to whether or not you qualify for expungement, or for a certification of rehabilitation (felony cases). Assuming you meet the qualifications of the statute, the law mandates that the judge must grant your motion.

Depending upon which county the motion is filed in, this process may take anywhere between 25-60 days.

Once the expungement order is issued by the court, the court forwards the order to the Department of Justice who then takes the affirmative step of clearing your record. It may take the DOJ 3-6 months to actually do this after the expungement order is received.

For Felony or Misdemeanor Convictions In Which The Defendant Is Placed on Probation

Under California Penal Code Section 1203.4, a person must be released from penalties and disabilities resulting from conviction in any case in which the person has been granted and successfully completed probation, by either fulfilling the conditions of probation for the entire period, which includes specifically the full payment of restitution or fines imposed as a condition of probation, or being discharged before the end of the probation period. The court has discretion to do so in the interests of justice in other probation cases. The court does not have discretion to do so if the defendant served a sentence in prison on a felony conviction, or if the defendant was found not guilty by reason of insanity.

An applicant is not eligible for expungement if he or she is serving a sentence or is on probation for any offense, or if he or she is charged with the commission of a crime. Certain sex offenses, certain misdemeanor provisions of the Vehicle Code, and infractions are exempt from this rule. The burden is on the applicant to prove that the probation requirements have been fulfilled, unless he or she has previously been relieved from probation restrictions.

If you believe that you qualify, click here now to apply online with complete confidentiality.

For Misdemeanor Convictions In Which The Defendant Is Not Placed on Probation

Under California Penal Code Section 1203.4a, every misdemeanant must be released from penalties and disabilities of an offense when, for one year from the date judgment is pronounced, he or she has fully complied with and performed the sentence, lived an honest and upright life, and conformed to and obeyed the law. The court must release the person even if he or she has committed a new crime after the one-year period. However, the person may not be serving a sentence for any other offense nor be charged with a new offense.

Under Penal Code Section 1203.4a, a misdemeanant is not allowed to petition for a certificate of rehabilitation as is allowed under Penal Code Section 1203.4.

If you believe that you qualify, click here now to apply online with complete confidentiality.