California Expungement Law Explained

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Background checks for employment, professional licensing, college admission and financial aid, or even renting an apartment are now commonplace, and an expungement helps ensure success in these undertakings. Many of people seek expungement for these reasons, but a large number get their records expunged for peace of mind and for closure on a past mistake.

California misdemeanor and felony criminal records can usually be expunged. Once relief has been granted, you can honestly answer "no" to a question regarding criminal convictions in many circumstances.

Several other types of remedies in California such as: sealing of diversion or juvenile records, early termination of probation, DUI expungement, or reduction of a felony conviction to misdemeanor status are also available.

California Expungement law (Penal Code Section 1203.4) provides in part:

"[Petitioner shall]...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided..." (Emphasis added)

Does an Expungement erase all records and destroy the Court file?

No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordered dismissed and set aside by the Court. It does not remove all records of the case, nor does it make the conviction 'invisible' to background checks.

What exactly is an Expungement in California, then?

A California expungement is a legal process that petitions the Court to review a conviction to determine:

If probation was successfully completed, or, if no probation was granted, a year has passed since the conviction;

That all fines, restitution and reimbursement ordered by the court has been paid;

That the petitioner is not now on probation for another offense;

That the petitioner has no new pending cases;

The Court then allows the petitioner to withdraw their plea or finding of guilt, enters a "not guilty" plea, and orders the case dismissed.

What doesn't a California Expungement do?

You will not be allowed to own or possess a firearm until you would otherwise be able to do so.

Your dismissed conviction can still be used to increase your punishment in future criminal cases, if the offense is "priorable"- such as a DUI or theft offense.

An expungement will not relieve you of your duty to register as a sex offender.

Why Expunge my record?

There are a number of reasons to do so such as employment or licensing. However, many, many people want to expunge their record as final "closure" on an old mistake- just for peace of mind.

Please be aware this article is NOT a comprehensive analysis of all expungement law, or of all types of remedies that may be available to you. This is not legal advice, and a consultation with an Attorney is always recommended on any legal matter.

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