Expungement and criminal record sealing in California provide individuals with a legal means to clean their criminal records and regain a fresh start in life. Expungement is a process under the California Penal Code § 1203.4, where qualified individuals can petition a court to have their guilty or no contest plea withdrawn, enter a not guilty plea, and ultimately have their case dismissed. This process releases the individual from virtually all penalties and disabilities associated with misdemeanor or felony convictions.
California has taken further steps in its effort to help those with criminal records by introducing new laws like the Clean Slate Act (AB 1076), which automatically seals certain criminal records after specified periods. This act aims to remove barriers for those who have paid their dues and demonstrate responsible behavior post-conviction. Criminal defense lawyers in California play a crucial role in assisting individuals in navigating these complex legal processes and ensuring their rights are protected.
It is essential to understand the eligibility criteria, procedures, and long-term benefits of expungement and criminal record sealing in California. A knowledgeable attorney can help guide individuals through the process and provide the necessary information to make informed decisions about their options for clearing their criminal record and moving forward in life.
Understanding Expungement in California
Eligibility for Expungement
In California, expungement allows individuals to withdraw a plea of guilty or no contest, re-enter a plea of not guilty, and have the criminal case dismissed. Expungement is available for those with misdemeanor or felony convictions. To be eligible, an individual must have successfully completed probation, paid all fines and restitution, and not be currently charged with a crime.
The Expungement Process
When seeking expungement of a criminal record in California, the individual needs to file a petition with the court where they were convicted. The process involves the following steps:
- Obtain necessary forms and case information
- Complete the forms, including a declaration stating the reasons for seeking expungement
- File the petition with the court and serve a copy on the prosecuting agency
- Attend a hearing, if required
If the petition is granted, the court will allow the individual to withdraw their guilty or no contest plea, enter a not guilty plea, and have the case dismissed. This releases them from virtually “all penalties and disabilities” associated with the conviction.
Limitations of Expungement
Although expungement provides relief from many consequences of a conviction, it does not erase the conviction completely. Some limitations of expungement include:
- Expunged convictions may still be considered as prior convictions for sentencing purposes in future cases.
- Expunged records may still appear on some background checks, depending on the agency conducting the check.
- Convictions that are expunged may still affect certain professional licensing, or disqualify individuals from holding public office.
In addition to expungement, California also offers record sealing as another option for individuals to clear their criminal records. Sealing a record is specifically tailored for scenarios where an individual has not been convicted. Sealed records are generally destroyed after 3 years.
Impact and Benefits of Expungement
Employment Opportunities and Licensing
Expungement has a significant impact on employment opportunities and obtaining professional licenses. By clearing a criminal record, ex-offenders are more likely to secure job offers without facing discrimination based on their past. Furthermore, expungement may help in obtaining professional licenses like those required for health care, engineering, or education professionals, which can be difficult to acquire with a criminal history.
- Rehabilitation: Expungement promotes rehabilitation by incentivizing ex-offenders to reintegrate into society, pursue career goals, and become self-sufficient.
- Reduction of Collateral Consequences: Expungement reduces the collateral consequences that come with a criminal record, including barriers to employment, licensing, and other penalties and disabilities.
Housing and Real Estate
Expungement directly impacts ex-offenders’ access to housing and real estate opportunities. A criminal conviction can create obstacles to securing stable housing, as landlords may be hesitant to rent to individuals with a criminal past. Expungement often removes these barriers:
- Improved Access: The sealing or clearing of criminal records makes it easier for ex-offenders to pass background checks by potential landlords and property managers.
- Decreased Discrimination: Expungement can help combat housing discrimination, as ex-offenders can legally claim that they have not been convicted of a crime when their records are expunged or sealed.
Restoration of Rights
Another critical benefit of expungement is the restoration of rights that were lost due to the criminal conviction. This process can include:
- Voting Rights: In some cases, the expungement process can restore the right to vote for individuals who lost that right due to a felony conviction.
- Firearm Rights: Depending on the jurisdiction and the nature of the conviction, expungement may help eligible individuals regain the right to own or possess firearms.
The expungement of criminal records significantly impacts and benefits individuals by providing them with greater opportunities in employment, housing, and the restoration of important rights. This process helps ex-offenders reintegrate into society and promotes rehabilitation towards a more productive life.
In Conclusion
The process of clearing one’s criminal record in California involves two main options: expungement and sealing. Expungement, as outlined in California Penal Code § 1203.4, primarily focuses on releasing individuals from the penalties and disabilities associated with past misdemeanors and felonies. It essentially grants a fresh start by allowing the person to withdraw a prior guilty or no-contest plea and dismiss the case. This can be instrumental for individuals seeking employment or facing other life challenges.
On the other hand, sealing a criminal record under California’s Penal Code section 851.91 generally applies to cases where no conviction occurred. This includes scenarios when charges were never filed, or cases were dismissed. Sealing a record restricts access to it, offering more privacy and minimizing the impact of an arrest on a person’s life.
Recent legislature like the Clean Slate Act (AB 1076) and SB 731 have made specific changes to the expunging and sealing process in California. For instance, the Clean Slate Act ensures the automatic seal of certain court records, while SB 731 allows for the sealing and destruction of felony records in most cases.
Individuals seeking to improve their circumstances by sealing or expunging their records must carefully consider their eligibility and the specific steps required for each process. Ultimately, expungement and sealing offer opportunities for individuals with criminal records to move forward with their lives in a more positive and productive manner.
Author: This post was contributed by Anwesha Mukherjee, a Digital Media Publisher and freelance writer. She has been working in the publishing industry for over 7 years now, holding various positions at different publishing houses across India. Her work experience includes managing marketing campaigns, content development and website maintenance for various industries including healthcare, IT, Law, finance and education.