How to Get Your Record Expunged in California

So you’ve paid the fine and completed probation, but your criminal conviction still appears on your record, showing up during background checks for job applications, housing, and professional licensing inquiries. But all is not lost!

Fortunately, California law allows many defendants to clear their records through a legal process called expungement. Expungement may not “erase” a criminal conviction, but it can often remedy a disqualifying history found in a background check. If you are wondering if you can or should get an expungement, here is what you need to know.

What Does “Expungement” Mean in California?

Expungement in California means the court officially dismisses a criminal conviction after you successfully complete probation. When a case is dismissed or “expunged,” three things happen:

The guilty plea or verdict is set aside
The defendant is allowed to enter a “not guilty” plea
The case is dismissed

California law then allows most people with expunged cases to legally check “no” when asked if they have been convicted of a particular offense on most job applications.

It is important to note that, while this is a game-changer for many people, an expungement does not:

Delete or destroy the case file in law enforcement records
Seal a record from all government agencies
Guarantee a person will never face certain consequences for that offense in specific professions

What is Eligible for Expungement?

Many misdemeanor cases qualify, but certain felony convictions are eligible, as well.

In general, you can get an expungement if:

You successfully completed probation
You did not serve any time in a state prison for the offense
You are not currently charged with or serving a sentence for a crime
You fully complied with all court-ordered conditions (including fines, classes, and community service)

Even defendants who violated probation at some point during the case may be eligible for expungement, depending on the circumstances of the violation.

Note: Certain offenses are not eligible for expungement, including some sex offenses involving minors.

Why Does Working With an Attorney Matter?

A knowledgeable Alameda criminal defense attorney can advise you on whether you are eligible, even if you think you are not. Below are a few frequently asked questions that our team can answer for you.

What If You Didn’t Complete Probation?

Probation is a condition of a sentence or a plea agreement, but not completing it does not always preclude eligibility for expungement. Courts have discretion to grant expungements in some cases where the defendant:

Did not finish probation (was terminated early)
Violated probation, but only for minor or technical reasons
Has since shown rehabilitation and a willingness to follow the law

Judges often look at what you have done since the date of the offense, not just your behavior during the case.

Can Misdemeanors and Felonies Be Expunged?

Misdemeanor convictions are usually easier to expunge than felonies. Felony convictions are also eligible for expungement, provided:

The felony offense is eligible
You did not serve any time in state prison for the offense
The court has no legal or compelling reason not to dismiss the conviction

In some cases, an attorney can file a motion to reduce a felony conviction to a misdemeanor, making expungement more likely and reducing the stigma if it is later discovered.

How Does the Expungement Process Work?

To many people, this process sounds easy, and it is – in theory. However, missing an important detail or completing a form incorrectly can cause delays or even result in the court denying the expungement entirely.

In general, the process for getting an expungement petition approved by the court is as follows:

Determine eligibility and review case history
Prepare the actual petition
File with the court
Serve the required notice, if needed
Appear for a court hearing (if needed)
Receive a court order granting the dismissal of the case

A court will automatically approve some petitions, while others require a hearing—especially cases in which the defendant violated probation or received a felony conviction.

How Long Does the Expungement Process Take?

Depending on the county and the case, the process can take a few weeks or a few months from start to finish.

Factors that can slow down an expungement include:

Incomplete court records
Multiple cases to review
Necessary court hearing
Unpaid fines or fees

What are the Benefits of Expungement?

Expungement enables former defendants to compete more effectively in the job market.

They also enjoy other major benefits, such as:

Better chances for approved job applications
More housing opportunities
Access to professional licenses
Reduced stigma
Peace of mind

An expungement does not “rewrite history,” but it can erase the impact that a criminal conviction may have on your life.

What an Expungement Will Not Do

When people consider expungements, they often don’t know (or they choose to ignore) the limitations. To be clear, an expungement in California does not:

Restore firearm rights
Eliminate immigration consequences
Remove sex offender registration requirements, if applicable
Prevent future use of a conviction in criminal cases

Where necessary, record sealing or other actions, such as obtaining a certificate of rehabilitation, may be available.

Can I File an Expungement on My Own?

Technically, yes, and some people do obtain an expungement without an attorney. But just because you can, doesn’t mean you should.

Do-it-yourself expungements can create problems for the filer, including:

Filing the wrong type of petition
Omitting an eligible case
Failing to address probation violations or problems
Incompleteness or errors in paperwork
Delays or denials that the attorney could have easily addressed

An experienced criminal defense attorney can review your entire record and find the legal “angle” to achieve the best outcome possible.

Why a Criminal Defense Attorney Can Help

Expungement is more than filling out paperwork; it is a legal process with its own rules, nuances, and pitfalls.

A criminal defense attorney can:

Review your eligibility across all of your cases
Make requests to reduce charges when appropriate
Craft and prepare persuasive arguments for the court
Handle all court procedures efficiently
Advocate on your behalf

Helping a client obtain an expungement is often the final step in a long legal battle, and people invest the time and effort to make it count.

Get the Help You Need From a Knowledgeable Criminal Defense Lawyer Today

A criminal record can follow you for a lifetime, and an expungement can make a world of difference. California provides opportunities for people who have completed their sentences to clear their records, so if a criminal conviction is holding you back, expungement is the next step.

Getting some answers from an experienced California criminal defense attorney can be the push you need to take that step and move forward without the weight of your past on your shoulders. Contact our office today.