What is expungement?
Expungement is a legal process by which a conviction or plea of guilty or no contest in a criminal case is set aside and the case is dismissed. It can relieve the defendant of certain penalties and disabilities that result from a criminal action, including some employment-related consequences.
How expungement affects a criminal record
In California, expungement is a legal process that may allow a person to obtain dismissal of a qualifying conviction. The record itself is not physically destroyed or permanently sealed. The effect of relief on background checks and disclosure duties depends on the law, the requesting agency, the job, licensing requirements, and the person’s specific history.
Why seek expungement?
Many clients decide to clear their criminal records for the peace of mind it can bring. Relief can positively affect employment, financial, housing, personal, and professional opportunities. With online background checks playing a larger role in everyday life, record-clearing relief can also help address damage to a person’s reputation.
Do I qualify for expungement?
Expungement may be available for many drug offenses, white-collar crimes, certain felony offenses, misdemeanors, and other cases. Eligibility is decided individually. Certain serious offenses are excluded.
The archived page explained that eligibility commonly depends on whether the person has completed the sentence and probation and whether the person is currently charged with, serving a sentence for, or on probation in another criminal matter. Even when probation was not completed perfectly, relief may still be possible in some cases.
1. Verify eligibility
The first step is to review the conviction, sentence, probation history, custody history, current cases, and any statutory exclusions.
2. Prepare and file the petition
Once eligibility is evaluated, the necessary information is gathered so the petition and supporting papers can be properly prepared and filed with the court.
3. Present the request
The firm can represent the client at the hearing and explain why the court should grant the requested relief and allow a fresh start.
4. Understand what relief does—and does not—do
A dismissal does not erase every government record or eliminate every disclosure duty. The effect must be evaluated for the client’s employment, licensing, immigration, firearm, and other circumstances.
California record-clearing law has changed since the archived page was published. Eligibility and the effect of relief must be evaluated under current law and the individual record.
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The Law Offices of Mark Anthony Raimondo are available 24/7 at 661-827-8000.