What is Expungement?
An expungement allows a defendant to tell employers and landlords that they have never been convicted of a crime. If granted, the Court sets aside the conviction or withdraws the guilty plea and dismisses the charges. Some charges cannot be expunged (see Penal Code § 1203.4(b).)
What Does Expungement Do to My Criminal Record?
If the Court expunged the case, your California Department of Justice (DOJ) criminal record will be altered to reflect that your case was ultimately dismissed. However, it will not “undo” or “erase” a record of conviction. You can request a copy of your criminal record on the California DOJ website.
E-Z Expungement
Cost: $750
Includes:
Court appearance (if required)
Petition for dismissal (required)
Does not include:
Court processing fee (if required)
Expungement Cannot Help With:
Certain Government Positions
You must disclose expunged convictions on applications for law enforcement or when running for public office.
Deportation
Expungement does not remove a criminal conviction for immigration purposes. However, a motion to withdraw a plea can undo a guilty plea made by a non-citizen.
Criminal & Arrest Record
Expungement does not remove a record of arrest or change the entry of judgment from your department of justice record. It does not remove your fingerprints from law enforcement databases.
Background Check Companies
There are numerous background check companies that maintain their own criminal records. These records are based on public records that these companies collect. An expungement has no effect on these companies’ records. However, the companies are supposed to change their records so that they are accurate within 30 days.
When Can I Get My Case Expunged?
One Year After Misdemeanor Or Infraction
You may expunge a misdemeanor or infraction charge one year from the date of conviction if you have complied with the sentence and obeyed all laws during that time.
Upon Fulfilling Probation Conditions
Usually, if you have satisfactorily completed the probationary period or the judge has discharged you from probation before its termination, you are entitled to have the guilty plea withdrawn and the accusations dismissed.
Upon Payment Of Restitution
If you were sentenced to pay restitution, you cannot expunge your criminal conviction until the balance of the restitution is paid.
Do I Need a Lawyer?
If you violated probation or have unpaid restitution or fines on your case, you will need to demonstrate to the Court that expungement is in the “interests of justice.” A lawyer can help convince the Court to expunge your case by filing a motion accompanied by declarations and supporting evidence.