Can a Felony be Expunged in California?
In California, the possibility of expunging a felony conviction is a common question among individuals who are seeking to seal or wipe their criminal records. In this article, we will explore the answer to this question, highlighting the benefits and eligibility requirements for felony expungement in California.
What is Expungement?
Before delving into the specifics of felony expungement, it’s essential to understand what expungement entails. Expungement, also known as expiation, is the process of sealing or wiping a criminal record, effectively removing or hiding it from public access. In California, the expungement process aims to restore a person’s reputation, improve their job prospects, and reduce the stigma associated with a criminal conviction.
Can a Felony be Expunged in California?
The Short Answer
Yes, a felony conviction can be expunged in California, but with certain limitations and requirements.
The Long Answer
California law allows for the expungement of felonies under certain circumstances, as outlined in Penal Code Section 1203.4. To be eligible for expungement, the individual must meet the following requirements:
- Have completed their sentence, including any probation or parole.
- Have not been convicted of any other felony within the past five years (except for certain exceptions, such as drug-related offenses).
- Have not been convicted of a misdemeanor within the past two years.
Types of Felony Expungements
In California, there are two types of felony expungements:
- Ex parte expungement: This type of expungement is granted when the court finds that it is in the best interests of justice to seal or wipe the record.
- Judicial expungement: This type of expungement is granted when the court agrees to seal or wipe the record, but only if the individual has completed their sentence and meets the eligibility requirements.
Benefits of Felony Expungement
The benefits of expunging a felony conviction in California are numerous, including:
- Employment opportunities: Expungement can improve job prospects, as many employers run background checks that may disclose a felony conviction.
- Education and professional opportunities: Expungement can also improve access to educational and professional opportunities, such as student loans, financial aid, and professional certifications.
- Travel: Expungement can restore the right to travel to other countries, as some countries may deny entry to individuals with felony convictions.
How to Apply for Felony Expungement in California
To apply for felony expungement in California, individuals must:
- File a petition: File a petition with the court where the original conviction was handed down.
- Provide evidence: Provide evidence of completed sentence, proof of citizenship or lawful presence in the United States, and a copy of the original judgment or sentence.
- Attend a hearing: Attend a hearing before the judge to discuss the petition.
- Wait for a decision: Wait for the judge to make a decision on the petition.
Timeline and Fees
- Processing time: The processing time for felony expungement in California varies, but typically takes 6-12 months.
- Fees: The fee for filing a petition for felony expungement in California is $150, which may be waived for indigent individuals.
Important Considerations
Before pursuing felony expungement, individuals should consider the following:
- Collateral consequences: Expungement may not erase all collateral consequences, such as mandatory registration requirements or immigration issues.
- Future crimes: If an individual commits another crime, the original felony conviction may be brought back to the forefront.
Conclusion
In California, a felony conviction can be expunged, but only under specific circumstances and with certain requirements. By understanding the eligibility criteria, benefits, and application process, individuals can effectively seal or wipe their felony records and improve their personal and professional lives.
Table: Felony Expungement Eligibility Requirements
| Requirement | Detail |
|---|---|
| Completed sentence | Must have completed probation or parole |
| No other felony convictions | Must have no felony convictions within the past 5 years, except for certain exceptions |
| No misdemeanor convictions | Must have no misdemeanor convictions within the past 2 years |
Bullets: Key Takeaways
• Felony expungement is possible in California, but with certain requirements and limitations.
• There are two types of felony expungements: ex parte and judicial.
• Expungement can improve employment, education, and travel opportunities.
• To apply, individuals must file a petition, provide evidence, and attend a hearing.
• The processing time and fee for felony expungement in California are 6-12 months and $150, respectively.
