Sealing Your Criminal Record in California: A Step-by-Step Guide
As a convicted criminal in California, you may be eligible to seal your criminal record under certain circumstances. This can be a crucial step in rebuilding your life and securing a brighter future. In this article, we will explore the process of sealing your criminal record in California and provide a comprehensive guide to help you through it.
What is a Criminal Record Seal?
A criminal record seal, also known as expungement, is a process where the court orders that certain criminal records be sealed, making them inaccessible to the public. This can be done for certain convictions, such as misdemeanors and some felonies, after a specified period has passed.
Eligibility Criteria
To be eligible to seal your criminal record in California, you must meet the following criteria:
- You must have completed your sentence, including probation and parole.
- You must have been arrested or charged with a misdemeanor or a felony, and you must have been acquitted or convicted of the charge.
- You must have completed a period of 3-5 years from the date of discharge or completion of your sentence for misdemeanors, and 7-10 years for felonies.
Types of Records that Can be Sealed
In California, the following types of records can be sealed:
- Misdemeanor convictions
- Felony convictions (if you have been granted early release or completed your sentence)
- Infractions (if you have completed a period of 3 years from the date of completion of your sentence)
- Arrest records (if you were acquitted or charges were dismissed)
Steps to Seal Your Criminal Record in California
The process of sealing your criminal record in California involves the following steps:
Contents
Step 1: Determine Eligibility
Review the eligibility criteria mentioned above to ensure you meet the requirements for sealing your criminal record.
Step 2: Gather Required Documents
You will need to gather the following documents:
- Certified copies of your court records
- Certified copies of your arrest record
- Certified copies of your plea agreement or conviction
- Proof of completion of sentence (if applicable)
Step 3: Complete the Petition Form
You will need to complete a petition form (Form CR-180) and submit it to the court where your case was filed. The petition must include:
- Your personal and identifying information
- A description of the record(s) you want to seal
- A sworn statement stating that you have met the eligibility criteria and have not been convicted of a felony or misdemeanor since your discharge or completion of your sentence
Step 4: Submit the Petition and Fees
Submit the petition form and required documents to the court, along with a $125 filing fee.
Step 5: Wait for Court Approval
The court will review your petition and documents to ensure you meet the eligibility criteria. If approved, the court will order the sealing of your record.
What Happens After Sealing Your Record?
After sealing your record, you will no longer have to disclose your conviction or arrest when applying for:
- Jobs or employment
- Educational institutions
- Professional licenses
- Public housing or social services
However, there are some exceptions where your sealed record may still be accessible, such as:
- Law enforcement purposes: Your sealed record may still be accessible for law enforcement purposes, such as investigations or background checks.
- Employment by certain entities: Your sealed record may still be accessible to certain employers, such as those in the fields of law enforcement, government, or healthcare.
- Government benefits or licenses: Your sealed record may still be accessible when applying for government benefits or licenses.
Conclusion
Sealing your criminal record in California can be a life-changing process, offering a fresh start and improved job and educational opportunities. By understanding the eligibility criteria and the steps involved, you can take control of your future and rebuild your life. Remember to always consult with an attorney if you have any questions or concerns about the process.
