How to Seal My Criminal Record in California?
In California, the process of sealing a criminal record is known as expungement. Expungement allows individuals to have their criminal records sealed, effectively removing the conviction from their public record. This can have a significant impact on their personal and professional life, as it can improve job prospects, increase credit opportunities, and reduce the risk of being denied housing or educational opportunities.
Who is Eligible for Expungement in California?
Not everyone is eligible for expungement in California. To be eligible, an individual must meet the following criteria:
- The offense was a misdemeanor or felony
- The individual was convicted of the offense and completed their sentence, including any probation or parole
- The individual has not been convicted of any new crimes since the completion of their sentence
- The individual has not been required to register as a sex offender
Types of Records That Can Be Sealed
In California, the following types of records can be sealed through expungement:
- Felony convictions
- Misdemeanor convictions
- Infractions
- Arrest records
- Conviction records
The Expungement Process in California
The expungement process in California involves several steps:
Contents
Step 1: Determine Eligibility
- Review the California Penal Code and the California Rules of Court to determine if you are eligible for expungement
- Review your criminal record to ensure you meet the eligibility criteria
Step 2: Gather Required Documents
- Gather the following documents:
- A copy of your criminal record
- A copy of your certificate of completion of sentence (if applicable)
- A copy of your release from probation or parole (if applicable)
- A copy of your social security card
- A copy of your identification (driver’s license or state ID)
Step 3: Fill Out the Petition
- Fill out the petition for expungement (form CR-180) in its entirety
- Make sure to include all relevant information, including the name of the court where the conviction was obtained, the date of the conviction, and the type of conviction
Step 4: File the Petition
- File the petition with the court where the conviction was obtained
- Pay the filing fee (currently $120 in most counties)
Step 5: Wait for the Court’s Response
- Wait for the court to review your petition and schedule a hearing
- At the hearing, the court will consider your petition and make a decision
Step 6: Follow Up with the Court
- If your petition is granted, follow up with the court to obtain the order of expungement
- If your petition is denied, you may be able to appeal the decision
What Happens After Expungement
After expungement, the conviction will be removed from your public record, and you will no longer be required to disclose it on job applications, loan applications, or other forms. However, there are some important things to keep in mind:
- The conviction will still be available to law enforcement and other government agencies
- The conviction will still be available to the public through a court records search
- You may still be required to disclose the conviction on certain forms, such as those related to real estate or professional licensing
Frequently Asked Questions
- Can I expunge a conviction if I was convicted of a crime as a juvenile? Yes, in some cases. Juvenile records can be sealed or destroyed under California law.
- Can I expunge a conviction if I was convicted of a crime that is still on appeal? No, you will need to wait until the appeal is resolved before applying for expungement.
- Can I expunge a conviction if I was convicted of a crime that is a felony that was reduced to a misdemeanor? Yes, in some cases. You will need to check the specific circumstances of your case to determine if you are eligible for expungement.
Conclusion
Sealing a criminal record in California can be a complex and time-consuming process, but it can have a significant impact on an individual’s life. By understanding the eligibility criteria, the expungement process, and what happens after expungement, individuals can take control of their criminal record and move forward with their lives.
