How do I get a felony expunged in California?

How do I get a felony expunged in California?

If you have a felony conviction on your record, you may be wondering how to get it expunged in California. Expungement can be a powerful tool for individuals looking to clear their criminal record and move on from a past mistake. In this article, we will explore the process of getting a felony expunged in California, including the eligibility requirements, the application process, and the benefits of expungement.

Eligibility Requirements

To be eligible for expungement in California, you must meet the following requirements:

• You must have been convicted of a felony and served your sentence (including probation) in full.
• You must not have been convicted of a crime that is a "strike" offense (as defined in California Penal Code Section 1170.12).
• You must not have been convicted of a crime that is a "serious" offense (as defined in California Penal Code Section 1192.7c).
• You must not have been convicted of a crime that is a "sex crime" (as defined in California Penal Code Section 290).
• You must not have been convicted of a crime that is a "violent" offense (as defined in California Penal Code Section 1192.7c).
• You must not have any outstanding fines, penalties, or restitution owed to the court.

Application Process

To apply for expungement in California, you must file a petition with the court in which you were convicted. The petition must include:

• A statement that you are eligible for expungement under California law.
• A statement that you have not been convicted of a crime that is a "strike" offense, "serious" offense, "sex crime", or "violent" offense.
• A statement that you have not outstanding fines, penalties, or restitution owed to the court.
• A statement that you are not currently under investigation for a crime.
• A statement that you are not currently on probation or parole.
• A statement that you have not been convicted of a crime in the last 5 years.
• A statement that you are not currently serving a sentence for a crime.
• A statement that you have not been convicted of a crime that is a "wobbler" (a crime that can be charged as either a misdemeanor or a felony).
• A statement that you are not currently on supervised release.

Benefits of Expungement

There are several benefits to getting a felony expunged in California, including:

• Increased job prospects: Many employers will not consider hiring individuals with a felony conviction. Expungement can help you to become more attractive to potential employers.
• Improved ability to rent or buy a home: Landlords and homeowners often check criminal records when considering tenants or buyers. Expungement can help you to become a more attractive candidate.
• Increased access to education and training: Many colleges and universities will not accept students with felony convictions. Expungement can help you to access education and training opportunities.
• Increased ability to travel: Some countries will not allow entry to individuals with felony convictions. Expungement can help you to travel and work abroad.
• Reduced stigma: Having a felony conviction on your record can be a significant source of stress and stigma. Expungement can help you to feel more confident and self-assured.

Filing a Petition

To file a petition for expungement in California, you will need to:

• Complete the necessary forms, including the Petition for Expungement (form CIV-110) and the Declaration Under Penalty of Perjury (form CIV-110A).
• Attach any supporting documents, such as proof of service, proof of residency, and proof of employment.
• File the petition with the court in which you were convicted.
• Pay the filing fee, which is currently $355.

Hearing

After you have filed your petition, the court will set a hearing date to review your application. At the hearing, you will need to:

• Explain your reasons for seeking expungement.
• Answer any questions from the court.
• Provide any additional information or evidence that you believe is relevant to your application.

Order for Expungement

If your petition is granted, the court will issue an order for expungement. This order will vacate your conviction, dismiss the charges, and dismiss any outstanding fines, penalties, or restitution.

Sealing and Destroying Records

After your petition has been granted, the court will also order the sealing and destroying of your criminal records. This means that your records will no longer be publicly available, and you will no longer have to disclose your conviction when applying for jobs, schools, or housing.

Conclusion

Getting a felony expunged in California can be a complex and time-consuming process, but it can also be a powerful tool for individuals looking to clear their criminal record and move on from a past mistake. By meeting the eligibility requirements, following the application process, and presenting your case to the court, you can work towards a cleaner criminal record and a brighter future.

Table: Eligibility Requirements

Bullets: Benefits of Expungement

• Increased job prospects
• Improved ability to rent or buy a home
• Increased access to education and training
• Increased ability to travel
• Reduced stigma