How to Expunge a Felony in California
Expungement is a legal process in California that allows individuals who have been convicted of a felony to have their convictions set aside, effectively making it as if the criminal charges never occurred. If you have a felony conviction and are interested in expunging it, this guide will walk you through the process and provide you with the necessary information to achieve successful expungement.
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Eligibility for Expungement in California
To be eligible for felony expungement in California, you must meet specific criteria. The following requirements must be satisfied:
- You must have been convicted of a felony and not have been convicted of a non-felony offense during the same trial.
- You must have completed any sentence, including prison time, probation, fines, and restitution.
- You must not have committed any new crimes during your probation period.
- Your conviction must not have involved a violent crime or a serious bodily injury.
Steps to Expunge a Felony in California
Once you have determined that you are eligible for expungement, you can start the process. Here’s a step-by-step guide to help you through:
Step 1: Gather Required Documents
Collect the following documents:
• Conviction records: Obtain a copy of your conviction records from the courts where you were convicted. You can request these from the court clerk’s office.
• Sentence transcripts: Obtain a copy of your sentence transcripts, including any conditions of probation and the length of your prison sentence.
• Exhibits and evidence: Gather any exhibits and evidence related to your case that may be relevant to expungement.
Step 2: Prepare the Application
Prepare the application, which typically includes:
- Petition for Record Relief: This is the formal request to expunge your felony conviction. Attach a copy of your petition to the application.
• Supporting documents: Attach supporting documents, including your conviction records, sentence transcripts, and exhibits and evidence.
• Fingerprint card: Obtain a live scan fingerprint card from your local law enforcement agency, which will be used by the California Department of Justice to verify your identity and check for any outstanding arrest warrants.
Step 3: File the Application
File the application, along with the required documentation, with the SUPERIOR COURT in the county where you were originally convicted. You can hire an attorney to represent you or represent yourself pro-se.
Step 4: Wait for the Courts’ Decision
The court will review your application and supporting documents and make a decision. They may request additional information, conduct a hearing, or deny your application.
What Happens After Expungement in California
If your application is successful, the court will order the expungement of your felony conviction. This means that the conviction will be set aside, and you will be no longer considered a convicted felon. Here are some potential benefits:
- Remove the conviction from your records: Your conviction will no longer appear on your rap sheet or criminal record checks.
- Enhanced job prospects: Many employers will not consider a record of conviction when making employment decisions.
- Improve your credit score: Expungement can allow you to improve your credit score by removing the felony conviction from your credit reports.
- Restore citizenship rights: Expungement can restore your right to vote, hold public office, and own a gun.
Other Considerations for Expungement in California
Before pursuing felony expungement in California, consider the following:
Fines and Restitution: You must pay all outstanding fines and restitution orders before expungement. Failure to do so could result in denial of expungement.
Injunctions and Restraining Orders: If you are subject to an injunction or restraining order, you will need to comply with these orders before expungement.
New Crimes or Violations: If you have committed new crimes or violated the terms of your probation, you may be ineligible for expungement.
Multiple Convictions: If you have been convicted of multiple felonies, you may need to file separate petitions for record relief for each conviction.
Attorney Representation
While it is possible to represent yourself in the expungement process, considering hiring an attorney can ensure that your application is successful and that you are familiar with the legal process and requirements.
