How to expunge a felony in California for free?

How to Expunge a Felony in California for Free?

In California, expungement is a legal process that allows individuals to seal their criminal records, removing the conviction from public view and providing a second chance at life. While expungement can be a lengthy and complex process, it is possible to do it for free in California. In this article, we will provide a step-by-step guide on how to expunge a felony in California for free.

Eligibility for Felony Expungement in California

Before we dive into the process, it’s essential to understand who is eligible for felony expungement in California. According to California Penal Code Section 1203.4, individuals who have been convicted of a felony and have completed their sentence, including probation, can apply for expungement. However, not all felons are eligible for expungement. Felons who have been convicted of certain crimes, such as murder, rape, or child molestation, are not eligible for expungement.

Steps to Expunge a Felony in California for Free

To expunge a felony in California for free, follow these steps:

Step 1: Gather Required Documents

• Court documents: Obtain a copy of your court documents, including your indictment, conviction, and sentencing documents.
• Conviction record: Obtain a copy of your conviction record from the California Department of Justice (DOJ).
• Certificate of Probation: Obtain a Certificate of Probation from the court or probation department, if applicable.

Step 2: Complete the Petition for Expungement

• Form: Complete the California Petition for Dismissal (Form CR-180) and attach a copy of your court documents, conviction record, and Certificate of Probation, if applicable.
• Attach supporting documents: Attach any supporting documents, such as letters from employers, educational institutions, or treatment programs, that demonstrate rehabilitation and good behavior.

Step 3: File the Petition

• File with the court: File the petition with the court where you were convicted.
• Pay the filing fee: You will need to pay the filing fee, which is currently $120. However, you may be eligible for a fee waiver if you are low-income or have a valid reason for not paying the fee.

Step 4: Serve the District Attorney

• Serve the DA: Serve the District Attorney’s office with a copy of the petition and a notice of hearing.
• Attach proof of service: Attach proof of service to the petition.

Step 5: Attend the Hearing

• Appear in court: Appear in court on the scheduled date and time for the hearing.
• Argue your case: Present your case to the judge and argue why you deserve expungement.

Additional Tips and Considerations

• Hire an attorney: While it is possible to expunge a felony in California for free, hiring an attorney can be beneficial in navigating the complex legal process and increasing your chances of success.
• Wait times: Expungement hearings can take several months to a year or more to schedule. Be patient and plan accordingly.
• Follow-up: After the hearing, follow up with the court to ensure that your petition has been processed and your conviction has been expunged.

Frequently Asked Questions

• What is the difference between expungement and record sealing?: Expungement and record sealing are two separate processes. Expungement seals the conviction, while record sealing only hides the conviction from public view.
• Can I expunge a felony if I have multiple convictions?: Yes, you can expunge multiple convictions as long as you meet the eligibility requirements.
• Will expungement help me get a job or housing?: Expungement can help you obtain employment and housing, but it is not a guarantee. It’s essential to be honest about your criminal history and be prepared to explain your circumstances.

Conclusion

Expunging a felony in California for free requires patience, persistence, and attention to detail. By following the steps outlined in this article and gathering the necessary documents, you can successfully expunge your felony conviction and start fresh. Remember to stay patient and plan accordingly, as the process can take several months to a year or more to complete.