How to Remove a Misdemeanor from Your Record in California?
What You Need to Know
As a convicted misdemeanant, having a misdemeanor on your record can impact your chances of securing employment, advancing in your career, applying for a home loan or credit, or even landing a date with a potentially life-partner. Not to mention, it’s a constant source of stigma and stress.
Fortunately, California provides avenues for reducing or dismissing criminal convictions under certain circumstances. In this article, we’ll demystify the process, highlighting the requirements, possibilities, and outcomes for eliminating a misdemeanor conviction from your record in the Golden State.
Option 1: Expungement through Proposition 64 (aka "Expunge Your Cannabis Convictions" Initiative)
California Senate Bill No. 1449 (2019), also known as the California Cannabis DNA Testing Initiative, allows persons convicted of marijuana-related misdemeanors to seek an expungement through Prop 64. To be eligible:
- Petitioner was convicted of a marijuana-related misdemeanor under a California penal code provision enacted before December 21, 2020. (More on the provisions below.)
Types of eligible provisions:
• Section 11359, 11360, or 11550 (PC) or any successor to these section ( possession for sale or transportation, distribution, etc.)
• Section 11253 or 11378 (PC) or any successor to these sections (cultivation)
Exclusionary criterion:
If your case involved, or there are allegations or findings related to, domestic violence, any serious controlled substance offenses (e.g., 11550(2)(d) – possession for sales), sex offenses, crimes against individuals, or conspiracy, then you may NOT be eligible for Prop 64’s expungement.
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Option 2: Expungement through State Law
Californian law also enables the relief of convictions not covered under Prop 64. Code of Civil Procedure (CPC) sections 1385, 12022.7, and PC 1000.20 provide legal groundwork for these expungement options:
- Rehabilitative Diversion (PCP 1000.21): Completing specified rehabilitation programs under PC Section 1000.20 can lead to the resentencing or setting aside a misdemeanor conviction. Eligible offenses are detailed in Article 6, Section 1000, of the California Penal Code.
- In some counties, participation in a Proposition 47 Drug Diversion Program might facilitate expungement. Be sure to check local statutes and procedural requirements.
- Alternative sentencing and expungement options for military veterans with non-serious, non-violent felony or misdemeanor convictions might also be viable through Assembly Bill 1088 (2020), the Heroes’ Body Armor Repair Grant Program, and/or PC Section 1170(h).
Other possibility for felony expungements lie in:
PC Sec. 707.35 (Juvenile Court Convictions) – for 17-year-old defendants
Eligibility requires:
(1) The person has already completed the maximum term, (2) petitioned before the anniversary of the release date + 3-5 years (PC Sec. 707.34), depending on the term served), and (3) completed any specified parole or probation term requirements.
How to Remove a Misdemeanor from Your Record: A Step-by-Step Guide
Follow these step-by-step processes for potential expungements:
Becoming Ineligible/Inapplicable
Notice:
Some sections of California Law may vary depending on location, circumstance, and current legislation.
