In California, the process of getting a criminal record expunged is somewhat similar to that in other states but has specific steps and requirements under California law. Here’s how you can go about it:
- Determine Eligibility: Not all convictions are eligible for expungement in California. Generally, you must have completed probation, and the conviction must be for a crime that could have been punished either by imprisonment in state prison or jail. Convictions for certain sex crimes and serious vehicle offenses may not be eligible.
- Complete Probation: You must have successfully completed your probation, whether it was formal or informal. If you did not complete your probation successfully, you might need to file a motion to modify or terminate the probation before you can apply for expungement.
- File a Petition: You need to file a petition for dismissal (expungement) in the court where you were convicted. This involves filling out the appropriate forms, which can be found on the California Courts website or obtained from the courthouse.
- Pay Fees: There may be a filing fee for the expungement process. If you cannot afford the fee, you can apply for a fee waiver.
- Serve Papers: You must serve a copy of your petition on the prosecuting attorney’s office that handled your case.
- Attend a Hearing: Depending on the nature of your conviction and any objections by the prosecutor, a hearing may be necessary. At this hearing, the court will consider your request for expungement.
- Judge’s Decision: If the judge grants your petition, the conviction will be dismissed in the eyes of the law. However, it will not be completely erased—it will still be visible to some government agencies and can affect your ability to hold public office, obtain certain licenses, and own or possess firearms.
- Follow Up: After expungement, it’s important to keep a copy of the court order. You might need this document for various purposes, like informing potential employers that the conviction has been expunged.
Because navigating the expungement process can be complex, especially if there are complications like a probation violation, it’s often advisable to consult with an attorney who specializes in criminal law in California. They can provide valuable guidance and representation to increase the likelihood of a successful expungement.
