Expungement of Criminal Convictions is Straightforward in California

Expungement is a legal process by which prior criminal convictions are cleared from one’s criminal record. The motivation for expunging past convictions is removing the kind of barriers a negative criminal history places before many educational and employment opportunities. Many schools and employers will decline to admit or hire an individual with a criminal record, especially if it contains felony convictions. Fortunately, the law has put in place a mechanism, albeit subject to a number of requirements, for clearing one’s criminal record: expungement. Individuals interested in expunging criminal convictions from their record for the sake of the better future that education and employment brings will benefit from speaking with an experienced California expungement attorney about their specific circumstances.

Understanding the Requirements for Expungement in California

In California, expungement is governed by Penal Code 1203.4. The ability of this process to clear one’s criminal record of prior convictions seems almost too good to be true. Though expungement is a real legal process that has helped many individuals on the way to obtaining the educational and employment opportunities they need for a better future, there are a number of important requirements that must be understood. First, expungement is not available to individuals who were sent to state prison following conviction, or later as the result of a probation violation. Expungement, whether for a misdemeanor and felony conviction, is only available to individuals who were not sent to state prison, who successfully completed probation, and were not convicted of one of four enumerated crimes that shall never be expunged. To successfully complete probation is to abide by and complete all terms of probation, including fines, counseling, community service, and any other restitution ordered by the court.  Additional, successful completion of probation requires the attendance of all required court appearances, either personally or through one’s attorney. Finally, as common sense dictates, successful probation requires that one does not commit any new crimes while on probation.

The criminal offenses that cannot be expunged in the state of California are sexual in nature. They are:

  • Sodomy with a child
  • Lewd acts with a child
  • Oral copulation with a child
  • Sexual intercourse between persons who are 21 years and older with persons younger than 16  

As a matter of public policy, California law prohibits the expungement of a conviction for one of these crimes from one’s criminal record.

Do You Wish to Expunge a Criminal Conviction From Your Record?

If you were never send to state prison and successfully completed probation, reach out to an experienced San Diego expungement attorney about clearing your criminal record. An expunged record will help you get the education you need to get the job you need to provide for yourself and your loved ones. For individuals who qualify, the expungement process is simple and straightforward. For your future, reach out to an experienced California expungement attorney today.