All You Need To Know About Expungement Laws in California
Did you know that approximately 77 million people, or one in every three adults, have a criminal record in the U.S.? If you've been convicted of certain crimes, you may be eligible to have your conviction dismissed or "expunged" from your record, meaning that the case will no longer show up.
In California, expungement laws are also imposed, which allow individuals to clear their criminal records and help them improve other aspects of their life. The Law Offices of Huffman & Kendrick warn that this procedure requires the submission of a petition to the court as well as the fulfillment of specific eligibility requirements.
Learn how you can rebuild your life after conviction through the process of expungement.
Eligibility Criteria for Expungement in California
California law requires you to complete certain requirements before expungement. Expungement is usually granted to those who have completed probation, paid all penalties and reparations, and not committed any new crimes. Sexual crimes against kids and major felonies may not be expunged. Some driving violations and state prison sentences cannot be expunged.
Expungement requires that you follow all court instructions and conditions. It's necessary to have completed probation and show rehabilitation and good conduct since conviction. This includes stable work, community service, and counseling or recovery programs. Meet these conditions to boost your chances for expungement.
Application Process for Expungement in California
California expungement begins with a court petition. Obtain your case's case number, date of conviction, and criminal facts. Complete the court petition form with accurate, current information.
After that, you need to file the case with the court in the county where the conviction happened. You have to pay the filing fee unless you apply for a fee reduction on account of your financial situation.
A Riverside expungement attorney advises you to go to the court meeting so that a judge can look over your petition. Let them know why you want to get your record erased.
Benefits of Expunging Your Record in California
When considering expungement in California, knowing the benefits can help you see how it can improve your future. Background checks are common and a clean record might make you more appealing as a job seeker.
Expungement can restore voting and jury duty rights. Your criminal past may have prevented you from pursuing some jobs, but it can increase your professional license eligibility. Expungement can bring emotional relief by closing a chapter of your life with previous mistakes and starting over.
Expunging your record can improve housing alternatives. Landlords often do background checks and having a clean background can help you get a rental property. Expungement can open up opportunities for you to get professional licenses or certifications.
Limitations of Expungement in California
Before pursuing expungement in California, you should know its drawbacks. One key drawback is that expungement doesn't erase your criminal record. Background checks by law enforcement, government agencies, and certain businesses may still reveal the conviction after expungement. California does not erase violent sexual acts.
Another limitation is that expunged convictions can still be deemed past offenses in future legal procedures. Even with an expunged record, a second crime might enhance your penalties or imprisonment. Expunctions in California aren't guaranteed to erase all evidence of a criminal conviction, so it's important to examine the pros and cons before applying.
Conclusion
If you qualify, expunging your California record can improve your future. Better employment prospects, housing, and peace of mind are possible once expungement has succeeded. Expungement has limitations and may affect your future, so be informed. Consult a lawyer to understand the procedure and make an informed judgment about it.
