POST CONVICTION EXPUNGEMENTS AND SEALING OF RECORDS
Criminal records are public information accessible to potential employers and licensing boards. You can, however, petition for the court to expunge your criminal record. Once a felony or misdemeanor conviction is expunged from your record, your conviction is no longer public record for potential employers to access.
Eligibility for Expungement
You can expunge a misdemeanor or felony from you criminal record if you:
- Successfully completed probation or obtained an early termination of probation
- You are not currently charged with a criminal offense
- You are not on probation for a criminal offense,
- You are not serving a sentence for a criminal offense, and
- You did not serve time in state prison for the underlying conviction
You cannot expunge your conviction if any of the above conditions are not met. Additionally, the following criminal offenses in California cannot be expunged:
- Penal Code Section 286(c), sodomy with a child
- Penal Code Section 288, lewd acts with a child
- Penal Code Section 288(a), oral copulation with a child
- Penal Code Section 261.5(d), sexual intercourse between persons who are 21 years and older with persons younger than 16
If you committed an offense while on probation, granting or denying your probation is a matter of discretion. In exercising this discretion, the judge considers your criminal history, your overall performance while on probation, the seriousness of the underlying conviction, and your ties to the community.
The Expungement Process
If you meet the other eligibility requirements outlined above, your attorney can start the expungement process by filing several motions including early termination of probation (if you are still on probation), motion to reduce the underlying felony to a misdemeanor, and motion to expunge your conviction.
you avoid certain immigration consequences such as deportation.
Limitations of Expungement
An expungement does not overturn a driver’s license suspension or revocation, restore your California gun rights under Penal Code Section 12021, or end your duty to register as a sex offender under California Penal Code Section 290. In addition, an expunged conviction may still be used to enhance sentencing and as a “strike” for purposes of California’s Three-Strikes Law.
Sealing and Destroying Criminal Records
You are entitled to the Sealing and destroying of your criminal record if:
- are currently an adult, or the jurisdiction of the juvenile court terminated at least five years ago,
- as an adult, you have not been convicted of any crimes of moral turpitude—i.e., a crime involving dishonesty or immoral behavior, AND
- There is no pending civil litigation based on the juvenile incident.
If the judge grants your motion to seal, the arrest record is sealed for three years and destroyed thereafter.
For a free consultation on expungement or sealing of juvenile records for you or a loved one,contact the Law Office of Negin Yamini today.