How to Petition for Expungement of a Criminal Conviction in California

Having a criminal conviction on your record can impact your life in various ways, from employment opportunities to housing and beyond. Thankfully, the state of California offers a path to expungement, allowing individuals to move forward with a clearer record. This guide provided by Tabibnia Law will walk you through the expungement process, focusing on California Penal Code 1203.4, the key statute that governs expungement eligibility and procedure in California.

Understanding California Penal Code 1203.4

California Penal Code 1203.4 allows individuals who meet specific criteria to withdraw their plea of “guilty” or “no contest” and have their case dismissed. This means that, for most purposes, the conviction is effectively removed from your record. Expungement does not, however, remove the conviction from all records entirely—it may still appear on certain government databases and will be accessible to law enforcement agencies.

Expungement under Penal Code 1203.4 is particularly beneficial because it provides a means to improve employability, apply for professional licenses, and secure housing, all of which may be hindered by a past conviction.

Step 1: Determine Your Eligibility

To petition for expungement under California Penal Code 1203.4, you must first determine if you meet the eligibility requirements. Here are the basic criteria:

1. Completion of Sentence: You must have completed your probation, including all terms and conditions. This includes paying all fines, restitution, and other court-ordered fees.
2. Not Serving Another Sentence: At the time of filing, you should not be serving a sentence for any other offense or have a pending criminal case.
3. Certain Offenses Not Eligible: Some crimes, like certain sex offenses involving minors, are not eligible for expungement under this code.

If you were not sentenced to probation, you may still be eligible for expungement if one year has passed since the date of your conviction.

Step 2: Gather Necessary Documentation

Before filing, gather the following:

• Case Number: You’ll need your case number and details about your conviction.
• Court Records: If possible, obtain copies of your criminal case records to ensure you have accurate information. These records can be requested from the courthouse where your case was filed.
• Proof of Sentence Completion: This includes documents proving that you completed probation and met all the conditions of your sentence.

Step 3: Complete the Petition Forms

California has a standard petition form for expungement, usually labeled as “Petition for Dismissal” (Form CR-180). You’ll also need to complete a “Proposed Order” (Form CR-181). Both forms can be obtained from the courthouse or downloaded from the California Courts website.

When filling out the forms, make sure to:

1. Accurately record all details about your conviction.
2. Clearly state why you believe you qualify for expungement.
3. Attach any supporting documentation, including proof of sentence completion.

Step 4: File the Petition with the Court

Once your forms are complete, submit them to the court where you were convicted. Be prepared to pay a filing fee, though some individuals may qualify for a fee waiver if they cannot afford the costs.

The court will set a hearing date, during which you may be required to appear. Some cases are approved without a hearing, but it’s best to prepare as if you’ll need to answer questions regarding your petition.

Step 5: Attend the Hearing (if Required)

If the court schedules a hearing, it’s essential to attend. During the hearing, you or your attorney will have the opportunity to explain why your record should be expunged, emphasizing your rehabilitation, good conduct, and compliance with court orders.

The judge will consider factors like:

• The nature and severity of the original offense
• Evidence of rehabilitation and good conduct
• Potential benefits of granting the expungement

Step 6: Follow Up and Confirm Expungement

If your expungement is granted, the court will update your criminal record to reflect the dismissal. While this removes the conviction for most purposes, it’s wise to follow up with the court or your attorney to ensure all records reflect the updated status.

Limitations of Expungement

It’s important to understand that expungement under Penal Code 1203.4 does not entirely erase the conviction:

• Employment Disclosure: For private-sector jobs, you generally do not need to disclose an expunged conviction. However, some state and federal agencies may still have access to the record.
• Firearms Rights: Expungement does not restore firearm rights if they were lost due to the conviction.
• Driver’s License: If your license was suspended or revoked, expungement does not automatically reinstate it.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

Expungement is a powerful tool to help individuals rebuild their lives after a criminal conviction, and California Penal Code 1203.4 provides a relatively straightforward path to this relief. However, navigating the legal requirements can be challenging, especially when gathering documentation and preparing for a potential hearing. If you’re interested in expungement, consider consulting with our team at Tabibnia Law to guide you through the process, ensuring your petition is completed accurately and effectively. You can contact Cyrus Tabibnia from Tabibnia Law Firm at (866) 713-2159 or submit a contact form here.

Sources:

• California Penal Code 1203.4