Requirements to Expunge Your Criminal Record
In order to expunge your criminal record in California, you must meet certain requirements. First, you must have successfully completed probation for the offense or obtained early release. If you served time in a state prison, Proposition 47 may offer you “realignment.” This means under the new guidelines, you would have been eligible to serve in County jail. You also must have paid all ordered restitution and no longer be serving probation for any criminal offense. You probably will not be able to expunge your criminal record if you are currently facing another crime.
Expungement Without Probation
Some people never receive probation. In that event, you must request expungement from the state. First, your conviction must have been a misdemeanor or infraction. It must have been more than a year since your sentence, and you must complete all sentencing requirements.
If you were never on probation, then you must show you are not currently serving jail time or a prison sentence. You also must be free of charges of other crimes. The court will want to know you have lived as an responsible citizen since your last conviction.
Criminals Ineligible for Criminal Record Expungement
Depending on your conviction, you may be ineligible for expungement. For example, if your conviction details certain vehicle code violations, including misdemeanors within the provisions of Vehicle Code section 42002.1 and violations of provisions of Vehicle Code section 42001. You also cannot expunge your record if you violated Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j) or Penal Code section 1, 311.2, 311.3, or 311.11.
Felonies committed under Penal Code section 261.5(d) are also ineligible. However, specific drug offenses committed before November 2014 may be dismissed under Proposition 47. It is important to determine your eligibility before filing for expungement relief.
The Criminal Expungement Process
First, obtain your criminal history record from the Department of Justice. Next, file a petition for each criminal offense listed on your record. You will file the petition with the court and serve it on the prosecutor’s office. If you are unfamiliar with this process, don’t assume you need to hire a lawyer. A legal document assistant such as A People’s Choice who is familiar with the process can assist you with the process.
After you file your petition, the court will either grant or deny it. Sometimes the court will set a hearing. The court wants to be sure you can demonstrate a changed lifestyle. A People’s Choice can help you navigate this process without costly lawyer’s fees. Contact A People’s Choice for more information about how to expunge your criminal record in California. We can help you prepare the documents you need to begin the process.
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