Expungement FAQ’S
Will expungement of my criminal
record erase and destroy the court’s
file?
No. The court file, the California Department of Justice, and the FBI update
your criminal record to demonstrate that the case has been ordered dismissed
by the court under Penal Code Section 1203.4
If granted an expungement, do I have to disclose my criminal record?
If a private employer asks if you have been convicted of a crime, you can say
no. However, if you are applying for public office, applying for a state license
(real estate, doctor, lawyer, stock broker, etc.), or contracting with the
California State Lottery, you must disclose the conviction. However, it can
be disclosed as an expunged conviction in California.
When I was in Court, I pled “no contest” rather than “guilty”. Because
I did that, doesn’t that mean I can say I have never been convicted of a
crime?
No. In California a plea of “no contest” is effectively the same as a “guilty”
plea. Both types of pleas in California courts are considered criminal convictions
and must be disclosed on employment applications when directly asked. That
is, until they are expunged (see above).
What are some things an expungement will not do?
Even if you have cleared your criminal record in California, and have been
granted an expungement, a court can still use a prior conviction to enhance
a new sentence for any new crime. In addition, if you are a registered sex
offender, an expungement in California will not relieve you of your duty to
register pursuant to California Penal Code Section 290.
What will an expungement look like on my criminal record?
Once an expungement is granted, your record is marked as “dismissed in the
interest of justice” and “conviction set aside” pursuant to Penal Code Section
1203.4. What this means is that your plea of “guilty” or “no contest” is
withdrawn, then the court will enter a plea of “not guilty” on your behalf,
and the charges you were charged with will be dismissed pursuant to Penal
Code Section 1203.4.
Who qualifies for expungement in California?
We must first examine if the case is a misdemeanor or a felony. For misdemeanors,
you qualify if you meet the following criteria:
- You successfully completed your probation period, or if no probation was granted, it has been at least 365 days since you entered your plea of guilty;
- You have paid all of your fines, restitution, jailtime, or any other term of your probation, as required by the court; and
- You currently do not have a new criminal case pending and you are not on probation for any other offenses.
If you meet these conditions, in most cases, we can expunge your misdemeanor
conviction and clear your criminal record. For more information, see “Misdemeanor
Expungement”.
For felonies, as long as you were granted probation, the same rules as above
apply that would apply in misdemeanor cases. However, if you suffered a felony
conviction and were not granted probation, you will have to see if your felony
conviction qualifies to be reduced to a misdemeanor. See “Felony Expungement”.
