What Does It Mean To Expunge My Records?

Having a criminal conviction on your record can make life tough – that conviction can affect your ability to get a job or a loan, for example. The law recognizes that we all make mistakes, and you may be able to “expunge,” or clear, that conviction from your records. What does that mean, and how can you do it?

What Does Expungement Do?

There are different expungement processes and rules at the state and federal level. Here, we’ll talk about why and how to expunge your record under California law.

When you expunge your record in California, your conviction is technically dismissed. But that doesn’t mean it undoes the conviction. One of the biggest benefits is that you will generally no longer have to disclose your conviction when you’re applying for a private sector job. When you apply for a government job or license and they ask if you’ve been convicted of a crime, you’ll still need to say yes. However, you’ll also mark it as “conviction dismissed.” The government must then treat your application as if you’d never been convicted.

You will still have to deal with some of the consequences of your conviction. You won’t be allowed to own firearms unless/until you would otherwise be able to. Your driving privileges may still be restricted and a dismissed conviction can still be used to increase your punishment if you’re convicted of another crime. If you were ineligible to hold public office due to your conviction, you will still be ineligible to hold office.

Finally, an expungement will not wipe out a requirement that you register as a sex offender. You will need to ask the court separately to let you out of that requirement.

Do I Qualify For Dismissal?

You can qualify for dismissal under two main circumstances:

• You got probation, completed all the terms, and are no longer on probation (Cal. Penal Code § 1203.4)
• Your criminal was reduced to an infraction

You’re not eligible for expungement if you’re currently charged with or serving a penalty for another crime. You’re also ineligible if you served time in a California state prison. Finally, it’s not possible to expunge some sex crimes, especially if they involve minors.

Applying for Expungement

The expungement process is much easier with the help of an experienced attorney. The court will want to look at the specifics of your case, your history since the conviction, and the specifics of the law surrounding your case. As part of the expungement process, your attorney may also be able to reduce your felony to a misdemeanor on your record. You may be able to handle the process on your own, but the law can be complicated and you may not be able to put together a convincing case for expungement.

Expungement vs. Sealing Your Records

Many people are confused about the difference between expunging and sealing your records. Expungement simply means that your conviction is dismissed and you don’t have to disclose it to most employers or other interested parties. Sealing your records, however, actually wipes them out. Going forward, you will be able to state that you have never been arrested for a crime.

However, you only qualify to have your records sealed if the prosecutor never filed charges, if your case was dismissed, or if you were acquitted in a jury trial. In those instances, it’s technically true that you were never arrested for a crime because you were innocent.

We Can Help

If you’re interested in clearing your criminal record – and making it a whole lot easier to get a job – we can connect you with an experienced local attorney. Your attorney will help you determine whether you’re eligible for expungement and whether you have other options. They will also guide you through the expungement process.

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