Skip to Content

What crimes Cannot be expunged in California?

In California, there are certain crimes that cannot be expunged regardless of the circumstances. These crimes include serious felonies such as murder, sexual assault, kidnapping, and certain drug offenses that involve manufacturing or trafficking.

Additionally, crimes that require mandatory registration as a sex offender cannot be expunged in California. This includes offenses such as rape, child molestation, and indecent exposure.

It is important to note that even if a crime is eligible for expungement, it does not necessarily mean that it will be granted. The court will take into consideration the seriousness of the offense, the defendant’s criminal history, and any other relevant factors before making a decision.

Expungement is a complex legal process that requires careful consideration and guidance from an experienced attorney. If you are interested in having a conviction expunged in California, it is recommended to speak with a lawyer who can guide you through the process and help you understand the options available to you.

How long do felonies stay on your record in California?

In California, the length of time that felonies stay on your record depends on the type of offense committed. Generally, most felony convictions will remain on your record for the rest of your life, unless you take legal action to have them expunged or sealed.

For serious offenses, such as murder or certain types of sexual assault, there is no waiting period for the felony to be removed from your record. These types of felonies are considered to be “permanent” and will remain on your record indefinitely.

For less serious offenses, such as drug possession or theft, you may be able to have the felony removed from your record after a certain period of time. This is typically five or ten years, depending on the offense and the circumstances surrounding it.

However, even if a felony has been expunged or sealed from your record, it may still be visible to certain parties, such as law enforcement agencies, government agencies, or employers who conduct background checks. Additionally, certain professions may require individuals to disclose any past criminal convictions, even if they have been expunged.

It is important to note that having a felony on your record can have serious consequences, including difficulty finding employment, housing, or obtaining certain licenses or certifications. It is important to speak with an experienced criminal defense attorney if you have been charged with a felony or have a felony on your record.

They can advise you on your legal options for minimizing the long-term impact of a felony conviction.

Do expunged records show up on background checks California?

The answer depends on the type of background check being conducted and the laws in California regarding expunged records. In general, an expunged record means that the conviction or arrest has been legally erased from a person’s criminal record, but there are still situations where an expunged record may be visible on a background check.

For example, if a person is applying for a job that requires a security clearance or involves working with vulnerable populations, such as children or elderly, a more thorough background check may be required. While some employers may not consider expunged records, others may conduct a more comprehensive background check that includes information beyond the traditional criminal record.

This type of check may include information from court proceedings and other legal records, including expunged records.

Additionally, some types of background checks, such as those conducted by government agencies, may be able to access expunged records, even if they are not visible to the general public. This is because expunged records are not completely wiped from the system, and certain agencies may have access to this information for various reasons.

However, under California law, most employers cannot consider expunged records when making hiring decisions unless certain exceptions apply, such as when the job involves working with children or vulnerable populations. The California Labor Code Section 432.7 prohibits employers from asking about or considering an arrest or detention that did not result in conviction, or a conviction that has been expunged or dismissed.

While expunged records may not show up on a basic background check, they may still be accessible to certain agencies or employers conducting more extensive checks. However, California law generally prohibits employers from considering expunged records, except in certain circumstances.

Who qualifies for expungement?

Expungement refers to the legal process of erasing a criminal record or conviction from public records, making it as if the crime or conviction never happened. The qualifications for expungement depend on the laws of the state, as well as the specific circumstances of the offense.

Generally speaking, there are certain categories of offenses that may qualify for expungement. These may include:

1. Misdemeanors: Certain types of misdemeanor offenses may be expunged, depending on the state’s laws. Common examples of misdemeanors that may qualify for expungement include petty theft, disorderly conduct, and some drug offenses.

2. Non-Violent Felonies: Certain non-violent felony convictions may qualify for expungement. Examples may include low-level drug offenses or white-collar crimes.

3. Juvenile Offenses: Juvenile offenses are often eligible for expungement once the individual reaches a certain age and/or time period has passed without additional offenses.

4. Arrests and Charges: In some cases, individuals who have been arrested or charged with a crime but never convicted may be able to have their records expunged.

It is important to note that the laws surrounding expungement vary widely by state and specific circumstance. In some cases, certain crimes (such as violent offenses or sex crimes) may be ineligible for expungement, regardless of the circumstances. Additionally, certain states may require individuals to complete community service or other legal requirements before they are eligible for expungement.

Expungement can be a valuable tool for individuals with criminal records who are seeking to move on with their lives and avoid any negative consequences that may arise from a past legal situation. It is important to consult with an experienced attorney to understand your specific legal options around expungement, and to ensure that you are taking the appropriate legal steps.

How much does it cost to have your record expunged in California?

The cost of having your record expunged in California can vary depending on a variety of factors. The primary costs associated with expungement include court fees, legal fees, and the cost of meeting certain qualifications required to expunge a criminal record.

In terms of court fees, the cost for filing an expungement petition with the court in California typically ranges from approximately $60 to $120, depending on the type of criminal conviction and the county in which the petition is filed. This fee covers the cost of filing the paperwork and processing the request, but it may not include additional costs associated with the expungement process, such as attorney fees.

Legal fees can also vary depending on a number of factors, including the complexity of the case and the experience of the attorney handling the petition. Some attorneys may offer a flat fee for the entire process, while others may charge an hourly rate for their services. According to the California Courts website, the cost of hiring an attorney for an expungement process can range from $1,000 to $3,000 in some cases.

In addition to court and legal fees, there may be other costs associated with expungement in California. For example, individuals with felony convictions may be required to complete a probationary period or pay restitution before their record can be expunged, which can increase overall costs. Additionally, some employers or housing providers may charge fees for background checks, which could be necessary after an expungement is granted.

The cost of expungement in California can vary widely depending on the specific circumstances of the case. It is important to carefully review all of the costs associated with the expungement process, including court fees, legal fees, and any other associated costs, before deciding whether to pursue expungement.

Consulting with an experienced attorney can help provide guidance on the overall costs of expungement and the likelihood of a successful outcome.

Do misdemeanors go away in California?

In California, misdemeanors do not go away automatically. However, there are certain circumstances in which a misdemeanor can be expunged or dismissed from a person’s criminal record. The process of expungement usually involves filing a petition with the court where the conviction was entered, along with proof that all terms of the sentence were successfully completed.

If the court approves the petition, the conviction will be set aside and the case will be dismissed, which means it will no longer be visible on most background checks.

It is important to note that expungement does not necessarily mean that the conviction is completely erased from a person’s record. Instead, it generally means that the conviction is “sealed,” which means it is not visible on most background checks, and employers, landlords, and other individuals will not be able to access or learn about the conviction unless the person specifically lists it on a job or rental application.

However, certain government agencies, law enforcement agencies, and licensing boards may still be able to access sealed conviction records.

Additionally, expungement is not available for all misdemeanors in California. For example, serious misdemeanors such as domestic violence offenses are generally not eligible for expungement. Furthermore, even if a misdemeanor is eligible for expungement, the process can be complex and time-consuming, and it is generally recommended that individuals seek the assistance of an experienced criminal defense attorney to navigate the process.

While misdemeanors in California do not automatically disappear, there are ways to remove them from a criminal record through the process of expungement. This can provide significant benefits for individuals seeking employment, housing, or educational opportunities, and can help them move forward from past mistakes.

However, it is important to understand that expungement is not available for all misdemeanors, and the process can be complex and require the assistance of a qualified legal professional.

How long does expungement take in California?

The length of time it takes to expunge a criminal record in California varies depending on several factors. Generally speaking, the process takes between three to six months, although it can take longer in some cases.

The first step to expunging your record in California is to file the proper paperwork with the court. This generally involves filing a petition for dismissal or expungement, as well as other required documents.

Once the paperwork is filed, the court will review the petition and any supporting documentation, such as evidence of rehabilitation and compliance with the terms of probation. The court may also consider any objections from the prosecutor or victim, if applicable.

If the court grants the expungement, the criminal record will be updated to show a dismissal rather than a conviction. This means that the conviction will no longer appear on background checks, and you will be able to legally state that you have not been convicted of the offense.

The length of time it takes for the court to grant an expungement depends on several factors. These include the complexity of the case, the court’s caseload, and whether any objections are raised.

In some cases, the court may set a hearing to allow the prosecutor, victim, or other interested parties to voice their objections to the expungement. This can delay the process by several weeks or months.

The expungement process in California can take several months to complete. However, the benefits of having a clean criminal record can be well worth the wait.

Can I expunge my record myself in California?

Expungement is a legal process through which an individual’s criminal record is cleared or sealed, making it inaccessible to the public. In California, expungement is allowed under certain conditions. However, the process can be complicated, and it is always advisable to seek the guidance of a legal professional to ensure that it is done correctly.

Therefore, technically speaking, it is possible to do an expungement yourself in California, but it is not recommended. This is because the process is not straightforward and requires a good understanding of the law, court procedures, and paperwork. Furthermore, the court may require a hearing to determine if the case merits expungement, which can be complicated to prepare for and present in person.

Additionally, certain convictions may not be eligible for expungement, such as those requiring mandatory registration (e.g., sex offenses), certain serious felonies, or a history of certain criminal charges. Each case is unique, and it’s best to consult with a legal professional for guidance.

While individuals may attempt to expunge their own record in California, it is highly recommended to seek the guidance of a legal professional due to the complexity of the process, the specific requirements for each type of conviction, and the importance of ensuring that the process is done correctly.

An experienced attorney can provide appropriate guidance and representation in navigating this process effectively.

How do I check my expungement status?

Checking the status of your expungement can vary depending on the state and jurisdiction in which you filed. However, here are some general steps you can follow to check on the status of your expungement.

1. Contact your attorney: If you hired an attorney to handle your expungement, they should be able to provide you with all the necessary information related to your case. You can contact them directly and ask about the status of your case.

2. Check the court records: If you filed the expungement on your own, you can check the court records online or in-person to see the current status of your case. Look for the case number assigned to your case and use it to search the court records. In some cases, you may need to pay a fee to access the records.

3. Verify with the state agency: Depending on the state you filed in, there may be a state agency responsible for managing expungement cases. Contact the relevant agency and provide your case number or other identifying details to inquire about the status of your case.

4. Follow-up with the court clerk: If you have already filed your expungement and haven’t heard any updates, you can also try contacting the court clerk responsible for your case. They may be able to provide you with information about the timeline and status of your case.

Finding the status of your expungement can require some effort and time, but it is important to ensure that your record is cleared if eligible. Keep in mind that the length of time it takes for an expungement to be granted varies depending on the state and jurisdiction, so it is essential to have patience and keep in contact with the relevant parties involved.

Do felonies go away after 7 years in California?

No, felonies in California do not typically go away after 7 years. A felony conviction may remain on an individual’s record indefinitely, depending on the type of crime they were convicted of. However, some criminal records may be expunged, or sealed, by the court after a period of time.

This means that the public would not be able to see the person’s criminal record or background check.

An individual may be able to have their felony crime removed from their criminal record through a process known as a Certificate of Rehabilitation and/or a governor’s pardon. Depending on the crime, an individual may be able to submit an application for either at any time.

Additionally, if an individual has been convicted of a certain type of crime and after seven years, they have not committed any additional offenses or returned to prison, they may be able to argue in court for a dismissal or reduction of the felony charge.

Having a lawyer present when making this argument is highly recommended.

Ultimately, whether or not a felony in California can go away after seven years depends on various factors and is best assessed on a case-by-case basis.

What rights do felons lose in California?

In California, felons lose certain rights as a consequence of their conviction. The loss of these rights depends on the nature of the felony offense they have committed. Once a person is convicted of a felony in California, they will lose their right to vote until they complete their sentence or are granted probation.

If a person is serving a prison sentence or is on parole, their voting rights are suspended until they have been discharged.

Beyond the loss of voting rights, felons in California lose certain employment opportunities, such as the ability to work in law enforcement, certain government positions, and other jobs that require a license. They also lose the right to bear arms, meaning they cannot legally possess firearms or ammunition.

This is a lifetime restriction for some felonies, while others may have the option to petition for restoration of the right to possess firearms after a certain period.

In addition to these rights, felons may also have their right to serve on a jury suspended, depending on the nature of the offense. They may also have limitations on their ability to obtain certain types of professional licenses, as some require a background check that may limit employment opportunities for those with a felony conviction.

It’s also important to note that some of these rights may be restored based on the nature of the felony offense and the individual’s efforts towards rehabilitation. For example, some convictions may be reduced to misdemeanors, or the individual may be granted probation, which could lead to the restoration of voting rights.

They may also have the option to petition the court for the restoration of certain rights such as possession of firearms.

Felons in California face significant restrictions on their rights as a result of their conviction. However, depending on the circumstances, some of these rights may be restored. It’s important for individuals to understand their rights and work towards rehabilitation in order to regain some of the privileges they may have lost.

Resources

  1. What Types of Criminal Charges Can Be Expunged in …
  2. Reasons Why an Expungement May be Denied in California
  3. What types of convictions can’t be expunged?
  4. What Criminal Records Cannot be Expunged in California?
  5. What Crimes Can be Expunged in California?