Criminal records can haunt you for a long time and even affect your ability to get a job, rent a home, or obtain certain professional licenses. Fortunately, California law allows some people to have their criminal convictions expunged or dismissed, which means that their convictions will be hidden from most employers and other entities that conduct criminal background checks. However, not all types of crimes can be expunged in California. In this blog post, we'll explore the types of crimes that can be expunged in California and how to obtain an expungement.
Types of Crimes That Can Be Expunged in California
Under California law, you can generally have a criminal conviction expunged if it is a misdemeanor or a felony that can be reduced to a misdemeanor. That means that felonies that cannot be reduced to misdemeanors, such as murder, sexual offenses, and some types of domestic violence, cannot be expunged.
However, the list of crimes that can be expunged is still quite extensive, including offenses such as DUI, drug offenses, theft, and some types of assault and battery.
What Types of Crimes Can’t Be Expunged in California?
It's also worth noting that certain types of criminal records cannot be expunged, even if the crime itself is eligible for expungement. For example, convictions for sex offenses involving minors cannot be expunged, and neither can convictions for domestic violence that resulted in injury to the victim.
How Can I Have a Criminal Conviction Expunged in California?
If you meet the eligibility criteria for expungement, you can petition the court for relief. You will need to file a motion with the court that sentenced you, pay a fee, and attend a hearing. Bring your proof of completion of probation or parole, as well as any other documentation that may be relevant to your case. The judge will consider your petition and decide whether to grant the expungement based on the factors that are relevant in your case.
Can My Criminal Record Still Be Accessed If It’s Expunged?
Even if your conviction is expunged, some employers, law enforcement agencies, and other entities may still be able to access your criminal record. In addition, if you are seeking a professional license, you may still be required to disclose your conviction, even if it has been expunged. However, most employers and landlords will not be able to access your expunged record, which can greatly improve your chances of securing employment or housing.
Schedule a Free Consultation with Our Experienced Expungement Attorneys in California Today
If you have a criminal conviction on your record and want to explore the possibility of getting it expunged, it's important to consult with a qualified attorney who can help you through the process. At Appel & Morse, our criminal defense attorneys in Santa Barbara understand the complexity of the expungement process and are here to help. With our expertise, we'll guide you through the process of filing your expungement petition properly. Even if you're still on probation, we can help you get early termination and reclaim your life.
To learn more about securing an expungement in California, please give Appel & Morse a call at (805) 467-6060 or contact us online today. Our experienced expungement attorneys in Fresno offer free consultations.