When it comes to criminal defense in Los Angeles, these terms are thrown around. An expungement typically occurs once a person's probation is over or at least a year has passed, allowing for the termination of probation early. The person hasn't gone to prison, and it's a crime that can be sealed; the person can file a motion and pay a fee to have the expungement. It's typically best to have an attorney handle it to ensure it's done correctly and increase the chances of success.

It's important to note that an expungement in California doesn't completely erase your record. Instead, it results in a dismissal of your case. This means that when someone looks up your record, they'll see that you had a case, but it was dismissed upon the grant of expungement.

So, even though this can be done — and probably should be done in relation to a conviction — it doesn't provide the best form of relief. However, in California, this is typically the best remedy if you have a sentence to obtain a dismissal under Penal Code 1203.4 PC. This dismissal provides a significant form of relief, offering a fresh start and a chance to move forward. 

Case Dismissal in California

A dismissal can be granted in various situations. For instance, if you receive a not guilty verdict from a jury, your case could be dismissed. Several other circumstances could lead to a case dismissal.

So, a dismissal is very close to an expungement in the sense that typically, when somebody looks you up, they're going to see that your case was dismissed versus seeing nothing, which is, of course, what you want. So, that gets us to the seal and destroy.

Sealing and Destroying Records in California

Sealing and destroying a record is a rare but powerful tool in criminal defense. There are minimal circumstances where you're going to be able to lock and beat a record. This term is typically used in juvenile defense because, in a juvenile case, an individual can admit to a petition, be found guilty, serve their sentence, and then file a motion to seal and destroy their record. The rarity of this process underscores its importance and potential impact on your future.

Specific requirements have to be met to file that motion. You'll want to consult with your criminal attorney about it, as not all crimes can be sealed and expunged, and there must be specific circumstances to qualify for sealing and expungement.

Once it's sealed and destroyed, it's a beautiful thing. No one from the public can see it, and typically, law enforcement can't even see it when they do a record check. So, the key to sealing and destroying is that if you obtain it, the Department of Justice can't find it either. People are checking for jobs through the Department of Justice's computer, so if they can't find it, it's basically as though it didn't exist.

Another area where I see the concept of a record being sealed and destroyed is in the context of an arrest record. For the last twenty-five years that I've practiced criminal defense in San Fernando Valley, it used to be that you could not get an arrest record sealed and destroyed unless you could prove that the client was factually innocent of the crime they were arrested for, which was a very difficult, if not almost impossible standard.

You almost had to be accidentally arrested, and then they say, "We got the wrong guy." But if they did that, why would they put your fingerprints in there, even if they had to seal and destroy them?

A new law has been enacted that allows individuals who are arrested but not charged by prosecutors to file a motion to seal and destroy their arrest record. With this new law, you have a much higher probability of getting it granted.

Therefore, if you have a criminal conviction and are trying to determine what to do with it, you want to achieve the best possible outcome. You should sit down with an attorney because there are other options available. A seasoned criminal defense attorney can help you navigate the complex legal system, understand your rights, and determine the best course of action for your specific situation. You can file a motion to reduce some cases from a felony to a misdemeanor. Some Propositions have been passed that permit you to do certain things. The need for professional guidance in these matters cannot be overstated.

Several positive developments are underway in California, as the Governor has signed numerous new laws and several Propositions have been passed. These changes significantly impact your options for criminal defense. So, figuring out whether you're going to do an expungement, you're going to try to seal and destroy the record, or you're going to look for an outright dismissal is something you need to do in coordination with a seasoned criminal defense attorney that has all the facts and circumstances related to your case.