In California, there is no such thing as a true expungement. In fact, they don’t even call the relief pursuant to Penal Code Section 1203.4 an expungement anymore. It’s now called a dismissal because if you’re successful and you’re able to get your matter dealt with by way of Penal Code Section 1203.4, what someone would see if they looked at your criminal record is that you had the case and the case was ultimately dismissed. There is no longer any such thing as what we would typically think of an expungement, which is where they completely seal or erase your record.
Not all cases are eligible to be dismissed. All of these issues need to be discussed with your attorney. Let the attorney look at exactly what you were convicted of. Another little thing to look out for is if you were convicted of a felony, you’re going to want to try to reduce the felony to a misdemeanor before you expunge it, if that is something that is available to you based on the criminal charges that you pled guilty or no contest to.
Who Is Eligible For An Expungement In California?
Anyone who is convicted of a crime and has served all their probation or served at least a year of probation is eligible to apply for an expungement. If you’ve only served a year of probation and you have a three year probation period, you have to file a motion to terminate your probation early before you can try to dismiss the case. Another requirement is that the crime that you were convicted of is eligible to be dismissed.
Lastly, in order to try to dismiss your case, you have to be in a position where you have complied with all the terms and conditions of probation, although I have been successful at dismissing cases where people have violated. Lastly, you can’t have served a prison sentence. If you get sent to prison, you’re not eligible for a dismissal pursuant to Penal Code Section 1203.4
There’s no charge that is automatically expunged in California. If you want to get your matter dismissed when probation ends, call your attorney. As long as you did everything you were supposed to do and you didn’t violate your probation, you’re going to be in a good position to be successful.
It is sometimes difficult to get certain cases expunged/dismissed if the person has violated their probation in any significant way. If you have a case that’s eligible to be expunged and you did everything that you were supposed to, then it really becomes a matter of a right to get your matter expunged. If you do the paperwork right, you’ve completed your probation, and haven’t had any violations, then it’s expected that the expungement will be granted.
Pending Criminal Case and Record Expunged In California
One of the things that the judges do when they decide whether to expunge a matter is run your criminal record. If you’re currently on probation for that case or any other case, they will deny the expungement. If you have an open case pending that you’re trying to fight, they’re going to deny the expungement.
You have to have no cases pending against you and have successfully completed your probation before you are even going to be eligible to attempt to expunge your matter.
For more information on Having A Record Expunged In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.