Criminal Record Expungement:
California Penal Code Section 1203.4
New Law Alert:
On July 1, 2023, a new law takes effect in California under which most ex-offenders who have completed their sentences and have not been convicted of any other felonies or misdemeanors for a total of four years should have their conviction and arrest records automatically sealed. Traditionally, you would have to go through a lengthy legal process to expunge your conviction record and seal your arrest record. This means that the records will be removed from public view and will not be accessible to most employers, landlords, and other members of the public. Some exceptions do apply, however. If you want to expunge your record before the 4 year automatic expungement, however, contact us to get a free consultation.
The law, known as SB-731, applies to a wide range of offenses even including domestic violence, but excludes those convicted of serious and violent felonies or felonies requiring sex offender registration. This means that people convicted of crimes like murder, attempted murder, and kidnapping will not be eligible for automatic expungement under the new law and would have to seek other remedies, like a pardon.
Because of the complexity of these issues, it’s important you reach out to one of the experienced attorneys at Gomez, Radford, & Rome who can help you understand your options and guide you through the expungement process.
What is Criminal Record Expungement?
Criminal record expungement is the process of legally hiding records of criminal convictions. This is governed by California Penal Code Section 1203.4. Expungement is also sometimes known as “expunction.” This process is different from having your record “sealed” and there are some very technical differences. You can seal your record of arrest, which is a different motion, and some juvenile cases can be sealed, but for most people, an adult criminal history needs to be expunged with a PC 1203.4 motion.
The process of expunging a criminal record typically involves waiting until you’re off of probation before petitioning the court and having a hearing to determine your eligibility and if your record should be sealed. After that, if your petition is granted, the record is removed from public view and is no longer accessible to most employers, landlords, and other members of the public. In some cases, the record may still be accessible to certain government agencies, such as law enforcement agencies, but it is generally not available to the general public.
Expungement is generally only available for certain types of criminal offenses and under certain circumstances. For example, some states allow people to expunge certain nonviolent offenses if they have completed their sentence and have not been convicted of any other crimes for a certain period of time. Other states have more restrictive expungement laws and may only allow expungement in limited circumstances.
Am I even eligible?
In order to expunge your criminal record, the biggest roadblock that many people face is that you must not have gone to state prison on the charge you wish to expunge. That means many felonies are not eligible for a motion to expunge your record. If you served time in a state prison, you are not eligible for expungement under the new law, but a county jail facility does not impose the same restrictions. This limitation is one reason it’s so important to work with the best criminal defense attorneys you can before you’re convicted. There are some rare exceptions however, so if you’re not sure, talk to a criminal defense attorney today.
You must not be actively serving a sentence or on probation for any other case when you apply for expungement. Make sure your cases are already resolved and you’ve complied with all of the terms of probation before trying to have your record expunged. If you have pending cases that have not yet been completely wrapped up, your petition for expungement can be denied and prosecutors would certainly object to your motion. Fortunately, there are some exceptions that apply and a good attorney can make a motion under California Penal Code Section 1203.3 to end your probation early. These are very difficult motions to win and require a strong and persuasive argument.
If you were given a split sentence, you must wait one year after your sentence is completed to apply for expungement. A split sentence is a sentence where as a term of your plea-bargain you were required to spend a term in a county jail facility with the remainder of your sentence out on probation.
If you were not required to serve a term of community supervision after your release, you might have to wait two years after your sentence is completed to apply for expungement.
One thing to keep in mind: If your case was a “wobbler” (a crime that can be charged as either a felony or a misdemeanor), you may even be able to petition the court for a reduction to a misdemeanor. However, the decision to grant the reduction is at the discretion of the court and is not automatically granted. Prosecutors will often fight these reductions in court at your hearing.
Please note that these are only general eligibility criteria and may not apply to every situation. It is always advisable to connect with a top law firm like ours when you’re considering hiring someone to help guide you. We can help you understand your specific eligibility for expungement and guide you through the process.
What are the Benefits to having my record expunged?
Having your criminal record expunged can offer several benefits. Here are a few reasons you might want to consider seeking expungement:
Improved Employment Prospects:
A criminal record can make it difficult to find a job, as many employers are hesitant to hire people with a criminal history. Expunging your record can make it easier to find employment, as the record will no longer be accessible to most employers during the hiring process.
Better housing options:
A criminal record can also make it difficult to find housing, as landlords may be hesitant to rent to someone with a criminal history. Expunging your record can make it easier to find a place to live.
Reduced stigma:
Having a criminal record can carry a social stigma, which can make it difficult to form relationships and participate in community activities. Expunging your record can help reduce this stigma and allow you to fully participate in your community.
Improved access to education and professional licenses:
A criminal record can also make it difficult to gain admission to certain schools or obtain professional licenses. Expunging your record can improve your chances of being accepted to school or obtaining a professional license.
Why choose us?
Gomez, Radford, & Rome, LLP is a top-rated law firm with a team of experienced attorneys who have a proven track record of success in helping clients expunge their criminal records. Our attorneys have a unique advantage, as they have previous experience working as prosecutors and have an in-depth understanding of the criminal justice system. This allows us to anticipate the objections and arguments that may be raised by prosecutors and to effectively counter them in court. We’ve successfully argued for and against these motions so we know how to win for our clients.
In addition to submitting the necessary forms, our attorneys go above and beyond by drafting customized motions that are tailored to our clients’ specific situations. This takes time and effort, but it can greatly increase the chances of a successful outcome. Our attorneys have a reputation for being able to persuade judges and prosecutors to grant expungement motions, even in cases where the prospects may seem bleak.
Our firm is also proud to be diverse, with attorneys who represent a wide range of backgrounds and experiences. This diversity gives us a unique perspective and allows us to better understand the needs and concerns of our clients. We are committed to providing personalized, compassionate representation to every client we serve.
We are pleased to serve clients throughout southern California, including Riverside County, Ventura County, Los Angeles County, and San Bernardino County. If you are seeking to have your criminal record expunged, we encourage you to contact Gomez, Radford, & Rome to schedule a consultation with one of our experienced attorneys. We are confident that we can provide the skilled representation you need to achieve the best possible outcome in your case.