As a follow up to our last post comparing felonies, misdemeanors, and infractions, today's post reviews expungement, the process by which some people can have convictions removed from their criminal records.
California Penal Code 1203.4 provides certain people convicted of crimes the opportunity to have their criminal records expunged. Expungement is meant for people who were found guilty of a crime but have subsequently turned their lives around. It is critical to remember that the criminal record remains; instead of a conviction, though, it shows a dismissal of the charges.
To qualify for expungement, a person must have completed probation, paid all fines and restitution, not spent time in state prison for the offense, and not currently have any criminal charges pending.
The person seeking the expungement has his/her attorney file a petition with the court asking for the case to the reopened and the conviction set aside. The petition identifies the previous conviction and describes the reasons the court should change the record from conviction to dismissal. Backing evidence, such as a written statement by the petitioner and letters from people who can attest to the petitioner's quality of character, is submitted to the judge for review. The role of the attorney is to convince the court that the petition has merit.
In most instances, expungement allows a person who has a conviction to say truthfully on an employment application that he has not been convicted of a crime. No matter the circumstances, expungement is seen as furthering justice and letting people who have become productive, law-abiding citizens the chance to participate in and contribute to society.
It must be noted that some important limitations to the expungement process do exist: First, not all convictions are eligible for expungement. Second, applicants for some government employment and certain state granted licenses must say that they have a conviction that was dismissed. In other words, they still have to acknowledge the conviction.
Finally, though juvenile offenses do appear on a criminal record, it is possible to petition to have those records sealed when a person becomes an adult. Though this is not part of the expungement process, it is an important step in helping people rehabilitate their lives. As with expungement, a quality defense attorney can assist with this process.
If you have questions about expungement, call the Law Office of Nancy King. We have extensive experience in all types of expungement cases.
