Expungements & Criminal Record Relief in California
A criminal conviction can continue affecting a person’s life long after a sentence, probation, or jail term has ended. A record may appear during a background check, create obstacles when applying for employment or professional licensing, or affect other opportunities. Fortunately, California law provides several forms of criminal record relief that may reduce the impact of a past conviction.
California does not have a single process that completely erases every criminal record. Instead, the appropriate form of relief depends on factors such as whether the case resulted in a conviction, the type of conviction, the sentence imposed, whether probation was completed, and what has happened since the case ended.
For someone with a past conviction in San Bernardino County, Rancho Cucamonga criminal defense attorney John D. Lueck helps clients understand the available options as the first step toward determining whether the record can be dismissed, reduced, sealed, or otherwise mitigated.
What Does “Expungement” Mean in California?
People commonly use the term “expungement” to describe the process of clearing a criminal conviction. California’s primary post-conviction relief procedure, however, is technically a dismissal under Penal Code § 1203.4 and related statutes rather than an erasure of the criminal record.
When a qualifying conviction is dismissed, the conviction is set aside and a plea of not guilty is entered. The case is then dismissed. The original court record is not simply destroyed, however. California courts explain that this type of relief does not constitute a true sealing or erasure of the underlying criminal record.
Even so, dismissal can provide meaningful benefits. For example, California law generally allows a person whose conviction has been dismissed under the applicable provisions to state in many employment applications that they have not been convicted of that offense, subject to important exceptions.
The exact effect depends on the circumstances, which is why it is important to determine what type of record relief is actually available rather than assuming that an “expungement” will eliminate every reference to a conviction.
Who May Qualify for a California Expungement?
Eligibility for dismissal depends on the person’s criminal history and the outcome of the particular case.
For many misdemeanor convictions, a person may seek dismissal after completing probation and satisfying the conditions imposed by the court. If the person completed probation or obtained early termination, the court generally must grant a qualifying petition. If the person did not complete probation, the court may still grant relief when doing so is in the interests of justice.
There are also circumstances in which a person who was never placed on probation may seek dismissal after a required waiting period.
Felony convictions can sometimes be dismissed as well. Eligibility depends on the sentence, the offense, probation or supervision status, and whether the person has any pending cases. California courts explain that a person seeking dismissal of a felony generally must not have a new case pending and must not currently be on probation or parole in another case. Someone still on probation may need to seek early termination under Penal Code § 1203.3 before pursuing dismissal.
Not every conviction qualifies. Certain serious offenses and circumstances require different forms of relief or may make a person ineligible for dismissal.
Can a Felony Be Reduced to a Misdemeanor?
In some circumstances, yes. California law permits certain felony convictions to be reduced to misdemeanors under Penal Code § 17(b).
This can be particularly important when a conviction was for an offense that was punishable as either a felony or a misdemeanor and the circumstances of the sentence make the person eligible for reduction.
A felony reduction does not mean that the underlying case disappears. Instead, the conviction is reclassified as a misdemeanor, potentially reducing some of the consequences associated with a felony conviction.
The distinction can be particularly important for employment, licensing, and other situations in which felony status matters. An attorney can review the original charging statute and sentence to determine whether a reduction may be available.
What If You Were Arrested but Never Convicted?
A person who was arrested but never convicted may have a different form of relief available.
Under Penal Code § 851.91, qualifying arrest records may be sealed in circumstances such as when charges were never filed, charges were dismissed, the defendant was acquitted at trial, or the person completed certain diversion programs. California law also provides for automatic record relief in some circumstances.
Sealing an arrest record can be significantly different from dismissing a conviction. When a court grants an eligible sealing petition, the arrest and related records generally become unavailable to the public, although certain government agencies may continue to have access.
Consequently, someone who was arrested but never convicted should not necessarily pursue an expungement. A record-sealing procedure may be more appropriate.
What About Automatic Record Relief?
California also has provisions for automatic record relief in certain circumstances. Penal Code §§ 851.93 and 1203.425 provide for automatic relief involving qualifying arrests and convictions.
Automatic relief does not mean that the underlying information is literally deleted from the state’s criminal history databases. The California Department of Justice explains that records receiving automatic relief remain in its state summary criminal history information record, but the record is marked to reflect that relief was granted and dissemination is restricted in specified circumstances.
This distinction matters because a person may believe that a record has disappeared when it has actually been subject to restrictions on disclosure.
Can a Certificate of Rehabilitation Help?
For some people with more serious criminal histories, a Certificate of Rehabilitation may provide another avenue for mitigating the consequences of a conviction.
A Certificate of Rehabilitation is a court order recognizing that a person convicted of a qualifying offense has been rehabilitated. It does not erase or seal the criminal record. However, it may help demonstrate rehabilitation when applying for employment or certain professional licenses.
Eligibility requirements can be substantial. Generally, applicants must satisfy California residency requirements and a period of rehabilitation, and the precise requirements depend on the conviction and sentence. California courts state that the applicable rehabilitation period is generally at least seven years after release from custody, probation, or parole, with specific statutory rules determining the applicable period.
A Certificate of Rehabilitation also serves as an application for a gubernatorial pardon. If the court grants the certificate, it is forwarded to the Governor’s Office for consideration.
What Does a California Pardon Do?
A gubernatorial pardon is another form of post-conviction relief, although it is not the same as an expungement.
The California Constitution gives the Governor authority to pardon people convicted of crimes in California. A pardon can restore certain rights, but it does not automatically erase or seal the criminal record. Pardons are discretionary and relatively rare.
For people with multiple felony convictions, additional requirements involving the California Supreme Court may apply. Because a pardon involves different eligibility requirements and potential benefits than a dismissal or reduction, determining which remedy best addresses a person’s particular circumstances is important.
Why Criminal Record Relief Matters
A past conviction does not necessarily have to remain an unchanged obstacle forever. Depending on the circumstances, dismissal, reduction, sealing, a Certificate of Rehabilitation, or a pardon may help mitigate the consequences of a criminal record.
The appropriate remedy also depends on the person’s objective. Someone primarily concerned about an employment background check may have different priorities from someone seeking a professional license or attempting to address restrictions resulting from a felony conviction.
Important limitations may exist. For example, dismissal of a conviction does not necessarily restore firearm rights, eliminate every registration requirement, or prevent the conviction from having consequences in future criminal proceedings.
For noncitizens, criminal record relief can also involve immigration considerations. A dismissal under California law does not necessarily eliminate the immigration consequences of a conviction, so immigration counsel may be appropriate when a person’s immigration status could be affected.
How a Criminal Defense Attorney Can Help
Determining whether you qualify for criminal record relief often requires reviewing the original case rather than simply looking at the name of the conviction. An attorney may need to examine the charging documents, conviction, sentence, probation history, subsequent criminal record, and current status.
Attorney John D. Lueck, a Rancho Cucamonga criminal defense lawyer serving clients throughout San Bernardino County, can evaluate whether a past conviction may qualify for dismissal, reduction, or another form of relief.
Depending on the circumstances, legal counsel can help determine which procedure is appropriate, prepare the necessary petition, address objections from the prosecution, and present evidence supporting the request. Having an attorney involved can also help avoid pursuing a form of relief that does not accomplish the person’s particular goal.
Take the Next Step Toward Criminal Record Relief in San Bernardino County
A conviction from years ago does not necessarily have to continue affecting every aspect of your future. California provides several ways to reduce the impact of qualifying criminal records, but eligibility and available remedies depend heavily on the details of the individual case.
If you have a past misdemeanor or felony conviction in Rancho Cucamonga or elsewhere in San Bernardino County, contact Attorney John D. Lueck to discuss your options. An experienced criminal defense lawyer can review your record, explain what forms of relief may be available, and help you pursue the appropriate path toward putting your past conviction behind you.
