Expungement and Record Sealing: How to Clear Your Criminal Record

A criminal record can significantly impact your life, even after your sentence has been served. The stigma of a criminal conviction or even an arrest can close doors that would otherwise be open. It can affect your ability to find a job, secure housing, and move forward.

Fortunately, California law provides options to minimize these consequences, including expungement and record sealing. If you are looking to expunge a conviction or seal your record, the Law Office of Amy Chapman is here to help. Our Santa Rosa expungement lawyers can review your case and help you take the necessary steps to move on with your life after a conviction. Contact us today at 707-636-3207 to learn more in a free consultation.

What is Expungement in California?

Each state has different laws regarding expungement. In California, expungement is a legal process that allows you to have a conviction dismissed if you meet certain conditions. According to California Penal Code §1203.4, expungement does not erase the conviction but changes the record to show that the case was dismissed. The applicant withdraws their guilty plea and enters a new plea of not guilty.

For example, if you were convicted of a misdemeanor and completed all terms of your probation, you could be eligible for expungement. Once granted, you could honestly say that you were not convicted of that crime in applications for employment, housing, and most other places that you are asked about a criminal record. 

However, it’s important to remember that expungement does not completely erase all records of the conviction. Law enforcement and certain government agencies may still see a record of it when conducting background checks. Additionally, expungement is not available for all offenses. Serious crimes, such as certain sex offenses, are ineligible. You can determine whether your offense qualifies for expungement in California by consulting with an experienced California criminal defense attorney.

What is Record Sealing in California?

Record sealing is different from expungement. It involves making certain records inaccessible to the public but does not erase them. This process is most commonly used for arrest records that did not lead to a conviction and some juvenile records. 

If you were arrested in California but not convicted, you might be eligible to seal your record under California Penal Code §851.91. Once sealed, you do not need to mention the arrest on applications for employment, housing, and other areas.

Eligibility for Expungement and Record Sealing in California

Eligibility criteria for both expungement and record sealing depend on various factors, including the type of offense, the outcome of the case, and the applicant’s criminal history.

Expungement Eligibility

To qualify for expungement in California, you generally need to have:

• Completed probation or jail time, if applicable;
• Paid all fines and restitution;
• No current charges or open cases;
• No pending probation violations.

Certain felonies and most misdemeanors may be eligible, but serious sex offenses or offenses that require time in state prison after Realignment under California Penal Code §1170(h) are typically not eligible.

Record Sealing Eligibility

According to the Judicial Branch of California, record sealing may be an option in any of the following scenarios:

• If you were arrested, but no formal charges were filed against you.
• If you were arrested and charged, but the case was eventually dismissed.
• If you completed a diversion program, leading to the dismissal of the charges.
• If you completed a Deferred Entry of Judgment (DEJ) program and fulfilled all conditions, resulting in dropped charges.
• If you went to trial and were found not guilty.

Recent changes in California law have made it easier to seal certain records. Under California’s new Clean Slate Law, many minor offenses are now automatically sealed after completing a sentence. Additionally, juvenile records are often sealed automatically when you turn 18, as long as there are no ongoing issues.

How to Apply for Expungement or Record Sealing in California

Applying for expungement or record sealing in California involves several important steps. An experienced California expungement lawyer can guide you through these steps and ensure that you have the best chance of successfully expunging or sealing your record.

Gather the Necessary Documents

Once you have determined your eligibility, you will need to collect all required documentation. Gather court records, arrest reports, your case number, and proof that you’ve completed all terms of your sentence, such as probation and fines. Make sure you have accurate and complete records, as any errors or omissions can slow down the process and may result in a denial. Your lawyer can help you gather all documentation and ensure you have everything you need before applying.

File a Petition with the Court

To begin the expungement or record-sealing process, you must file a formal petition with the appropriate California Superior Court. If you’re applying for expungement, this is usually the court in the county where you were convicted. For record-sealing, especially for arrest records that did not result in a conviction, you’ll file a motion to seal with the court. This step may involve paying a filing fee, but you might be eligible for a fee waiver if you have financial difficulties.

Attend a Court Hearing

The court will schedule a hearing to decide whether to approve the request. This hearing is an opportunity for you to present evidence supporting your case, such as proof of rehabilitation, employment history, or community involvement. A California criminal defense attorney can help you prepare for the hearing and represent you in court.

Receive the Court’s Decision

After reviewing the petition, supporting documents, and any evidence presented during the hearing, the judge will make a decision. If the court approves your request, they will issue an order to expunge or seal the record and update it to reflect the change. If your petition is denied, you may have the option to appeal the decision or address any issues that led to the denial and reapply. Once your record has been expunged or sealed, it’s a good practice to verify that the changes are reflected in public databases, such as your record with the California Department of Justice.

What Happens After Expungement or Record-Sealing in California?

Getting your record expunged or sealed can be a major weight off your shoulders, as you no longer need to worry about the common hurdles associated with a criminal record.

Improved Employment Opportunities

You are likely to see a significant improvement in job prospects after expunging or sealing your record. In California, employers are generally not allowed to ask about expunged or sealed convictions. For most positions, you can legally answer “no” when asked if you have a criminal record. However, certain jobs, such as those in government or law enforcement, may still require disclosure.

Better Access to Housing

A sealed or expunged record can also make it easier to find housing. Landlords often run background checks before approving rental applications, and a criminal conviction may result in a denied application. Even if a landlord does happen to see a sealed record, the fact that the issue has been addressed can work in your favor.

Easier Professional Licensing

Expungement and record-sealing can make it easier to obtain or retain professional licenses, including those in healthcare, education, and finance. Although certain California licensing boards may still ask about past convictions, an expungement shows a commitment to rehabilitation. In most cases, sealed records do not need to be disclosed.

Learn More About Expungement and Record-Sealing From a Santa Rosa Criminal Defense Attorney

Are you struggling to move on with your life after a criminal conviction? Fortunately, California law allows many offenses to be expunged or sealed. At The Law Office of Amy Chapman, we help clients expunge and seal records so that they have a fair shot at a second chance following a conviction. Contact us today at 707-636-3207 to discuss your case in a free consultation.