Expungement Attorney in California
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A criminal record can continue to affect your life long after a case is over. Many people in California struggle with employment opportunities, housing applications, professional licensing, or education because a past conviction still appears on background checks. Even when you have completed probation and met all court requirements, the consequences of a conviction can linger.
California law allows certain convictions to be dismissed through the expungement process. While expungement does not completely erase a criminal record, it can remove a conviction from public view and improve how your background appears to employers and other third parties.
At Law Office of Rebecca Feigelson, we help individuals across California pursue expungement and take steps toward moving forward. If you are unsure whether you qualify or how the process works, speaking with an expungement attorney can help you understand your options and next steps.
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The Benefits of Expungement
The benefits of expungement are vast and can significantly improve the quality of life for those with a criminal record.
For starters, having a felony expunged can provide immense psychological relief as it removes the stigma associated with being labeled a convicted criminal. This can improve self-esteem and mental well-being, increasing the individual’s chances of rehabilitation and positive societal reintegration.
From a practical standpoint, clear criminal records can open up a world of opportunities previously closed due to criminal convictions. It facilitates more accessible access to employment, as many employers hesitate to hire individuals with criminal records. With expungement, the conviction will not appear on most background checks, providing an equal footing with other job applicants.
Additionally, expungement can ease the path to securing housing and higher education opportunities, often requiring background checks. It can even restore certain civil rights, such as voting or serving on a jury.
However, it’s important to note that expungement does not completely erase a criminal record. Law enforcement agencies and certain government entities may still have access to the records, but they will no longer be visible to the general public.
Expungement Under the California Penal Code Section
In California, the expungement process is a legal procedure that petitions the court to permanently remove a criminal conviction from a person’s criminal record. It enables the convicted person to withdraw the guilty verdict or plea from their case and enter a new “not guilty” plea. Then, the conviction is set aside, and the case will be dismissed.
The process is governed by the California Penal Code, which states the requirements and circumstances for granting expungement. However, the expungement process in California is not absolute, as the records are not erased or destroyed.
California expungement cleans up a person’s criminal history by making the records unavailable or invisible during background checks by third parties, such as potential employers, to help the convict move on with life after serving their sentence.
If granted, it releases you from “all penalties and disabilities” from your misdemeanor or felony conviction. This means you may no longer have to disclose the conviction to potential employers upon a conditional offer of employment.
Nevertheless, the expunged criminal records may remain visible to law enforcement officers and judicial authorities.
Types of Expungement
There are two types of expungement available under California law, as follows:
Mandatory Expungement
Sometimes, the court must grant expungement to those qualified once they file a petition. Such cases include felonies and misdemeanors where:
- The penalty involved probation or a county jail sentence
- The convict fulfilled the terms and conditions of their probation or was granted early termination of probation.
In such cases, expungement is usually granted automatically.
Discretionary Expungement
In discretionary expungement, the grant of the convict’s application is subject to the judge’s discretion. This type of expungement applies in cases other than those mentioned above.
The petitioner would need to convince the judge to make an expungement order in their favor to get relief. If your case falls within this category, having an experienced expungement attorney to advance convincing arguments might do the trick and get the court to rule in your favor.
Who Qualifies for Expungement in California?
Generally, you can apply to clean your criminal record in California if no new cases are pending against you and you are not on probation or parole in any other criminal case. There are also specific eligibility requirements for different crimes, so you might have to consult an attorney to determine the qualifications for your particular offense and get an assessment.
Expungement Eligibility: Criteria and Exceptions
To be eligible for expungement under California law, individuals must meet the following conditions:
- Completion of probation: Applicants must have successfully completed probation for the offense. This includes fulfilling all conditions of probation, such as paying fines, completing community service, attending counseling, and not committing any new crimes.
- Misdemeanor or felony convictions: Both misdemeanor and felony convictions are eligible for expungement, provided the sentence did not include time in state prison. Felonies that could have been prosecuted as misdemeanors (wobblers) may also qualify.
- No Pending Charges: At the time of application, the individual must not be facing charges for any offense, on probation for another offense, or serving a sentence for any crime.
However, there are notable exceptions. Certain convictions preclude eligibility for expungement, including:
- Serious sexual offenses against minors
- Some vehicular manslaughter charges
- Crimes that were sentenced to state prison under certain sections of the California Penal Code.
Understanding these eligibility criteria and exceptions is crucial for those seeking to clear their record. It’s a complex process, often requiring the expertise of a skilled attorney to navigate successfully.
What Crimes Can Be Expunged in California?
Many crimes can be expunged in California, including felony and misdemeanor convictions. In most cases, whether or not you’re eligible for expungement depends on the facts of each case, and whether you have successfully served your sentence, and whether you’ve been guilty of probation violation.
To ascertain your eligibility, you might need to contact a criminal defense attorney whose practice area involves the offense for which you were convicted. For example, if you’re dealing with a DUI or assault conviction, getting a DUI lawyer or assault lawyer in Oakland, CA, to help with your expungement increases your chances of success, especially when your case falls under discretionary expungement.
Nevertheless, some criminal convictions cannot be expunged in California. If you’ve been convicted of such crimes and served your sentence in a state prison, you might have to live with the consequences forever.
What You Need for Your California Expungement
To apply for expungement in California, you’ll need to have the following information about your case:
- Your case number
- The date of your conviction or arrest (if you were not convicted)
- The county where you were convicted or arrested
- The section of the California Penal Code under which you were convicted or arrested.
This information usually forms part of your criminal record or Record of Arrest or Prosecution (RAP) Sheet. If you do not have a copy of your record, your attorney can help you obtain one from the court.
How Our California Expungement Attorney Can Help
The expungement process involves more than filing paperwork. Eligibility depends on how your case was resolved, whether probation was completed, and how the conviction was sentenced. Mistakes or missing information can lead to delays or denials.
Our office assists clients by carefully reviewing their criminal history and determining whether expungement may be available under California law. We prepare and file expungement petitions, ensure court requirements are met, and address any issues that could affect eligibility.
When a case falls under discretionary expungement, legal advocacy becomes especially important. In these situations, the court has the authority to grant or deny relief based on the circumstances of the case. We present clear, organized arguments that explain why expungement is appropriate, helping the court see the full picture beyond the conviction itself.
Why Choose the Law Office of Rebecca Feigelson
Choosing the right attorney matters when seeking expungement. While the process may seem straightforward, each case is different, and outcomes often depend on how well the petition is prepared and presented.
The Law Office of Rebecca Feigelson focuses on criminal defense and post-conviction relief throughout California. We take a client-focused approach, reviewing the details of each case and providing clear guidance at every stage of the process.
Our services include:
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Review of criminal records to assess expungement eligibility
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Preparation and filing of expungement petitions
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Representation in court when judicial discretion applies
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Clear communication about timelines and expectations
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Guidance on how expungement may affect employment and background checks
Rather than offering one-size-fits-all solutions, we tailor our approach to your specific situation. Our goal is to help you pursue record relief with confidence and clarity.
What to Expect From the California Expungement Process
The California expungement process typically begins with reviewing your case history to confirm eligibility. In most situations, expungement is available after successful completion of probation, provided the sentence did not include time in state prison and no new cases are pending.
Once eligibility is confirmed, a petition is filed with the court that handled the original case. If the petition qualifies for mandatory relief, the court may grant expungement without a hearing. In discretionary cases, a judge may review the circumstances and decide whether relief is appropriate.
If granted, the conviction is dismissed, and your record will reflect that change. While law enforcement and certain government agencies may still access the record, expungement can significantly improve how your background appears to employers and other third parties.
Throughout the process, our office keeps clients informed about timelines, court requirements, and what to expect at each step.
Contact Law Office of Rebecca Feigelson Today
If a past conviction is holding you back, expungement may offer an opportunity to move forward. Understanding whether you qualify—and how to pursue relief—can make a meaningful difference.
The Law Office of Rebecca Feigelson offers confidential consultations to discuss California expungement options and review your criminal record. Contact our office today to learn how we can assist you in pursuing record relief and taking the next step toward a clean slate.
Frequently Asked Questions About Expungement in California
1. Who qualifies for expungement in California?
In general, individuals who successfully completed probation and are not facing new charges may qualify. Eligibility depends on how the case was sentenced and whether state prison time was involved.
2. Does expungement completely erase my criminal record?
No. Expungement dismisses the conviction and removes it from public background checks, but law enforcement and certain government agencies may still access the record.
3. Can felony convictions be expunged in California?
Some felony convictions may qualify, particularly those that did not result in state prison sentences. Eligibility depends on the specific facts of the case.
4. How long does the expungement process take?
Timelines vary by court and case complexity. Some petitions are resolved within a few weeks, while others may take longer if a hearing is required.
5. Will expungement help with employment background checks?
In many cases, yes. An expunged conviction typically will not appear on most private background checks, which can improve employment opportunities.