In California, many individuals with criminal convictions seek expungement to clear their records and gain a fresh start. Expungement is a legal process under California Penal Code § 1203.4 that allows individuals to withdraw a guilty or no contest plea and have their case dismissed. However, not all crimes are eligible for expungement. Understanding the nuances of eligibility is crucial for anyone looking to clean up their criminal record.

Overview of Expungement in California

Before diving into eligible crimes, it’s important to understand what expungement does and doesn’t do. Expungement in California does not erase or seal your record completely. Instead, it results in the dismissal of the conviction, meaning you can legally state in most circumstances that you have not been convicted of a crime. However, the conviction remains on your record for certain purposes, such as for law enforcement or when applying for certain government jobs or professional licenses.

Crimes Eligible for Expungement

Most crimes in California can be expunged, provided that certain conditions are met. Generally, misdemeanors and felonies that did not result in a state prison sentence are eligible. Instead of prison time, eligible individuals must have completed probation or, if applicable, served a sentence in county jail under California’s Realignment Program (AB 109).

Here are the types of crimes typically eligible for expungement:

1. Misdemeanors: Almost all misdemeanor convictions are eligible for expungement, provided the individual completed probation or a county jail sentence. Examples include:
   • Petty theft
   • Drunk in public
   • Simple assault or battery
   • Disorderly conduct
   • Driving under the influence (DUI)
   • Shoplifting
2. Non-Violent Felonies: Many non-violent felonies are also eligible for expungement, particularly if the sentence was served in county jail instead of state prison. Felonies that may be expunged include:
   • Fraud (under certain circumstances)
   • Drug possession (including marijuana-related offenses under Proposition 64)
   • Vandalism
   • Forgery
   • Receiving stolen property
3. Felonies Reduced to Misdemeanors: Under Proposition 47 and Proposition 64, certain non-violent felonies, such as drug possession or theft of property under $950, can be reclassified as misdemeanors. Once reclassified, they may be expunged. Crimes that may qualify for reduction include:
   • Possession of controlled substances
   • Petty theft with a prior
   • Shoplifting under $950
   • Writing bad checks for less than $950
4. Juvenile Offenses: Many juvenile crimes can be expunged or sealed under California Welfare and Institutions Code § 781, provided the individual has completed probation and has not committed serious offenses like murder or certain sex crimes.

Crimes Ineligible for Expungement

Certain offenses are ineligible for expungement in California. These offenses are typically more serious and involve violence or harm to others. The most common ineligible crimes include:

1. Felonies Involving a State Prison Sentence: Convictions that resulted in a state prison sentence, or those that would have resulted in prison time before California Realignment (AB 109), are ineligible for expungement. Individuals who served time in state prison must instead seek other forms of relief, such as a Certificate of Rehabilitation.
2. Violent Felonies: Crimes that involve significant violence or harm are generally ineligible. Examples include:
   • Murder
   • Voluntary manslaughter
   • Rape
   • Lewd acts with a minor under 14
   • Armed robbery
   • Kidnapping
3. Serious Sexual Offenses: Crimes that require sex offender registration under Penal Code § 290 are ineligible for expungement. Examples include:
   • Child molestation
   • Rape
   • Continuous sexual abuse of a child
   • Human trafficking involving sex acts
4. Certain Driving Offenses: While many driving offenses, such as DUI, can be expunged, more serious vehicular crimes are not eligible, such as:
   • Felony DUI involving injury or death
   • Hit-and-run involving serious bodily harm

Eligibility Criteria for Expungement

In addition to the type of crime, individuals must meet certain criteria before petitioning for expungement. These include:

1. Completion of Sentence: You must have successfully completed your sentence, including probation, community service, fines, and any other court-ordered programs.
2. No Pending Charges: You must not have any new or pending criminal charges at the time of petitioning for expungement.
3. Compliance with Probation: If you were placed on probation, you must have fully complied with its terms. If you violated probation, the court may still grant expungement, but it is at the judge’s discretion.
4. No Additional Convictions: Having no additional criminal convictions after your original sentence greatly increases the likelihood of being granted expungement.

Expungement Process for Eligible Crimes

Once you have determined that your crime is eligible for expungement, the process of expunging your record involves several steps:

1. Filing a Petition: You or your attorney must file a petition for expungement in the court where you were convicted. The petition will request that the court dismiss your case under California Penal Code § 1203.4.
2. Court Review: After filing, the court will review your petition and decide whether you meet the criteria for expungement. In many cases, the district attorney may file an objection, which could result in a hearing.
3. Court Ruling: If the court grants your petition, your guilty plea or verdict will be withdrawn, and the case will be dismissed. Once expunged, your conviction is legally considered dismissed, and you can state on most job and housing applications that you have not been convicted of the crime.

Special Considerations

While expungement provides many benefits, it’s important to understand its limitations:

• Background Checks: Even after expungement, law enforcement agencies, certain government employers, and licensing boards may still access your record.
• Immigration Consequences: Expungement does not erase a conviction for immigration purposes. If you are concerned about the immigration impact of a conviction, consult with an immigration attorney.
• Professional Licenses: For individuals in highly regulated industries (e.g., healthcare, law, education), expungement does not automatically clear you for professional licensing. You may still need to disclose your conviction to licensing boards, although the expungement may help in the decision-making process.

Legal Citations for Crimes Eligible for Expungement

Several key statutes govern which crimes are eligible for expungement:

• California Penal Code § 1203.4: Governs the expungement process, allowing for the dismissal of eligible convictions after probation or a county jail sentence.
• Proposition 47 (California Penal Code § 1170.18): Allows for the reclassification of certain non-violent felonies as misdemeanors, making them eligible for expungement.
• Proposition 64 (California Health & Safety Code §§ 11357-11362.9): Legalizes recreational marijuana use and allows for the dismissal or reduction of marijuana-related convictions.
• California Welfare and Institutions Code § 781: Governs the sealing and expungement of juvenile records.

Conclusion

Understanding which crimes are eligible for expungement in California is crucial for anyone looking to clean up their criminal record and move forward in life. While many misdemeanors and non-violent felonies can be expunged, certain serious offenses remain ineligible. If you are uncertain about your eligibility or need assistance with the expungement process, consulting an experienced attorney is the best way to ensure you receive the relief you deserve.

Citations

• California Penal Code § 1203.4
• Proposition 47 (California Penal Code § 1170.18)
• Proposition 64 (California Health & Safety Code §§ 11357-11362.9)
• California Welfare and Institutions Code § 781