Did your arrest and conviction occur in California?
Currently we only handle cases that originated in California.
Did your arrest result in a conviction?
If you pled guilty or were found guilty (by judge or jury) of the charge(s) brought against you than you were convicted of the crime. You will have been required at some point to be present in the courtroom, to present your guilty plea or to hear your verdict, if you were convicted. If you were arrested but never had to go to court, you were likely never charged, and thus never convicted.
Did your conviction occur in state or federal court?
The vast majority of criminal cases involve violations of state law and are tried in state court. The number one way to tell the difference between state and federal court cases is that in state court the named plaintiff (the party that is pressing the charges against you) is the county where your arrest occurred. In a federal case the plaintiff will be the United States government.
If you are unsure which court your conviction occured in, there is a very high probability that it was state court.
NOTE: California juvenile court is a state court.
Were you an adult or juvenile when the crime was committed?
Labeling a criminal conviction as either adult or juvenile in criminal matters is based on the age you were the day the crime was committed. If you were 18 or older then the crime was and adult crime. If you were 17 or younger then the crime was a juvenile crime.
EXCEPTION: If you were a juvenile when you committed the crime BUT were charged and tried as and adult in adult court, then you need to choose “adult” as the answer to this question. Your conviction will not be considered a juvenile conviction under these circumstances, even though you were technically a juvenile when the crime was committed.
Did conviction result in you going to state prison?
County jails and holding cells are NOT state prison. Any sentence that is for 365 days or less will be served in county jail. Any sentence that is more than 365 days will typically be served in state prison.
A person who is being held in custody before a trial and has not yet paid bail and/or was only recently arrested will be held at a local jail, not in prison.
Have you been out of prison for at least 7 years?
Note that this question asks about prison, not jail.
Have you lived in California for the last 5 years?
This question involves your state of residency.
Are you facing any new criminal charges or are you on probation for any other criminal offense (not related to the conviction you are desiring to expunge)?
If you are facing any new criminal charges, you will need to get the current charges finalized before you can move forward to expunge a past unrelated conviction.
Also you can’t expunge a previous conviction if you are currently on probation for a conviction that is unrelated to the conviction you are desiring to get expunged.
EXAMPLE: You were convicted of a felony in 2008 that you would like to get expunged, however you are on probation for a misdemeanor conviction that occurred 3 months ago. You cannot expunge the 2008 conviction until you are no longer on probation for the conviction that occurred 3 months ago.
However, we are able to help with your most current situation, wherein we can petition the court for an early termination of your probation and for a simultaneous expungement of the most current conviction. Once the latest conviction, for which you are currently on probation for, is taken care of we can address the older conviction. If this situation applies to you, please retake the test concentrating on the most recent conviction so that we can guide you to which expungement service best fits your needs.
Has the conviction you are inquiring about already been expunged by you or an attorney in the past?
We need to know about prior work on your record.
Were you given probation as part of your original sentence?
Answer “yes” if you were given either formal or informal probation as part of your sentence. Almost all felonies have probation as part of the sentence. A vast majority of misdemeanors also will have probation as part of the sentence. Infractions rarely have probation as part of the sentence. Thus, if you have a felony or misdemeanor there is a very high probability that your sentence included probation.
Have you completed your entire probationary term?
If you were released from probation early or your probation termination date has passed, then you have successfully completed your probationary term.
Have you completed all the terms of your sentence including paying all fines and restitution, completion of all mandatory classes and programs, and satisfaction of all community service requirements?
You must have completed all other terms of your sentence to be eligible for expungement. It is extremely common for a client to have overlooked a small payment, or a mandatory class, etc. The court will not allow an expungement if there is even a single term that has not been fulfilled on your sentence.
Did you have any probation violations, or new violations of law while on probation?
Were you ever found to be in violation of your probation at a hearing in front of the judge? If you have, please answer “yes” to this question.
Also did you have any new violations of law while on probation, even if you were not given a formal probation violation (Example: any new criminal arrests or criminal convictions)? If you did, please answer “yes” to this question.
Were you convicted of a felony or a misdemeanor?
The easiest way to find this information out will be with your original court papers. If you don’t have those papers any longer, you can contact the court you were convicted in or reach out to the attorney that represented you in your original case.
If you cannot locate this information please feel free to call us at (800) 916-1228 and we can assist you with answering this question.
Was this misdemeanor for an alcohol or drug related driving offense?
Offenses include DUI, DWI, and “wet” reckless driving. If you were convicted of any of these crimes please answer “yes” on this question.
Was the conviction for a registerable sex offense?
Below is a thorough list of all registerable sex offenses in California. All section references below are to the California Penal Code unless otherwise indicated.
207 Kidnapping committed with intent to violate sections 261, 286, 288, 288a, or 289.
207(b) Kidnapping, victim under 14 with the intent to violate any 288 sections.
208(d) (Prior Code): Kidnapping victim under 14 with the intent to violate sections 261, 286, 288, 288a, or 289..
209 Kidnapping for ransom committed with intent to violate sections 261, 286, 288, 288a, or 289.
209(b)(1) Kidnapping for ransom committed with intent to violate sections 261, 286, 288, 288a, or 289.
220 Assault to commit rape, sodomy, or oral copulation or to violate sections 264.1, 288 or 289.
220/261 Assault to commit rape.
220/261(2) Assault to commit rape by force or fear.
220/664.1 Assault to rape in concert with force/violence.
243.4 Sexual battery.
243.4(a) Sexual battery.
243.4(b) Sexual battery on medically institutionalized person.
243.4(c) (Prior Code) Sexual battery involving restrained person.
243.4(c) Sexual battery victim unaware-fraudulent misrepresentation.
243.4(d) Sexual battery involving restrained person.
243.4(d)(1) (Prior Code) Touch person intimately against will for sexual arousal/etc.
243.4(e)(1) Touch person intimately against will for sexual arousal/etc.
261 Rape: not specified.
261(1) Rape: victim incapable of consent.
261(2) (Prior Code) Rape by force or fear.
261(2)/264.1 Rape in concert by force.
261(3) Rape of drugged victim.
261(4) Rape: victim unconscious of the nature of the act.
261(6) Rape by threat of retaliation.
261(a)(1) Rape: Victim incapable of giving consent.
261(a)(2) Rape by force/fear etc.
261(a)(3) Rape of drugged victim.
261(a)(4) (Prior Code) Rape: Victim unconscious of the nature of the act.
261(a)(4)(A) Rape: Victim was unconscious or asleep.
261(a)(4)(B) Rape: Victim was unconscious and not aware of the act.
261(a)(4)(C) Rape: Victim not aware due to perpetrators fraud.
261(a)(4)(D) Rape: Victim not aware – fraudulent misrepresentation.
261(a)(6) Rape by threat of retaliation.
261.2 (Prior Code) Rape by force or fear.-
261.2/261.3 (Prior Code) Rape by force or threat.
261.3 (Prior Code) Rape by force or victim intoxicated.
261.4 (Prior Code) Rape by threat or rape of drugged victim.
262(a)(1) Rape Spouse by force or fear.
264.1 Rape/etc. in concert with force/violence.
266 Entice minor female for prostitution/etc.
266c Induce intercourse/sex acts by false representation with intent to create fear.
266h(b) Pimping: Prostitute under 16 years of age.
266i(b) Pandering: Pandering Prostitute under 16 years of age.
266j Procurement of person under 16 for lewd and lascivious acts.
267 Abduct minor for prostitution.
269 Aggravated sexual assault/child under 14 or 10 years.
269(a) Aggravated sexual assault child under 14 and 10 years younger.
269(a)(1) Aggravated sexual assault child under 14 to violate 261(a)(2).
269(a)(2) Aggravated sexual assault child under 14 to violate 264.1.
269(a)(3) Aggravated sexual assault child under 14 to violate 286 by force or fear.
269(a)(4) Aggravated sexual assault child under 14 to violate 288a by force or fear.
269(a)(5) Aggravated sexual assault child under 14 to violate 289(a) by force or fear.
272 Contribute to the delinquency of a minor (lewd or lascivious).
285 Incest.
286 Sodomy.
286(a) Sodomy; General Category.
286(b)(1) Sodomy with person under 18 years.
286(b)(2) Sodomy with person under 16 years.
286(c) (Prior Code) Sodomy with person under 14 years or with force.
286(c)(1) Sodomy with person under 14 years.
286(c)(2) Sodomy with force or violence.
286(c)(3) Sodomy with threat of retaliation.
286(d) Sodomy in concert with force.
286(e) Sodomy while confined in prison or jail.
286(f) Sodomy: victim unconscious of the nature of the act.
286(g) Sodomy: victim incapable of giving consent.
286(h) Sodomy: Without consent victim and defendant in mental facility.
286(i) Sodomy without consent: Victim intoxicated.
286(j) Sodomy without consent: believe person is spouse.
286(k) Sodomy by threat of authority to arrest/deport.
288 Crimes against children; lewd or lascivious.
288(a) Lewd or lascivious acts with child under 14 years.
288(b) (Prior Code) Lewd or lascivious acts with a child under 14 years with force.
288(b)(1) Lewd or lascivious acts with child under 14 years with force.
288(b)(2) Caretaker commits sexual act on dependent adult with force.
288(c) (Prior Code) Lewd or lascivious acts with child 14 or 15 years old.
288(c)(1) Lewd or lascivious acts with child 14 or 15 years old.
288(c)(2) Caretaker commits lewd or lascivious acts on dependent adult.
288a Oral copulation.
288a(a) Oral copulation.
288a(b)(1) Oral copulation with person under 18 years.
288a(b)(2) Oral copulation with person under 16 years.
288a(c) (Prior Code) Oral copulation with person under 14 or by force.
288a(c)(1) Oral copulation with person under 14.
288a(c)(2) Oral copulation with force or violence.
288a(c)(3) Oral copulation threat of retaliation.
288a(d) Oral copulation in concert with force or fear.
288a(d)(1) (Prior Code) Oral copulation in concert with force or fear.
288a(d)(2) (Prior Code) Oral copulation in concert by threat of retaliation.
288a(d)(3) (Prior Code) Oral copulation in concert: victim incapable of consent.
288a(e) Oral copulation while confined in prison or jail.
288a(f) Oral copulation: Victim unconscious of the nature of the act.
288a(f)(1) Oral copulation: Victim was unconscious or asleep.
288a(f)(2) Oral copulation: Victim was unconscious and not aware of act.
288a(f)(3) Oral copulation: Victim not aware due to perpetrator’s fraud.
288a(f)(4) Oral copulation: Victim not aware – fraudulent misrepresentation.
288a(g) Oral copulation: Victim incapable of giving consent.
288a(h) Oral copulation: Victim and defendant in state hospital.
288a(i) Oral copulation: Victim intoxicated.
288a(j) Oral copulation: Believe person is a spouse.
288a(k) Oral copulation by threat of authority to arrest or deport.
288b (Prior Code): Oral copulation in concert with force.
288.2 Harmful matter – special circumstance (felony only).
288.2(a) Harmful Matter: Seduction of minor via phone
288.2(b) Harmful Matter: Seduction of minor via mail/internet.
288.5 (Prior Code) Continuous sexual abuse of a child.
288.5(a) Continuous sexual abuse of child.
289 (Prior Code): Sexual penetration with foreign object.
289(a) (Prior Code) Sexual penetration by foreign object.
289(a)(1) Sexual penetration by foreign object with force.
289(a)(2) Sexual penetration by foreign object with threat of retaliation.
289(b) Sexual penetration with foreign object. Victim incapable of consent.
289(c) Sexual penetration with foreign object. No consent: Victim and defendant in state hospital.
289(d) Sexual penetration: Foreign object. Victim unaware of nature of act.
289(d)(1) Sexual penetration: Foreign object. Victim unconscious or asleep.
289(d)(2) Sexual penetration: Foreign object. Victim unaware.
289(d)(3) Sexual penetration: Foreign object. Victim unaware of perpetrator’s fraud.
289(d)(4) Sexual penetration: Victim not aware – fraudulent misrepresentation.
289(e) Sexual penetration with foreign object. Victim drugged.
289(f) Sexual penetration with foreign object. Victim believes it is spouse.
289(g) Sexual penetration with foreign object: Authority threat arrest.
289(h) Sexual penetration with foreign object: Victim under 18.
289(i) Sexual penetration with foreign object: Victim under 16.
289(j) Sexual penetration with foreign object: Victim under 14.
290 Sex offender Registration Statute.
311.1 (Prior Code) Indecent exposure.
311.1(a) Send/sell etc. obscene matter depicting minor.
311.10 (Prior Code) Advertise obscene matter depicting minor.
311.10(a) Advertise obscene matter depicting minor.
311.11 (Prior Code) Possess obscene matter, child under 14 years.
311.11(a) Possess obscene matter of minor in sexual act.
311.11(b) Possess obscene matter of minor in sexual act with a prior conviction.
311.2(b) Distribute obscene material depicting minor for commercial consideration.
311.2(c) Distribute obscene material depicting minor (misdemeanor).
311.2(d) Distribute obscene matter of minor to minor.
311.3 (Prior Code) Sexual exploitation of a child.
311.3(a) Depict sexual conduct of minor.
311.3(b) Sexual exploitation depicting minor in sex act.
311.3(b)(1) Sexual exploitation: sexual intercourse.
311.3(b)(2) Sexual exploitation: penetration by foreign object.
311.3(b)(3) Sexual exploitation: masterbation.
311.3(b)(4) Sexual exploitation: sadomasochistic abuse.
311.3(b)(5) Sexual exploitation: exhibition of genitals.
311.3(b)(6) Sexual exploitation: defecation/urination for viewer stimulation.
311.3(d) Prior conviction: punishment.
311.4 (Prior Code) Employment or use of minor to perform prohibited acts.
311.4(a) Employment or use of minor to perform prohibited acts.
311.4(b) Employment or use of minor to perform prohibited acts for commercial purposes.
311.4(c) Employment or use of minor for obscene matter.
314.1 Indecent exposure.
314.2 Assist act of indecent exposure.
314.10 Indecent exposure.
646.9 Stalking (felony) pursuant to 290 (a)(2)(E) only.
647a (Prior Code) Annoy or molest children.
647a(1) (Prior Code) Annoy or Molest Children.
647.6 Annoy or molest child under 18.
647.6(a) Annoy or molest Children
647.6(b) Annoy or molest children/illegal entry
647.6(c)(1) Annoy or molest children with prior
647.6(c)(2) Annoy or molest children specific prior conviction
653f(c) Soliciting commission of 264.1, 288, or 289 by force or violence.
702 WIC (Prior Code) Contribute to the delinquency of minor. (Lewd or lascivious finding)
5512 WIC (Prior Code) Mentally disordered sex offender (MDSO) commitment to 90 days.
6316 WIC Commitment (90 days) as an MDSO (prior to 1982).