A felony conviction can severely impact your ability to secure employment, housing, and professional licenses. Fortunately, California law provides a path for eligible individuals to have felony convictions expunged from their record, offering a fresh start. As California’s top expungement attorney, I will guide you through the complexities of felony expungement, covering eligibility, the process, benefits, limitations, and relevant legal citations.

What is Felony Expungement?

Felony expungement is the process of having a felony conviction removed from your public criminal record. Under California Penal Code § 1203.4, an expungement allows you to withdraw your plea of guilty or no contest or vacate a guilty verdict. Once the expungement is granted, the case is dismissed, and you can legally state in most situations that you have not been convicted of the felony.

It’s important to note that expungement does not completely erase the conviction. The record is still accessible under certain circumstances, such as for government employment, professional licensing, or immigration purposes. However, for most private employment and housing applications, you are legally permitted to omit the expunged felony.

Eligibility for Felony Expungement

Not everyone convicted of a felony in California is eligible for expungement. The following criteria must be met to qualify:

1. Probation Completion: You must have successfully completed probation without any violations. This includes completing all court-ordered requirements such as community service, fines, restitution, and mandatory counseling or treatment programs.
2. No State Prison Sentence: If you were sentenced to state prison, you are generally ineligible for expungement. However, under Proposition 47 and Proposition 64, certain felony convictions can be reduced to misdemeanors, making expungement possible. Those sentenced to county jail time under California’s Realignment Law (AB 109) may also be eligible.
3. No Pending Charges: You must not have any pending criminal charges or be on probation for any other offense at the time of filing for expungement.
4. Non-Violent Felonies: Certain violent felonies, such as murder and specific sex offenses, are not eligible for expungement.

If you meet these criteria, you may file a petition for expungement.

The Felony Expungement Process

The felony expungement process in California is relatively straightforward but requires careful preparation to increase the chances of success.

1. Filing a Petition: The first step is to file a petition with the court where the felony conviction took place. The petition requests the court to set aside the conviction and dismiss the case.
2. Court Review: The court will review your petition and consider your eligibility, including whether you completed all probation requirements and if any objections are raised by the prosecution. In some cases, the court may hold a hearing to determine whether expungement is appropriate.
3. Hearing: If a hearing is scheduled, your attorney will present arguments on your behalf. The court will assess your behavior since the conviction, your compliance with probation, and whether granting expungement serves the interests of justice.
4. Court Ruling: If the judge grants the expungement, your plea is withdrawn, or the guilty verdict is set aside, and the case is dismissed. The conviction will be updated to reflect this change on your criminal record.

Benefits of Felony Expungement

Felony expungement offers several critical benefits that can significantly improve your life:

• Employment Opportunities: Many private employers are not allowed to ask about or consider expunged convictions. With a felony expunged, you can legally state that you have not been convicted, improving your chances of securing employment.
• Professional Licensing: Expungement can help with professional licensing applications. While certain regulatory boards may still consider an expunged conviction, the fact that the offense was dismissed may reflect positively on your character and rehabilitation.
• Housing Applications: Landlords often run background checks, and a felony conviction can result in denial of housing. An expungement removes the felony from your public record, making it easier to secure housing.
• Social and Personal Stigma: Expungement can provide a sense of closure and relief from the social stigma associated with a felony conviction. While the record is not erased, it is no longer accessible in most background checks.

Limitations of Felony Expungement

Despite its advantages, felony expungement does have limitations:

• Not a Complete Erasure: An expunged felony can still be accessed by government agencies, courts, and licensing boards. Expungement does not remove the conviction for federal immigration purposes, and the conviction may still impact future criminal cases, particularly for sentencing enhancements.
• DMV and Driving Records: If your felony conviction was related to driving offenses, such as DUI, expungement will not remove points from your driving record or prevent the Department of Motor Vehicles (DMV) from considering the conviction.
• Disclosure Requirements: In certain situations, such as applying for government jobs, professional licenses, or immigration purposes, you are still required to disclose expunged convictions.
• Repeat Offender Status: Even if your felony is expunged, it can still be used to enhance penalties if you are convicted of another crime in the future.

Felony Reduction Under Proposition 47 and Proposition 64

In some cases, individuals convicted of certain felonies may have the option to reduce their felony conviction to a misdemeanor. This is possible under Proposition 47, which applies to certain nonviolent offenses like drug possession and theft crimes, and Proposition 64, which allows for the reduction of certain marijuana-related felonies. Once reduced, these misdemeanors can often be expunged under California Penal Code § 1203.4.

Early Termination of Probation and Expungement

If you are still on probation for your felony conviction, you can petition for early termination of probation under California Penal Code § 1203.3. Once probation is terminated, you can immediately file for expungement. Courts may grant early termination if you have shown good conduct, complied with all terms of probation, and it serves the interest of justice.

Grounds for Denial

Not all felony expungement petitions are granted. The court may deny your petition if:

• You did not complete probation or violated its terms.
• You are currently facing pending charges.
• The nature of the original offense or your behavior since the conviction does not warrant expungement.
• The prosecution presents strong objections to your petition.

Legal Citations for Felony Expungement

Several California statutes govern felony expungement, including:

• California Penal Code § 1203.4: Governs the expungement process, allowing individuals to withdraw their plea and dismiss the conviction after completing probation.
• California Penal Code § 1203.3: Allows for early termination of probation, which can expedite the expungement process.
• Proposition 47: Reduces certain nonviolent felonies to misdemeanors, making them eligible for expungement.
• Proposition 64: Reduces certain marijuana-related felonies to misdemeanors, providing a pathway to expungement.

Conclusion

Felony expungement is a valuable legal tool that allows individuals to move forward after a conviction, minimizing the long-term effects on employment, housing, and professional licensing. While it doesn’t erase the conviction entirely, expungement can significantly improve your quality of life and offer a sense of closure. Working with an experienced attorney ensures that the expungement process is handled correctly and increases your chances of a successful outcome.

Citations

• California Penal Code § 1203.4
• California Penal Code § 1203.3
• Proposition 47
• Proposition 64
• California DMV Code (pertaining to driving records)