A misdemeanor conviction, while less severe than a felony, can still have significant consequences. From limiting job prospects to affecting housing opportunities, having a misdemeanor on your record can impact many aspects of life. Fortunately, California law provides an opportunity to clear a misdemeanor through the expungement process under California Penal Code § 1203.4. This article will explain what expungement is, who is eligible, how the process works, and what the benefits and limitations are of expunging a misdemeanor conviction.

What is Misdemeanor Expungement?

Expungement is the legal process of clearing a misdemeanor conviction from your criminal record. Under California Penal Code § 1203.4, expungement allows you to withdraw your plea of guilty or no contest, or to set aside a conviction after a trial, and have the case dismissed. Once your record is expunged, you can legally state in most situations that you have not been convicted of the misdemeanor.

While expungement provides a fresh start, it does not erase the conviction entirely. The conviction may still be accessible under specific circumstances, such as during federal background checks, professional licensing, and immigration matters. However, for most purposes, an expunged misdemeanor will not show up on standard background checks conducted by employers or landlords.

Eligibility for Misdemeanor Expungement

To be eligible for misdemeanor expungement in California, you must meet certain legal requirements:

1. Completion of Probation: You must have successfully completed your probation. This means you’ve complied with all terms, including attending court-ordered counseling or treatment programs, paying fines or restitution, completing community service, and avoiding new criminal charges.
2. No Pending Charges: You cannot have any pending criminal charges at the time you file for expungement.
3. Completion of Sentence: If your conviction did not involve probation, you must have completed your entire sentence, including any fines or jail time.
4. Not Serving Time for Another Offense: You cannot currently be on probation or serving time for any other criminal case.

Meeting these conditions makes you eligible to file for expungement under California Penal Code § 1203.4. However, not all misdemeanors can be expunged, especially certain serious crimes, such as specific sex offenses involving minors.

The Misdemeanor Expungement Process

The process for expunging a misdemeanor conviction involves several legal steps. It is essential to follow each step carefully and ensure that all legal requirements are met. The following is an outline of the expungement process:

1. Filing a Petition: The first step is to file a petition for expungement in the court where your conviction occurred. This petition requests that the court set aside your conviction and dismiss your case.
2. Court Review: After filing the petition, the court will review your request. In some cases, the district attorney’s office may file an opposition to the expungement. If there is no opposition, or if the judge finds the arguments in your favor, they may grant the expungement.
3. Court Hearing (If Required): Sometimes, the court may schedule a hearing where you or your attorney can present reasons why the expungement should be granted. The judge will consider your conduct since the conviction, whether you complied with the terms of probation, and whether granting the expungement serves the interests of justice.
4. Court Ruling: If the judge grants the expungement, your guilty plea or no contest plea is withdrawn, and your case is dismissed. The conviction will be updated on your criminal record to reflect the expungement.

Benefits of Expunging a Misdemeanor

Expunging a misdemeanor from your record provides several significant benefits:

• Improved Employment Opportunities: Many employers conduct background checks, and a misdemeanor conviction can be a barrier to securing a job. Once your record is expunged, you can legally state that you have not been convicted of the misdemeanor in most employment situations, except for government jobs or those requiring a professional license.
• Better Housing Opportunities: Landlords often conduct background checks before renting out properties. An expunged misdemeanor will no longer appear on most background checks, making it easier to secure housing.
• Restoring Civil Rights: Expungement can help restore certain civil rights, such as serving on a jury or, in some cases, restoring firearm rights.
• Social and Personal Stigma Relief: An expunged record can give you peace of mind, knowing that your conviction won’t affect your ability to integrate back into society. It removes the stigma attached to having a criminal conviction.

Limitations of Misdemeanor Expungement

While expungement provides substantial relief, it is essential to understand its limitations:

• Not a Complete Erasure: Expungement does not erase the conviction entirely. Law enforcement agencies, immigration officials, and certain professional licensing boards may still be able to access the record. Additionally, the conviction can be used as a prior offense in sentencing if you are convicted of another crime in the future.
• Does Not Restore All Rights: Expungement does not automatically restore your firearm rights if they were lost due to your conviction. Additionally, you may still be required to disclose the expunged conviction when applying for a government job or professional license.
• DMV and Driving Records: Expungement does not affect your DMV record. For example, if your misdemeanor was a DUI, the expungement will not clear points from your driving record or prevent the Department of Motor Vehicles (DMV) from using the conviction to suspend or revoke your driver’s license.
• Federal Consequences: Expungement does not eliminate all federal consequences of a conviction. For instance, federal agencies and immigration authorities may still consider the conviction in certain circumstances, particularly for immigration-related matters.

Common Misdemeanors Eligible for Expungement

While most misdemeanors are eligible for expungement, some common offenses that are often expunged include:

• Petty theft
• Drug possession for personal use
• Disorderly conduct
• Public intoxication
• Vandalism
• Assault and battery
• DUI (Driving Under the Influence)
• Trespassing

Each case is unique, so it’s important to consult with an attorney to understand your specific situation.

Can a Misdemeanor Expungement be Denied?

Yes, a court can deny a misdemeanor expungement for several reasons. Common reasons for denial include:

• Violating probation terms.
• Failing to complete all the terms of your sentence.
• Having new criminal charges or a pattern of criminal behavior since the conviction.
• Opposition from the district attorney.

To avoid denial, it is crucial to ensure that you have met all legal requirements and that your petition is well-prepared. A skilled attorney can help you navigate these challenges and present a strong case to the court.

Early Termination of Probation

If you are still on probation, you may be able to expedite the expungement process by requesting early termination of probation under California Penal Code § 1203.3. Once probation is terminated, you can immediately apply for expungement. Courts may grant early termination if you have demonstrated good behavior and completed a significant portion of your probation.

Legal Citations for Misdemeanor Expungement

Several legal statutes govern misdemeanor expungement in California, including:

• California Penal Code § 1203.4: Governs the expungement process for those who have completed probation or other court-imposed sentencing conditions.
• California Penal Code § 1203.3: Allows for early termination of probation, which can accelerate eligibility for expungement.
• California Penal Code § 17(b): Allows for the reduction of certain felonies to misdemeanors, which can then be expunged.

Conclusion

Expunging a misdemeanor conviction is an important legal tool for individuals looking to improve their future prospects. It can help with employment, housing, and restoring certain rights. However, expungement is not a complete erasure of your criminal record and does come with some limitations. Understanding the eligibility requirements, the process, and the potential benefits of expungement can help you make an informed decision. Consulting with an experienced attorney is key to navigating the complexities of the expungement process and ensuring the best possible outcome.

Citations

• California Penal Code § 1203.4
• California Penal Code § 1203.3
• California Penal Code § 17(b)