California “Expungement” of State Convictions

CA EXPUNGEMENT—A GENERAL OVERVIEW

An expungement of a state conviction (also called a “dismissal”) is a way of cleaning up your record that limits the information that shows up in a background check[2987] and can relieve you of some of the consequences associated with your conviction.WHAT EXPUNGEMENT DOES:

    Prohibits information about the conviction from being included in some background checks;Releases you from most of the “penalties and disabilities” resulting from the conviction;Changes your record to show that the conviction was dismissed (but does NOT remove the offense from your official criminal record (RAP) entirely).

WHAT CONVICTIONS CAN BE EXPUNGED?

    A conviction may qualify for expungement if:You did NOT spend any time in prison for the offense; ANDYou completed any term of supervision for the offense; ANDYou are NOT currently charged with, serving a sentence for, or on a term of supervision for another offense.Note: Certain convictions are NEVER eligible for expungement.

HOW DO I GET AN EXPUNGEMENT?

    You must file a petition with the court;You may have a hearing where you will have to persuade a judge that you deserve an expungement;You may have to give the court documents that support your request, such as letters of support, school transcripts, and diplomas or certificates.
  1. 2987

    Cal. Penal Code § 1203.4. ↑

  1. What is “expungement”(a dismissal) in California?

  2. What does expungement do?

  3. What does expungement not do?

  4. Who can see my record—even if it is expunged?

  5. If I successfully obtained a dismissal under prop. 36 or penal code section 1000, do i ever have to disclose the underlying conviction?

  6. Can a private employer find out about my expunged conviction?

  7. What types of convictions can be expunged?

  8. What types of convictions can’t be expunged?

  9. Because I have a felony conviction, but never went to prison for it, can I get it expunged?

  10. Because I have a felony conviction that was sentenced to county jail under Realignment instead of state prison, can i get it expunged?

  11. What are the different types of expungement and what do they require?

  12. CHART: Which type of expungement am I eligible for?

  13. Getting Your Conviction “Expunged”

    1. I believe I am eligible for a mandatory or discretionary expungement. How do I get one?

    2. If my conviction is eligible to be expunged automatically, how does this happen?

    3. Because I am still on probation and need to be off to have my conviction expunged, is there anything I can do to get off early?

    4. What is the process for requesting an early release from probation so that i can pursue expungement?

    5. Because I am still on Post-Release Community Supervision (PRCS), and need to be off to have my conviction expunged, is there anything I can do to get off early?