If you have a criminal record in California, expungement can offer you a second chance. It can clear your criminal record and make it as though it didn’t exist in most circumstances. Understanding how expungement works and whether you’re eligible is the first step to getting a fresh start.
The significance of expungement cannot be overstated. If you have a criminal record, expungement can dramatically alter your life trajectory by removing certain barriers in employment, housing, and education that a criminal record can present.
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Expungement Eligibility in California
In California, the eligibility for expungement is primarily determined by two factors: the successful completion of probation and the nature of the sentence served.
Specifically, individuals who have completed their probation period and have not served time in state prison – or, in cases that occurred after Proposition 47’s Realignment – would not have been sentenced to prison – are considered eligible for expungement.
How Proposition 47’s Realignment Affects Expungement in California
Proposition 47’s Realignment in California has transformed the criminal justice system, significantly impacting sentencing guidelines and expanding eligibility for expungement.
- Legislative Shift: Proposition 47 reclassified certain non-violent offenses from felonies to misdemeanors to reduce state prison overcrowding.
- Sentencing Changes: Since 2014, those affected by the reclassification can receive lighter sentences in county jails or probation instead of state prison sentences.
- Wider Expungement Access: The realignment expands expungement eligibility, especially for those whose crimes are now considered misdemeanors.
Ultimately, the realignment offers a clearer path for individuals to have their convictions expunged.
California’s Clean Slate Law and Felony Expungements
California’s Clean Slate Act, enacted through AB 1076 and later expanded by SB 731, represents a significant shift in handling criminal records. It simplifies the process for individuals seeking to clear their criminal records by automatically sealing specific arrest records and dismissing certain convictions.
- Retroactive Application: SB 731 expanded the scope of legislative relief to include convictions and arrests dating back to January 1, 1973, offering a broader opportunity for criminal record clearance.
- Inclusion of Certain Felonies: These updates now allow for the eligibility of specific felony crimes that resulted in state prison sentences, marking a more inclusive approach to clearing criminal records.
These legislative advancements can provide you with a second chance that may not have previously been available to you.
Felony Expungements Under SB 731
The introduction of SB 731 also represents a shift in California’s approach to felony expungements:
- Automatic Sealing of Felony Convictions: Most state felony convictions will be sealed four years after the case is over.
- Sealing of Non-Charged Felony Records: Felony records that did not lead to charges are automatically sealed after 3 years, aiming to provide a fresh start for individuals without the burden of a past record.
If you want more information about expungement and are curious if you’re eligible, the best thing you can do is to reach out to an experienced criminal defense lawyer as soon as possible.
Who Is Not Eligible for Expungement in California?
In California, many individuals with criminal records could benefit from expungement, but only some of them will be eligible. Typically, the following situations make you ineligible for expungement:
Open Criminal Cases
If you currently have an open criminal matter, your past cases are not eligible for expungement.
Serious, Violent, or Sex Offenses
Convictions for crimes classified as serious, violent, or ones involving sex offenses generally will not be eligible for expungement.
State Prison Sentences
Those who were sentenced to state prison for their conviction are typically ineligible for expungement unless an exception exists under Proposition 47’s Realignment.
Contact a San Diego Criminal Defense Lawyer for a Free Consultation
If you are a defendant who has questions related to expungement in California, don’t hesitate to contact us today to schedule a free consultation with an experienced San Diego criminal defense lawyer.
We can help you determine if you are eligible, and if so, file all necessary paperwork and take the steps necessary to get your record cleared.
