Being convicted of a felony can have life-altering implications. Navigating the aftermath can be daunting, especially when it comes to the possibility of clearing your criminal record. In California, a felony can be expunged from your record under certain circumstances but it is important to determine if the process applies to your situation. Speak with a Tehama County expungement lawyer to discuss the details of your case and learn more about whether or not your conviction can be expunged.
What is Expungement?
Expungement in California is a legal process that allows individuals who were convicted of a crime to have their criminal record changed and their conviction dismissed. Having a crime expunged does not mean that it erases the conviction, but it removes or seals the records, meaning that it will not show up on a background check by employers, landlords, and others.
Can a Felony Charge Be Expunged?
Some felony charges can be expunged in California. Generally, all criminal charges have the potential to be expunged except the following.
- “Serious” felonies
- “Violent” felonies
- Felonies requiring registration
- Child pornography
- Certain sexual assault crimes
- Lewd acts with a minor
- Failure to submit to a police inspection of vehicle
If you were convicted of any of the above you will probably not be permitted to have your conviction expunged.
Who is Eligible for Expungement?
To be considered eligible for expungement you need to meet certain criteria. An expungement will not be granted simply because you desire it, but if you meet the following requirements a judge may consider clearing your record.
- You must have successfully completed probation
- You are not currently facing any criminal charges
- You are not currently serving a sentence for another criminal offense
- You do not have any outstanding court-ordered fines
- At least 2 years have passed since you completed your prison term, if applicable
- You have completed all of the terms of your sentence including fines, restitution, community service, rehabilitation, etc.
If you meet the above criteria you may be eligible for expungement. You must file a petition with the court where you were convicted and include detailed information about your conviction, current status, and why you believe you are eligible for expungement.
After filing the petition, the court will schedule a hearing where you can provide all necessary evidence and demonstrate how you meet the requirements. The judge will review your case and determine whether or not to grant the expungement. If your petition is approved they will issue an order to have your conviction expunged from your record.
Work with a Criminal Defense Attorney
If you are convicted of a felony it may feel like the end of the world. However, once you have paid your fines and did your time you may be able to have the charges removed from your record. Reach out to an experienced attorney at Cohen Criminal Law for more information and skilled representation during your petition and hearing for expungement.
