A criminal record can follow you long after you’ve paid your debt to society. Even years-old convictions for offenses like DUI, theft, shoplifting, domestic violence, robbery, or assault can affect your ability to get hired, secure housing, or move forward professionally.
Fortunately, California offers some of the broadest expungement laws in the country. But expungement is not automatic – and it won’t necessarily give you a totally clean slate.
Getting Your Record Expunged
Under California Penal Code § 1203.4, some misdemeanor and felony convictions may be eligible for expungement. If granted, the court will allow you to:
- Withdraw your guilty or no contest plea
Have your case reopened and your conviction dismissed - Set aside many of the penalties and disabilities that result from a conviction
Who Qualifies for Expungement?
To qualify, you generally must have completed your sentence, including probation. You also cannot currently be serving a sentence or facing new criminal charges.
Recent changes to California law, including the “Clean Slate” reforms, have expanded eligibility. Many people with felony convictions – even some involving serious offenses – may now petition for record clearance if they have completed their sentence and remained arrest-free for the required period. However, not every conviction qualifies.
Will CA Courts Expunge All Convictions?
While California’s expungement law is broad, specific offenses remain ineligible, most notably:
- Felonies requiring lifetime sex offender registration under Penal Code § 290
- Serious sex crimes involving minors
These exclusions reflect public policy considerations and are unlikely to be eligible for dismissal under § 1203.4.
What Expungement Can Do for You
If a court grants your expungement, it can give you a second chance to improve your future opportunities.
- Most private employers cannot use the conviction against you.
- Background checks conducted by private parties will typically show the case as dismissed.
- A clean record can improve your housing applications and career advancement opportunities.
What Expungement Does Not Do
Expungement does not completely erase or destroy your record.
- Law enforcement and some government agencies can still see the conviction.
- It does not automatically restore your firearm rights, eliminate immigration consequences, or remove applicable sex offender registration requirements.
- Some professional licensing boards may still consider the conviction.
By understanding these limits, you can avoid unrealistic expectations and pursue the appropriate right post-conviction strategy.
Why You Need an Experienced Attorney
Though California’s expungement laws are generous, they don’t automatically apply. You must petition the court to demonstrate that you meet eligibility requirements and that granting expungement serves the interests of justice.
Mistakes in paperwork, timing, or eligibility analysis can delay or derail your petition. An experienced defense attorney can:
- Determine whether you qualify
- Identify alternative remedies if expungement is unavailable
- Prepare a persuasive petition
- Present your rehabilitation efforts effectively to the court
Make a Fresh Start
At the Law Firm of Salvatore Ciulla, we understand how much is at stake when you’re trying to move forward with your life. With decades of experience handling criminal and post-conviction matters in California, Sal Ciulla works diligently to help clients clear their records and protect their future.
Expungement can open doors – but only when handled properly. To determine your eligibility, contact us to schedule a confidential consultation. We’ll review your case, explain your options, and help you decide whether to move forward.
