By: Gregory Rollins
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10 Things To Know About Expungements in California
- California Penal Code section 1203.4 lays out the requirements for an expungement in California.
- An expungement is a petition asking the court to allow a defendant to withdraw a guilty or no contest plea and to then enter a not guilty plea instead. After the not guilty plea is entered, the case is then dismissed.
- In general, an expungement in California releases the person “from all penalties and disabilities resulting from the offense of which he or she has been convicted.” (See Penal Code section 1203.4(a)).
- Expungements are not available to people currently charged with a crime, or people currently or probation for a criminal conviction, or people serving time for a criminal conviction.
- Certain charges, such as some sex offenses and any felony offenses where prison was time was served or probation was not successfully completed, are not eligible for an expungement. (See Penal Code section 1203.425).
- Some felony convictions can be reduced to misdemeanor offenses before then having the conviction expunged.
- Expunged convictions do not need to be disclosed to potential employers, making it easier to get a job or to obtain a professional license.
- Unfortunately, an expungement in California does not result in a restoration of gun rights, so even if a person gets an expungement, they may still be prohibited from owning or possessing firearms.
- Expunged convictions can still be used against a person as prior convictions or to impeach them if they were to be charged with new criminal charges after the expungement.
- Other forms of post-conviction relief that a person can pursue are a California Certificate of Rehabilitation or a California Governor’s pardon, both of which could restore additional rights.
Criminal defense attorney and former Riverside County prosecutor Gregory Rollins uses his unique experience and expertise to defend the rights of the accused, provide meaningful legal advice to his clients, and to fight for the best possible outcome for every client in every case. If you or a loved has previously been convicted of a crime, it’s important to do everything you can to clean up your record and get those convictions removed. Contact criminal defense attorney and former prosecutor Gregory Rollins to set up a free consultation.
Contact criminal defense attorney and former prosecutor Gregory Rollins to set up a free consultation. Visit the website by clicking here.