Can I Get My Record Cleared or Expunged in California?
If you’ve ever been arrested or convicted of a crime, you know how much a criminal record can impact your life. It can affect your job prospects, professional licenses, housing applications, and even your personal reputation. But in California, you may have a second chance.
Through a process called expungement, you may be able to clear your record and move forward with a clean slate. Here’s what you need to know.
What Is Expungement?
Expungement in California does not erase your criminal record entirely, but it does dismiss your conviction. This means:
- The court reopens your case
- Withdraws your guilty plea or guilty verdict
- Enters a “not guilty” plea
- Then dismisses the case
Once expunged, the conviction is no longer legally considered a conviction in most situations.
You can legally answer “no” if a private employer asks whether you’ve been convicted of a crime, as long as the case was expunged.
Who Is Eligible for Expungement?
You may qualify for expungement if:
- You were convicted of a misdemeanor or certain non-violent felonies
- You completed probation successfully (or were granted early termination)
- You are not currently charged with a new crime
- You did not serve state prison time, or if you did, your offense is now eligible under realignment laws
Even if you violated probation, you may still be eligible. However, the court will have more discretion in those cases and may require evidence of rehabilitation.
What Crimes Can and Cannot Be Expunged?
Eligible offenses commonly include:
- Drug possession
- DUI (after probation is completed)
- Petty theft
- Vandalism
- Simple assault or battery
Ineligible offenses typically include:
- Serious violent felonies
- Certain sex crimes (especially those involving minors)
- Offenses requiring lifetime sex offender registration
What Expungement Can and Cannot Do
What it can do:
- Clear your criminal record for most employment background checks
- Improve job, housing, and licensing opportunities
- Show a court or employer that you’ve taken responsibility and moved forward
What it cannot do:
- Remove the conviction from your criminal history entirely
- Seal or destroy the court record
- Reinstate gun rights (unless separately petitioned)
- Prevent the government from seeing your record during certain background checks, such as for public employment or immigration
What If I Was Arrested but Not Convicted?
If you were arrested but never charged, or your case was dismissed, you may be eligible to seal your arrest record under California’s “arrest record sealing” laws (Penal Code § 851.87 and SB 393). Sealing makes the arrest invisible to most background checks and treats it as if it never happened.
How the Expungement Process Works
- Obtain a copy of your criminal record.
- Determine if you meet the eligibility requirements.
- File a petition for expungement in the court where you were convicted.
- Attend a hearing, if required by the judge.
- If granted, your conviction will be dismissed under California Penal Code § 1203.4.
The process usually takes a few months, but it can vary based on court schedules and complexity.
Ready to Clear Your Record?
A criminal conviction doesn’t have to define your future. If you’ve met the legal requirements and are ready to move on, expungement can help you take that step forward.
If you’re not sure whether you qualify, speak with a criminal defense attorney who can review your case, file the necessary paperwork, and guide you through the process from start to finish.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
