According to Penal Code 1203.4 PC, if you were convicted of a felony or misdemeanor but have successfully completed your parole or probation, you may qualify for expungement if your sentence included time in state prison; however, you do not qualify. Expungement means erasure from your record, so defendants would no longer have to identify as felons on employment applications. It will be as if the felony conviction never occurred.
Criteria and Qualifications for Expungement in California
It can be confusing to know whether you qualify for an expungement, so working with legal representation may be the best course of action if you are reaching dead ends.
In California, there are several crimes and situations that can exclude defendants from expungement, like:
- If you are currently on probation for the crime, you do not qualify.
- If you are charged with a criminal offense, you do not qualify to enter into the expungement process.
- If you have been convicted of a sexual crime against a child, you do not qualify.
California does allow you to have your criminal record expunged if you meet the qualifications:
- If you have completed your parole or probation without incurring additional criminal charges
- You have completed your probation or parole completely, and if you are in an accelerated program, it must be documented
- You have finished your rehabilitation programs without any new crimes, attended every required court appearance, paid fines and restitution, and completed both recommended and required counseling and community service
Crimes that cannot be expunged
As mentioned before, some felonies render a defendant automatically ineligible for expungement. This is not temporary ineligibility; it is final. Regardless of whether the defendant completes the term of their release or parole, it will not change your felony conviction status.
Permanent ineligibly applies to crimes directly from the California Penal Code:
Penal Code 286(c) PC – Sodomy with a child,
Penal Code 288 PC – Lewd acts with a child,
Penal Code 288a (c) PC – Oral copulation with a child,
Penal Code 261.5(d) PC – Statutory rape.
Contact Samra Dhillon and Associates Today
Once enough time has passed after your parole or probation, contact the attorneys at Samra Dhillon and Associates. We understand you are ready to get your life back on track. Let our team help you compile the required paperwork and walk you through the proper steps to expunge your conviction record. Speaking to our attorney about expungement requirements in California can help you understand your situation. Contact our office today at (916) 571-1550 for a free consultation.