How long does expungement take in California?

What is the new California expungement law in 2024?

Starting in July 2024, non-serious, non-violent, and non-sexual felony convictions will be automatically sealed from public view for those who have completed their sentences and remained crime-free for four years. This eliminates the need for legal representation and streamlines the process for many Californians.

How fast can you get your record expunged in California?

We have successfully expunged hundreds of misdemeanor records all over California. The procedure will take from 8 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is.

Which is better a pardon or expungement?

If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.

What happens after expungement in California?

An “expungement” is a dismissal of the conviction after the conviction takes place. So, after all of your convictions are dismissed, you are legally allowed to say you have no convictions. Expungement does not: give you back the right to have firearms.

What is the second chance law in California?

In California, the “2nd Chance Law” refers to a set of laws and initiatives that aim to provide individuals who have been convicted of a crime with the opportunity to have their criminal records sealed or expunged.

Can FBI see expunged records?

A Level 2 FBI Background Check

A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.

How to check if your record has been expunged in California?

The easiest way to check if your criminal record has been expunged is to visit the court where your case was handled and ask to see the records. If the court tells you they don't have your records, it means they were expunged.

What is the clean slate law in California?

There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.

Can I do my own expungement?

Get Legal Help With the Expungement Process

While you may apply for expunction without an attorney, consider hiring one to assist you. To learn more about the expungement process in your state, contact an experienced criminal defense attorney.

Can police see expunged records in California?

Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.

How do I check my expungement status?

Contact the Clerk of Court

Another effective way to confirm your expungement status is by contacting the Clerk of Court in the jurisdiction where your case was filed.

Can employers see expunged records in California?

This means that for a vast majority of the jobs you will be applying for, your expunged conviction will NOT be visible to your potential employer and you have no duty to disclose any convictions that have been expunged, which necessarily drastically increases your marketability.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

What records Cannot be expunged in California?

The correct legal term in California is not expungement, however, many people use it to refer to the sealing of arrest records or the dismissal of convictions. Arrests or convictions that cannot be sealed or dismissed in California include: Serious or violent felonies like robbery, rape, murder, first-degree burglary.

What is partial expungement?

A “Partial” or “991c” expungement clears a person's court record associated with a criminal matter (at the Court Clerk's office, oscn.com, and odcr.com), but it does not expunge the arrest record associated with the incident.

Can the president expunge a criminal record?

No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record.

How can I get my record expunged in California for free?

Does California have automatic expungement?

Assembly Bill 1076 established an automatic expungement process for most misdemeanor convictions and many non-violent felony convictions. The eligibility requirements for the automatic expungement relief are: You completed probation without any probation violations on record.

Do I have to disclose an expunged felony in California?

If Employers ask if you have ever been convicted of a crime, you can respond with "NO". On questions from Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you should disclose the expunged case but can tell them it has been dismissed and set aside.