Who qualifies for expungement in California?

Asked by: Hertha Kuhn  |  Last update: March 20, 2025
Score: 4.1/5 (18 votes)

Generally, you qualify for an expungement under Penal Code 1203.4 if you: committed a felony or misdemeanor and were not incarcerated in the California state prison, fulfilled the terms of your probation, and.

What are the requirements to expunge your record in California?

You are most likely to be entitled to expunge your records if you meet the following criteria:
  • You have been convicted of a felony or misdemeanor.
  • You are not currently facing any criminal charges.
  • You are not currently serving a sentence for a criminal offense.
  • You did not serve time in a California state prison.

What is the new law for expungement 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.

What cases cannot be expunged in California?

Charges that cannot be expunged: Murder, attempted murder, voluntary and involuntary manslaughter, serious sex crimes, serious violent crimes, certain domestic violence crimes, felonies committed while on probation, and some traffic offenses cannot be expunged from your record.

Is expungement worth it in California?

There are many benefits to expunged convictions. First and foremost, it will give you peace of mind. As expressed in the California Penal Code 1203.4, expungement absolves a person of all discrimination and penalties that can result from a conviction.

Can you Expunge a Felony Conviction in California?

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Will an expungement show on background check in California?

While an expunged conviction will still show up on background checks, it will also show that it has been dismissed, which can improve your chances of employment or housing.

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.

How much does expungement cost in California?

Misdemeanor Expungements $900* Misdemeanor DUI Expungement $1,075. Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,500.

What is the second chance law in California?

This reform offers a fresh start for many Golden Staters who have served their time and are committed to rebuilding their lives. Senate Bill 731 went into effect in mid-2023 providing Californians with most kinds of felony convictions, including violent crimes, the opportunity to ask for their records to be cleared.

What kind of felonies can be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

Does your criminal record clear after 7 years in California?

As a result, if you have a misdemeanor conviction, it is important to understand what will show up on a background check. In California, criminal convictions will show up on an individual's background check for seven years.

Can I own a gun after expungement in California?

Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.

What is the 7 year rule for criminal background checks in California?

The FCRA includes a seven-year rule that prohibits background check companies from reporting certain types of adverse information that is older than seven years when the position the applicant has applied for pays a salary of less than $75,000 per year, which will be explained below.

What is the new California expungement law 2024?

2024 Update: California has recently adopted legislation that limits some offenses (specifically violent and serious felonies under §1192 and §667) from expungement eligibility.

What is the clean slate program in California?

The Clean Slate Program is a reentry program that provides free legal services to persons convicted of criminal offenses in Fresno County who are eligible for record clearance. Clearing your criminal history may make finding employment, obtaining housing, and getting educational financial aid easier.

What is the difference between expungement and sealing in California?

Key differences between sealing and expunging include: Sealing a criminal record means restricting access to it, while expunging means dismissing it. Sealed records are not visible to the public, including potential employers and landlords, but they are still visible to law enforcement agencies.

What is the 50% rule in California?

The “Fifty Percent Law” (50% Law), as defined in Education Code Section 84362 and California Code of Regulations Section 59200 et seq., requires each district to spend at least half of its current expense of education each fiscal year for salaries and benefits of classroom instructors.

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

How do I apply?
  1. Contact the Public Defender or legal aid. The Public Defender or legal aid in the county where you have convictions will be able to help you start the process.
  2. Submit petitions if eligible. In about 2-6 weeks, the Public Defender or legal aid will contact you. ...
  3. Receive decision.

What is the Sunshine law in California?

What is the Sunshine Ordinance? The Sunshine Ordinance is an ordinance to insure easier access to public records and to strengthen the open meeting laws. The Sunshine Ordinance also outlines a procedure for citizens to follow if they do not receive public records they have requested.

Who is eligible for expungement in California?

Due to recent changes in California law, most Californians with felony convictions are eligible for record expungement. Eligibility: You may not be under post-release supervision. You must have been off post-release supervision for at least two years.

Will my expunged record show up on a background check in California?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

Is expungement worth it California?

For most people, the most valuable benefit of expunging your California criminal record is that it can assist you in securing employment, in spite of suffering a criminal conviction. Today, almost every employer does a background check before hiring a job applicant.

Can a judge see an expunged record?

If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.

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.