Do You Qualify for Expungement in California? Common Myths and Eligibility Rules

A criminal conviction in California can continue to affect your life for years after you’ve completed your sentence. That mark on your record can continue following you and may affect your employment and housing prospects. Fortunately, expungement offers a second chance for many individuals in this difficult situation.

However, expungement is one of the most misunderstood parts of California criminal law. People often assume that any conviction can be wiped clean, or that once a case is expunged, it’s as if it never happened. Unfortunately, that’s not how the law works.

If you’re curious about expunging your criminal record in California, the Law Office of Amy Chapman is here to help. We can evaluate your case, determine whether you qualify for expungement, and guide you through each step of the process. Call us today at (707) 636-3207 to learn more in a free consultation.

What Is Expungement Under California Law?

In California, expungement refers to the legal process of dismissing a conviction from your criminal record. This is authorized under California Penal Code § 1203.4, which allows individuals who have successfully completed probation to petition the court to withdraw their guilty or no contest plea and have the case dismissed.

This can be useful when applying for jobs, housing, or professional licenses. In most situations, private employers are prohibited from asking about or using expunged convictions against you in hiring decisions.

However, it’s important to understand the limitations. Expungement in California does not:

• Restore your right to own or possess firearms.
• Remove your obligation to register as a sex offender, if applicable.
• Guarantee the conviction will be hidden from all background checks (government agencies and licensing boards may still see it).
• Prevent your record from being used as a prior conviction if you’re charged again in the future.

It’s important to be aware of what expungement can and cannot do before you begin the process.

Who Qualifies for Expungement in California?

To qualify for expungement in California, you must have completed probation and other terms of your sentence, paid all fines and restitution, and not be facing any new charges. Most misdemeanors and many felonies without state prison time are eligible, especially if the felony can be reduced to a misdemeanor. However, convictions involving serious sex offenses or those that resulted in state prison time (without realignment eligibility) are generally ineligible.

Common Myths About Expungement

Many people who look to clear their criminal record in California are misled by common myths about expungement. These misunderstandings can create false hope or stop someone from pursuing a second chance they’re legally entitled to. Let’s break down the most persistent myths and clarify the truth about them.

Myth #1: Expungement Completely Erases Your Criminal Record

One of the biggest misconceptions is that expungement makes a criminal conviction vanish as if it never happened. In reality, the conviction is not deleted from your record. Instead, the record is updated to reflect that the conviction was dismissed under California Penal Code § 1203.4. This means your record will still show the original charge, the plea you entered, and the fact that the court later dismissed the case.

Myth #2: All Convictions Can Be Expunged

Not all criminal convictions are eligible for expungement under California law. Serious offenses, such as sex crimes against children or any crimes that resulted in a state prison sentence, are typically not eligible. If you were sentenced to state prison and your case doesn’t qualify for relief under recent criminal justice reforms, you may not be eligible to petition for expungement.

Myth #3: You Can’t Expunge a Felony

Many people think that only misdemeanors may be expunged, but that’s not true. In fact, many felonies are eligible, especially if you were sentenced to probation rather than state prison. In some cases, felonies can even be reduced to misdemeanors under Penal Code § 17(b) before being expunged.

However, there are still some felonies that can’t be expunged, such as serious violence or sex offenses. But don’t assume a felony conviction disqualifies. An experienced Santa Rosa criminal defense attorney can help you determine whether your felony conviction may be expunged.

Myth #4: You Have to Wait 7 Years to File for Expungement

Unlike some other states, California does not have a seven-year waiting period for expungement. The real requirement is that you must have completed your probation, either at its scheduled end or through early termination, before filing a petition for expungement. You must also not be facing any new criminal charges or serving time for another offense.

Myth #5: Expungement Restores All Your Rights

While expungement can help you overcome hurdles like finding housing or employment, it doesn’t restore all your civil rights. For example, it does not reinstate your right to own or possess firearms if that right was taken away due to your conviction. It also doesn’t eliminate immigration consequences.

Recent Reforms Affecting Expungement Eligibility

In recent years, California has made significant changes to its criminal justice system, many of which have expanded access to expungement and other forms of post-conviction relief. If you were previously told you didn’t qualify for expungement, these new reforms may have changed that. Here are some of the most important recent legal developments that could affect your eligibility.

Proposition 47 (2014)

Proposition 47 reclassified several low-level, nonviolent felonies as misdemeanors, such as simple drug possession and petty theft. This change not only reduced future penalties but also allowed people with past felony convictions to petition the court for re-sentencing and reduction to a misdemeanor.

Once the charge is reclassified as a misdemeanor under Penal Code § 1170.18, it may then be eligible for expungement, even if you served time in state prison. This has allowed countless Californians to expunge old, nonviolent felony convictions.

Proposition 64 (2016)

With the legalization of recreational marijuana in California, Prop 64 included provisions that allowed individuals to reduce or dismiss old marijuana-related convictions that would no longer be considered crimes under the new law.

This means people previously convicted of offenses like possession, cultivation, or transportation of marijuana may now be eligible for dismissal, even if they served jail or prison time. Courts are now required to review and act on these petitions proactively, but individuals may also file on their own to expedite the process.

Senate Bill 731 (2023)

SB 731 is one of the most sweeping criminal record reform laws in California’s history. It created automatic record sealing for many people who completed their sentences and remained crime-free for a set number of years (typically 4 years).

This law does not eliminate the need for expungement in all cases, especially for people who want immediate relief or whose convictions are not eligible for automatic sealing. However, it does significantly expand access to record clearing for people who have served their time and stayed out of trouble afterwards.

How the Expungement Process Works

The expungement process in California is not overly complicated, but it does require attention to detail, proper documentation, and in some cases, court appearances. Here’s a step-by-step look at how expungement typically works.

Filing the Petition

The process begins by filing a petition in the same court where your original conviction took place. You’ll need to provide case details, such as the conviction date, the charge, and proof that you’ve completed probation on your sentence.

In some cases, you may also need to request:

• Early termination of probation, if you’re still serving it.
• Reduction of a felony to a misdemeanor under Penal Code § 17(b) before petitioning for expungement.

Court Review and Hearing

After the petition is filed, the court will review your case. Depending on the county and the specifics of your conviction, a hearing may be scheduled. The district attorney can object to the petition, especially if there were probation violations, unpaid restitution, or new offenses on your record.

At the hearing (if one is held), the judge will evaluate your rehabilitation and the merits of your request. A criminal defense attorney can help you present your case effectively and may be especially useful if any complications arise.

Outcome and Record Update

If the judge grants your petition, the court will allow you to withdraw your plea of guilty or no contest, enter a plea of not guilty, and dismiss the case. Your record will be updated to reflect that the conviction has been dismissed.

This updated status will appear on most background checks and can legally be stated on job applications as a dismissal, not a conviction. However, remember that some government agencies may still see the original record.

Learn More From a Santa Rosa Criminal Defense Lawyer

While California law allows individuals to file for expungement on their own, working with an experienced criminal defense attorney is often a good idea. Your lawyer can help you avoid delays and common mistakes that result in denial. At the Law Office of Amy Chapman, our Santa Rosa expungement lawyers are proud to help our clients move on with their lives after a criminal conviction. Give us a call today at 707-636-3207 to discuss your expungement in a free consultation.

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