Expungement: The Eradication of Your Criminal Past

So, you’re filling out that job application or applying for school and must answer the dreaded question: “Have you ever been convicted of a crime?”  And then the realization hits you; do I really have to disclose that DUI I got 20 years ago when I was in college?  Do I really have to disclose the details of that fight I got into that lead to an arrest and then a short stint in the pokey?  Well, unfortunately, if you lie about it, depending on the job you are applying for, your potential employer will likely find out about it, and your chances of getting that job will diminish considerably if not completely.  Even if you tell the truth and disclose, the fact of the conviction may give someone else applying for the same job with the same experience as you an edge.  Furthermore, some employers may simply not want to hire you because of an unfortunate incident in your distant past. Fortunately, there may be something you can do about it.

In many cases, if your involvement with the criminal justice system resulted in a misdemeanor conviction, you may be able to get that conviction “expunged” or erased.  California Penal Code section 1203.4 provides that, in a case where you have fulfilled the conditions of probation for the entire period of probation, or have been discharged prior to the termination of the period of probation, and if you are not serving any sentence for any other offense and are not on probation for any other offense, and have no new cases pending, your record may be cleared.   What happens is this: upon preparation and filing of the appropriate petition, the court will re-open the case, allow you to withdraw your plea of guilty or no contest, or otherwise set aside the judgment of guilt, and then dismiss the case.  The Order “expunging” your record will be disseminated to the appropriate criminal record keeping agencies and with certain limited exceptions, when asked if you have ever been convicted of a crime, you will be legally able to say, “no.”  The exceptions are if you are applying for employment with a government entity, applying for a government issued license (like a real estate license), or if you are applying to contract with the state lottery.  Then, you would have to disclose the conviction, but you would say that it has been expunged pursuant to law, or pursuant to Penal Code section 1203.4.  Note that there are other remedies available if the conviction was a felony as opposed to a misdemeanor, and there are certain offenses for which this remedy is precluded altogether.

Depending upon which county the motion is filed in, this process may take anywhere between 30 to 90 days.  When records of an arrest or conviction are expunged, a notation is made in the file that the records are off limits to all except law enforcement personnel.  As such, for almost all purposes you can treat the conviction as though it never happened.  Please note that this is generally how it works in California.However, the rules about who is eligible for expungement, and the effect of expungement, vary from state to state.

There are many reasons why it may be important to you to have your record cleared.  You may be seeking employment or admission to graduate school.  It may be as simple as the situation where you and another candidate have similar credentials but you are the one with the criminal record thereby giving another person a competitive edge.  It may be as simple as a desire to clean up the past so that the future looks even brighter.  You decide the reason.  Let me help with the nuts and bolts of getting it done.  It's not that expensive or time consuming, but you should have a qualified lawyer help you.