A criminal history can hinder your ability to pursue the job of your dreams, rent a decent apartment, and retain custody rights. If you have been found guilty of a felony, the conviction will stay on your record for the rest of your life. You may be discouraged but unaware of how to remedy your situation. The type of criminal offense, if you were arrested, charged, or convicted, and other circumstances will determine your eligibility to clear your record.
Our criminal defense lawyers discuss clearing your name and California’s approach to sealing records.
What is Expungement, and Who is Eligible?
Expungement, or expunction, erases a person’s criminal record. When a record is expunged, you will no longer be required to disclose the offense on a job or rental application. An expungement removes the record, treating it like it never existed. However, government agencies and other public employers can still see your record.
To be eligible for an expungement after a conviction in California, you must have completed probation but not have served time in state prison. Defendants prosecuted for serious felonies, including violent crimes and sex crimes, are ineligible for expungement.
Sealing a Criminal Record
In contrast, sealing your record makes it inaccessible to the public, although law enforcement, the courts, and government agencies can still view it. However, your record will not appear on a background check, allowing you more employment and housing opportunities. Depending on the crime, your record may be sealed automatically, or you may need to petition the court. If you committed a serious felony, you will be ineligible to have your record sealed. Under state law, a serious felony includes murder, voluntary manslaughter, rape, arson, and child pornography.
Clean Slate Act
Under California’s Clean Slate Act, which took effect July 1, 2023, the Department of Justice will review criminal records monthly to determine which individuals are eligible for automatic sealing of records. If you were arrested but no charges were filed against you, your record will be automatically sealed after three years. If you are convicted of a serious felony or sexual offense, you will be ineligible to have your record sealed automatically or by petition.
Under the law, the following convictions will be eligible for sealing, given that your record remains clean after serving time or probation:
- One year of completing your sentence for a misdemeanor offense
- Four years after completing your sentence for a felony offense
- Upon completion of probation for a misdemeanor or felony offense
The law is complicated, but our legal team is dedicated to bettering your life. By limiting information on a criminal background check, you afford yourself the chance to have a higher-paying position, which can drastically improve your life. Even if you believe you do not qualify to have your record cleared, you should speak with our CA criminal defense attorneys to see what legal options may be available.
Want to Clear Your Name? Contact Our CA Criminal Defense Lawyers Today
Our legal system is unfair when it comes to the collateral consequences that former convicts face, especially those who have been convicted of a felony. A criminal record can tarnish your reputation, preventing you from making advances once your time has been served.
At Bamieh & De Smeth, PLC, we are committed to helping individuals on the wrong side of the law put the past behind them. To learn how we can assist you or more about our services, contact us online or by phone to schedule your free consultation.
