While each expungement case is unique and there are exceptions in some instances, the majority of individuals who were sentenced to the county jail, probation, a fine, or a combination of these penalties are eligible to seek their record for misdemeanor and felony charges be expunged. Under California Penal Code 1203.4, you must satisfy the following requirements:
Situations Where Expungement May Be Available
Call our law office and hire our California expungement lawyer right now to find out if you might be eligible for a criminal record expungement if any of the following situations apply to your situation:
- Did not spend any time behind bars for the crime OR
- Served time in state prison, but would have done so in county jail if the offense had been committed after the passage of Proposition 47.1‘s “Realignment.”
- Served a sentence for a non-violent offense and took part in a conservation campfire crew with the California Department of Corrections and Rehabilitation (CDCR). AB 2147 became effective on January 1, 2021, allowing former members of fire crews to have their criminal histories wiped to remove obstacles so they can apply for work as firemen in the community after their release.
If you effectively completed probation and meet all of the conditions listed below, you might be eligible for expungement.
- There will be no more illegal acts.
- Followed all of the jail’s and court’s rules.
- You’ve shown up for meetings with your probation officer on time.
- Paid a fine and reparation.
- Have finished my community service.
- Consented to searches of your person or property by law enforcement officials, with or without a search warrant
- Participated in an Alcohol or Drug Rehabilitation Program if required.
- Are not on parole or probation now.
Who Does Not Qualify For Expungement?
Most of the time, if you go to state jail, you won’t be able to get your criminal record cleared. There are some exceptions, so look below to see if you might be eligible. Also, some specific crimes are not qualified for expungement.
There may be more choices available to you if your situation does not fit into the three categories described above. Under Penal Code section 1203.4, we may be able to assist you in requesting a Governor’s Pardon. The conviction will still be on your record, but a pardon from the governor indicates that you have made amends and are ready to contribute to society once again.
When To Get My Record Expunged?
- You can ask for your record to be expunged as soon as you have completed all of the conditions of your probation. If the court dismisses your probation before the completion of your term, you may file a petition for expungement when your probation is up. (Section 1203.3 of the Penal Code)[ii].
- If you get convicted of a misdemeanor or violation but are not sentenced to probation, you must wait one year from the date of the judgment before filing a petition.
In need of a California expungement lawyer? Contact the Law Offices of Kareem A. Ramadan at (888)-506-6519 for a free review of your case. Our experienced California expungement lawyers will carefully examine your expunged case, increasing your chances of receiving the help you need. Get in touch now.