Expungement

EXPUNGEMENT FAQ’S

How long does a conviction stay on your criminal record?

Criminal records are maintained indefinitely. It is a myth that criminal records are erased after a certain number of years.

Who has access to criminal records?

Criminal records are “public records”, and are therefore accessible to anyone.

What is expungement?

In California, when you expunge your record, the judge will set your plea of guilty or no-contest, or conviction after trial, aside, a plea of not guilty will be entered on your behalf, and the case against you will be dismissed.

Does an expungement erase all records and destroy the court file?

No. An expungement changes and updates the disposition of cases to relect a dismissal pursuant to an expungement. This means that the court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordered dismissed by the court.

What kinds of criminal convictions can be expunged?

Generally, if you committed a felony or misdemeanor, and were not sentenced to state prison, and fulfilled the terms and conditions of your probation, you qualify. A limited number of sex crimes against minors and vehicle code violations are not eligible for expungement. If you have served prison time and have multiple convictions, it is still worth it to expunge any convictions that didn’t lead to a prison sentence.

Do I have to appear in court?

Typically not. If you are represented by an attorney, your attorney will appear in court on your behalf. If you represent yourself in Riverside County, you will not have to actually appear in court. However, there can be certain advantages to going to court in these types of proceedings.

If a record is expunged, do I have to tell employers about a criminal record?

Typically not. If you expunge the record of your case, you can legally answer “no” if you are asked whether you have a criminal record. There are three exceptions:

1. if you plan to become a peace officer or run for public office;

2. if you want to work for the California state lottery;

3. if you want to apply for a state license.

Can an expungement assist me in finding employment?

Yes. If the employer does not conduct a background investigation, they will never find out about the conviction because you are not legally require to disclose your prior record. If an employer does conduct a background investigation, the employer will discover that the matter was expunged, and that you successfully completed all the terms of probation, and that the court has granted you a clean slate.

Will an expungement assist me in obtaining a state license?

Yes. Many licensing agencies require that you expunge the record of your conviction prior to the issuance of a license.

How does the court decide whether or not to grant an expungement?

If you successfully completed the terms of probation, are not currently serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, the court must grant an expungement. In other cases, the court has discretion to grant an expungement when it determines, in the interests of justice, that you be granted relief.

How long will the expungement process take?

Officially, it should take between 1-2 months. However, we’ve also heard of it taking as little as two weeks.

How much does an expungement cost?

The Superior Court cannot charge more than $120 for the application for expungement, and many counties charge substantially less that that. Additionally, financial inability to pay is not sufficient cause to deny an application for expungement. People considered “low income” may be eligible for a fee waiver. If you hire an attorney, the cost of the process would depend on the attorney you choose.

Do I have to have an attorney to get an expungement?

No. You do not need to have an attorney in order to apply for an expungement. However, every case is different, and it is often wise to consult with an attorney prior to making an application on your own. Additionally, without an attorney, the court will probably not be provided with additional information that may convince him or her to grant your application.

When is a declaration needed?

Declarations are needed anytime the expungement would not be automatic. Expungements are automatic/mandatory if you were convicted of a misdemeanor and either there was successful completion of probation or it was terminated early. Otherwise, declarations are needed when probation has been violated, there was a felony offense, there are multiple offenses, or when the nature of the conviction suggests that a declaration would be appropriate. You may want to prepare a declaration in advance and decide in court whether you will offer it.

If I am ineligible for an expungement for some reason, are there other options to clean up my record?

Yes. You should consult with an attorney to discuss the many option that exist.

Is there anyone who can help me?

The Riverside County Public Defenders Office can assist in all aspects of expunging a Riverside County conviction. Check with the County Public Defender's Office in the county of the conviction.

http://www.courts.ca.gov/1070.htm & Riverside County Public Defender