Were you convicted of a felony or misdemeanor and weren’t required to serve time in a state prison? If so, you might be eligible to have your case expunged under Penal Code 1203.4 PC. Having your record expunged can help you get a fresh start and help restore your reputation, which can benefit you in terms of finding gainful employment and suitable housing. Below, we explain the eligibility requirements for expungement in the state of California.
Am I Eligible for Expungement?
You will need to meet the following requirements to petition for expungement:
- You have a felony or misdemeanor conviction
- Currently, you aren’t facing any criminal charges
- You aren’t currently serving a sentence for a criminal offense
- You didn’t serve time in a California state prison
- You have completed probation or you were granted early termination of probation
- You don’t have outstanding court fines
- All requirements of your sentence, including community service and other programs, have been completed
- You weren’t charged and convicted in federal court
If you did not receive probation and it has been at least 1 year since your conviction, you might still be eligible for expungement, but the court has the discretion to determine if you meet the following criteria:
- You didn’t fulfill every probation requirement but you paid all restitution and aren’t currently charged with or serving a sentence for another criminal offense
- You were convicted of a misdemeanor for solicitation/prostitution and completed your probation, or you can show that your conviction was the result of you being a victim of human trafficking.
- You were convicted of a felony and sentenced to the county jail and it has been at least two years since the completion of your sentence (If you want a felony conviction expunged, then it must first be reduced to a misdemeanor)
- You were a member of the United States military and suffered mental health or other trauma/injury-related problems as a result of your service
Set Up a Legal Consultation with Our Expungement Lawyers
At Lessem, Newstat & Tooson, LLP, our team of skilled attorneys is committed to helping clients navigate the complex process of expunging convictions from their records. If you or someone you know would like to have a record expunged, then you should immediately get in touch with our firm so we can take a look at your case and explain all of your options under the law. If we determine you’re eligible for expungement, we can assist in handling the filing of the petition.
Please call us today at (800) 462-7160 to schedule your free case review.