The weight of a felony conviction can feel like carrying a heavy stone through life. It affects job prospects, housing opportunities, and even personal relationships. However, California law offers a path to clearing certain felony convictions through expungement. At Kosnett Law Firm, we help our clients explore their options for expungement and guide them through this life-changing legal process.
Felony Expungement in California
Expungement is a legal process that removes or “cleanses” a conviction from someone’s criminal record and makes it easier for them to rebuild their lives without the shadow of a past mistake. Although an expunged record may still be accessible in certain situations, it offers substantial relief to those who want a second chance.
In California, expungement of a felony conviction does not mean a complete erasure of the crime; rather, it updates the court record to reflect that the individual completed their sentence and was discharged from legal penalties. To qualify for expungement, several criteria must be met.
Eligibility Criteria for Felony Expungement
California has specific requirements for anyone seeking a felony expungement. It is crucial to ensure these criteria are met before applying, as failure to meet the requirements can result in denial of the request.
- Completion of Sentence Requirements
One of the most critical criteria is the completion of all sentencing requirements associated with the felony conviction. This includes serving jail or prison time, completing probation, paying fines or restitution to victims, and fulfilling any other court-mandated conditions. The court requires proof that the individual has met all sentencing terms before considering an expungement application. - Felonies Eligible for Expungement
Not all felonies can be expunged. Felony offenses that result in a state prison sentence typically cannot be expunged as these are considered more severe crimes in California law. However, if the sentence was served in county jail rather than a state prison or if probation was granted in place of jail time, expungement may be possible. Common felonies eligible for expungement include some types of theft, drug offenses, and non-violent crimes, though eligibility may vary based on specific circumstances. - Compliance with Probation Requirements
Individuals on probation for a felony must complete their probationary period before they can apply for expungement. However, if an individual has performed exceptionally well on probation, it is possible to petition the court for early termination of probation. This can sometimes expedite the expungement process and allows individuals to request expungement sooner than they would if they were to complete the full probation term. - No Pending Criminal Cases
To qualify for expungement, applicants must not have any open or pending criminal cases against them. This includes any misdemeanor or felony charges that are currently unresolved. The court will deny an expungement request if there are ongoing criminal proceedings, as it views open cases as evidence that the individual may not be fully rehabilitated. - Multiple Convictions and Expungement
While California does allow individuals with multiple felony convictions to seek expungement, each conviction must be evaluated separately. This means that for each felony on an individual’s record, a separate expungement petition must be filed. It is also worth noting that while a single felony expungement may help one’s record, expunging multiple convictions can lead to a more comprehensive clearing of their criminal history.
The Benefits and Limitations of Expungement
While expungement offers significant relief, it is important to recognize both its benefits and limitations.
Benefits of Expungement
The primary benefit of expungement is the removal of barriers that often accompany a felony record. For instance, expungement can make it easier to secure employment, as California law prohibits most employers from inquiring about expunged convictions. Expungement may also improve eligibility for professional licenses, help with obtaining housing, and, in some cases, restore social rights, such as the right to serve on a jury.
Limitations of Expungement
It is also essential to understand that expungement does not erase the conviction entirely. Certain government agencies like law enforcement and licensing boards may still be able to access expunged records. Additionally, expungement does not restore firearm rights lost due to a felony conviction. Individuals seeking to restore these rights must explore other legal avenues.
Moving Forward with Expungement
For those seeking to clear their record in California, the path exists but requires careful consideration. Each case brings unique challenges and circumstances. At Kosnett Law Firm, we evaluate each situation individually to determine the best approach for achieving successful expungement. Contact our office today to discuss your eligibility for felony expungement in California.
Related Links:
- What is the Difference Between a Certificate of Rehabilitation and Expungement in California?
- How Do You Start a Petition for Expungement?
- What Types of Crimes Can Be Expunged?
