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Can I be denied a job because of an expunged conviction?

An expungement under California Penal Code 1203.4PC allows a defendant to withdraw a plea of guilty or no contest, to reenter a plea of not guilty, and to accept the instance dismissed. When the court grants information technology, an expungement releases an individual from many of the negative consequences of a criminal conviction.

The linguistic communication of 1203.four PC states that "(a) In any case in which a accused has fulfilled the weather of probation for the entire period of probation, or has been discharged prior to the termination of the menses of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the accused shall, at any fourth dimension after the termination of the menstruation of probation, if he or she is not so serving a judgement for any offense, on probation for any offense, or charged with the committee of whatsoever law-breaking, be permitted by the courtroom to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been bedevilled after a plea of non guilty, the court shall ready bated the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the accused and except as noted beneath, he or she shall thereafter exist released from all penalties and disabilities resulting from the criminal offense of which he or she has been convicted, except as provided in Department 13555 of the Vehicle Code."

Who is eligible to have a conviction expunged?

Expungement is available to defendants convicted of either California misdemeanors or felonies provided that:

The defendant has successfully completed probation for the offense, and
The defendant either:
- Did non serve time in land prison for the criminal instance, or
- Served time in state prison, but would take served it in the county jail had the crime been committed afterwards implementation of "Realignment" under Proffer 47.¹

Note that the California Department of Justice will review and seal all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. This process should be done by July 1, 2020. See California Assembly Pecker 1793 (2018).

What does a California expungement do?

Nether Penal Code 1203.4, an expungement releases an individual from virtually "all penalties and disabilities" arising out of the conviction.²

1 particular benefit is that an expunged conviction does not need to be disclosed to potential employers on job applications.

As it is, California's ban the box police, AB 1008, bars employers from asking about a job applicant's criminal record until at that place is a conditional offer of employment.

But once a conviction has been expunged under California police force, it does not have to be disclosed to an employer even after the employer makes a conditional offer of employment.

Who is not eligible for an expungement in California?

People are not eligible for expungement if they:

are currently charged with a criminal criminal offence,
are on probation for a criminal offense or
are serving a sentence for a criminal offence.

A person is also not eligible for expungement if convicted of certain sexual practice crimes involving children.

People who are not eligible for expungement may be able to get relief for their offenses through:

A Certificate of Rehabilitation and/or California governor'due south pardon, or
Exchange of a California prison judgement.

To aid you amend understand Penal Code 1203.4 expungements, our California criminal defence lawyers talk over, below:

If, after reading this article, you would like more than information about how to expunge a criminal record in California, we invite y'all to contact united states of america at Shouse Law Grouping.

employer conducting a criminal records background check - after a Penal Code 1203.4 PC expungement, employers cannot hold the conviction against a job applicant

Once a conviction has been expunged, the court instance does not have to be disclosed to an employer even afterwards the employer makes a conditional offering of employment.

1. How the California expungement procedure works

An expungement is a form of post-conviction relief authorized past California Penal Code 1203.4 PC. It releases an individual from "all penalties and disabilities" arising out of a conviction.

As Newport Beach criminal defense attorney John Murray³ explains,

"In today'due south economy — where finding a chore is tougher than ever — you want to do everything in your power to make yourself the most desirable candidate. Conspicuously, this includes being able to country that yous have a clean criminal record--something that a PC 1203.iv expungement may let you to do."

Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. Dismissal of an law-breaking offers a "fresh start" from an otherwise criminal by.

1.1. Who is eligible to get a California expungement?

As a basic dominion, Penal Code 1203.four PC authorizes an expungement for a misdemeanor or expungement for a felony crime provided the applicant:

successfully completed probation (either felony probation or misdemeanor probation), and
is non currently:

charged with a criminal offense,
on probation for a criminal law-breaking, or
serving a sentence for a criminal offense.⁴

The person applying for PC 1203.4 relief must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below).

What does information technology mean to "successfully complete probation"?

"Successfully completing probation" means that an individual:

completed all the terms of his or her probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc.),
attended all required court appearances (either personally or through an attorney), and
did not commit any new crimes while on probation.

How does "realignment" bear upon eligibility under PC 1203.4?

Someone who was sent to California country prison — either at the time of judgment or because of a probation violation — does not generally authorize for a PC 1203.four expungement.

But there is an exception for people who would take served their sentence in county jail if they had committed the crime afterward "realignment." (For more information, please see the discussion on Penal Lawmaking 1203.42 in Section 1.4, below).⁵

Can prisoners who worked equally firefighters through a prison fire camp get an expungement?

In many cases, yes. And they may be able to go their parole waived. Larn more here: California Assembly Bill 2147 (2020).

1.2. Who is Non eligible to get a California expungement?

Every bit noted above, a conviction tin non exist expunged if the person who was convicted was sentenced to land prison UNLESS the crime is one for which the person would now be sentenced to jail.

Across that, there are too certain felony offenses that can never be expunged. These include serious sex offenses committed against children, such as

Penal Lawmaking 286(c) PC California's police force confronting sodomy with a kid,
Penal Code 288 PC California's lewd acts with a child law,
Penal Code 287 (c) PC California's law confronting oral copulation with a kid, and
Penal Lawmaking 261.5(d) PC California's statutory rape law, which prohibits sexual intercourse betwixt persons who are 21 years and older and persons younger than 16.⁶

1.3. Can I go an expungement if I violated (or didn't satisfy) my probation?

It is generally true that an bidder for expungement must take successfully completed all conditions of probation.

Only even for an private who received a probation violation, all hope is not lost. The courtroom will concord a special hearing to determine whether the applicant is nonetheless a good candidate for expungement.^vii

The court'due south discretion to dismiss a conviction

In the wake of a probation violation, the court has broad discretion as to whether to grant or deny a petition for a PC 1203.iv expungement. Factors that the approximate may consider include (just are not limited to):

the applicant'south overall operation while on probation,
the seriousness of the underlying conviction,
the applicant's criminal history, and
any additional evidence that shows why the applicant is deserving of this relief, such as
- opportunity to obtain a adept task,
- support of the applicant's family,
- potent community ties, etc.

one.iv. What if I could have been sentenced to county jail nether Prop 47 realignment?

Defendants who were convicted and sentenced to land prison may still exist able to expunge a confidence. Eligible applicants are those who would have been sentenced to jail for the law-breaking had it been committed after 2011's Proffer 47 Realignment legislation.

This exception is establish in California Penal Code 1203.42 PC. Relief under Penal Lawmaking 1203.42 is not automatic but may be granted by a courtroom, in its discretion. The guess can grant the if he or she believes it would exist in the interests of justice.

To qualify nether PC 1203.42, the crime must have been one currently punishable in county jail AND:

at least ii years accept passed since the defendant completed his or her judgement, and
the defendant is not:
- under supervised release for a crime,
- serving a judgement for any law-breaking,
- on probation for any offense, or
- charged with the committee of whatever law-breaking.

How do I obtain an expungement under PC 1203.42?

The expungement procedure in California starts by filing a petition with the courtroom under Penal Lawmaking 1203.42. The defendant may brand the awarding:

in person,
by an attorney, or
by a probation officer authorized in writing.

The court may then either:

Permit the defendant to withdraw his or her plea of guilty or "nolo contendere" (no contest) and enter a plea of not guilty, or,
If the defendant has been convicted later a plea of not guilty, set bated the verdict of guilty.

In either case, the court volition and so dismiss the accusations against the accused. Afterward, the accused will exist released from all penalties and disabilities resulting from the offense to the aforementioned extent every bit a regular expungement under PC 1203.4.

attorney speaking with client

The process to obtain an expungement contains many steps that a competent attorney can help you with

2. How do I expunge a criminal tape in California?

Expunging criminal records in California requires the following five steps:

Step one: Hire an chaser

The expungement procedure is confusing and time- and paperwork-intensive. At that place are many opportunities for mistake that could get an awarding denied. But experienced criminal defense attorneys know how to streamline the process and become it right on the start attempt.

Stride 2: Fill out the proper forms

A criminal defense force attorney knows which forms to use for each situation. Otherwise, almost expungement application forms are available at the relevant courthouse or through an cyberspace search.

For example, defendants who completed misdemeanor probation would make full out a petition to dismiss a misdemeanor nether PC 1203.4. If probation has not been completed, the defendant would instead fill out a motion to terminate probation. And if that is denied, the defendant would fill out a petition for dismissal.

Notation that felonies cannot be expunged until they become reduced to misdemeanors. Courts normally grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) downwards to misdemeanors. But not-wobbler felonies can only be reduced to a misdemeanor by filling out a class pursuant to PC § 17(b)(three). Merely so tin the defendant fill out a petition to dismiss a misdemeanor under PC 1203.4.

Also note that defendants must fill out ane course for each confidence to exist expunged. Defendants can also include character references with the expungement petition.

Pace 3: File for expungement

Once the proper forms are filled out, they must be filed with the court where the case was heard. The court volition usually respond within v months.

Every court has its own policies and fees. Sometimes expungement forms must exist delivered in person or mailed.

Timely filing paperwork is critical. For case, the applicant for expungement must provide the prosecutor with at to the lowest degree 15 days' observe prior to the hearing. This is to give the prosecutor an opportunity to review the case and object if desired.

Indigent defendants may be able to get financial assist to cover the filing fees.

Step 4: Prepare for the expungement hearing

Whether a defendant has to appear at his/her expungement hearing depends on the case. The defendant's criminal defense attorney volition keep him/her informed and help fix for the hearing if necessary.

Ultimately, the guess makes the decision whether to grant an expungement. In that location is no jury. Defendants are more probable to become an expungement if they are able to agree downwardly a chore, had no additional convictions, and have completed all required customs service.

Footstep 5: Refile if the petition is denied. Seal the expungement if the petition is granted.

If the gauge denies the expungement, after six months the accused can file a new petition with any required changes.

If the judge grants the expungement, the defense attorney should then seal the example so it is no longer visible to the public. And defendants tin can deny ever having a criminal tape in near situations. Some exceptions are if the defendant runs in public elections, applies for a state license, or seeks employment with the California Lottery Committee.

ii.1. What an expungement can exercise

There are numerous benefits to obtaining a California expungement. Some of the most significant include:

An employer may not discriminate against a job applicant based on expunged convictions⁹;
Easier to obtain a state professional license;
Expunged convictions tin can't be used to impeach someone's credibility as a witness in court (unless the individual is the defendant beingness prosecuted in the subsequent case);¹⁰ and
In some cases, helping avoid certain immigration consequences such equally deportation.

Limitations on the disclosure of expunged convictions to potential employers

The value of a PC 1203.iv expungement has increased significantly in contempo years.

This is because, in the by, a person's criminal history was unlikely to be discovered by anyone but law enforcement.

Merely then information companies began indexing criminal court records into vast national databases that could be searched by name and date of birth.

This new engineering science allows potential employers, licensing agencies and professional organizations to conduct a background check and find a criminal record in moments.

This is where the benefits of an expungement come into play. It is piece of cake now for potential employers to find out about a past criminal conviction.

But legally if a confidence has been expunged, they may not use information technology to deny employment to a task applicant.

ii.2. What an expungement will NOT exercise

Unfortunately, there are several limitations on what an expungement under California Penal Code 1203.iv PC can do. For example, an expungement volition not:

overturn a driver's license suspension or revocation,¹¹
restore California gun rights under Penal Code 29800 PC California'southward felon with a firearm law,¹² or
cease the duty to annals as a California sex offender under Penal Lawmaking 290 PC.¹³

Expunged convictions may as well yet be used equally prior convictions to enhance sentencing. For example, an expunged DUI conviction still counts as a prior if the person is later on arrested for another DUI.

And an expunged confidence that would count as a "strike" for purposes of California's three-strikes law is still a strike.^fourteen

How to obtain the relief an expungement cannot grant

Additional rights tin can ofttimes exist restored through culling avenues of postal service-confidence relief.

These include:

A California Certificate of Rehabilitation, and/or
A California Governor's Pardon^fifteen

two.3. When can I apply for a PC 1203.iv expungement?

Someone eligible under PC 1203.iv may petition the court to expunge a conviction on the earlier of:

completion of probation, or
early termination of probation (which must exist granted past a court).

(Note that an private who qualifies under PC1203.42 may simply petition the courtroom if at least two years take passed since the completion of his or her sentence).

Can I petition for early termination and expungement at the same time?

Many times, a California criminal defense force lawyer can expedite the expungement process by "packaging" a number of motions into ane.

The most common example of such packaging includes request the court in a single proceeding to:

grant an early termination of probation (which the courtroom has the pick of granting as long every bit the petitioner is in compliance with the terms of his or her probation),
reduce a felony to a misdemeanor (in cases where the felony offense is classified as a "wobbler" — that is, a charge that the district attorney could take filed equally either a felony or a misdemeanor), and
expunge a conviction.

two.4. What is the divergence between expungement and sealing/destroying records?

Many people who contact united states virtually expungements also wish to "seal and destroy" adult and juvenile criminal records.

Sealing and destroying abort records per SB 383 is a totally unlike process from expunging records of criminal convictions under PC 1203.4.

Someone is entitled to have a Californiaabort tape sealed and destroyed if:

the person was arrested, merely the prosecutor never filed criminal charges, or
the case was dismissed in court, or
the person was acquitted by a jury following a jury trial, or
the conviction was overturned and dismissed on entreatment, or
the defendant successfully completed a program of diversion, such as Prop 36 drug diversion or Penal Code 1000 deferred entry of judgment,¹⁶

Sealing an arrest record mostly allows someone to state that he/she has never been arrested for a criminal offence. This is because in order to seal a tape the judge must declare the petitioner factually innocent.

Sealing a juvenile arrest record

Sealing a California juvenile court record provides a petitioner with the same benefits as sealing an adult record. A person may seal a juvenile arrest record if:

1. he/she is currently an adult,or the jurisdiction of the juvenile court terminated at to the lowest degree 5 years agone,
2. as an adult, the person has not been convicted of whatsoever crimes of moral turpitude (that is, a criminal offense involving dishonesty or immoral behavior), AND
3. there is no pending civil litigation based on the juvenile incident.

Once the judge grants the motion to seal and destroy a juvenile arrest record it is sealed for 3 years and destroyed thereafter.¹⁷

3. Oftentimes Asked Questions about California Expungement Police force

Q. How long will my criminal record stay on the books subsequently I get an expungement?

A. Criminal records are maintained indefinitely even if a conviction was expunged under Penal Code 1203.iv PC. Criminal records do not automatically get away after a certain amount of fourth dimension. If the courtroom doesn't expunge or seal and destroy the record(s), the conviction(due south) will always be a part of someone's criminal tape.

Q. Who can access my criminal record afterwards I go an expungement?

A. Criminal records are "public records." Then anyone can access a criminal record fifty-fifty after a PC 1203.4 expungement — unless the record is sealed. People who often access criminal records includes potential employers, landlords, and licensing agencies.

Q. What happens when I expunge my record?

A. In California, when a tape is expunged, a plea of guilty or no-contest (or a conviction after trial) gets set aside past a judge. The applicant then enters a new plea of "not guilty" and the guess dismisses the example.^eighteen

Q. How long does it take to expunge my record?

A. Generally, we can have a PC 1203.4 petition filed and heard within one to 2 months. But this can vary depending on the county in which the petitioner resides. In cases where clients are actively seeking employment, nosotros tin seek to expedite the process.

Q. How do I find out if I qualify to have my record expunged?

A. Generally, an individual qualifies for an expungement under Penal Code 1203.4 if he or she: (1) committed a felony or misdemeanor and was not incarcerated in the California state prison, (ii) fulfilled the terms of his/her probation, and (iii) was not bedevilled of one of the specific crimes that make someone ineligible to receive a California expungement.^nineteen Simply, to brand sure, contact a California criminal defense chaser.

Q. What is "felony reduction"?

A. Someone who was convicted of a "wobbler" (that is, a crime that can exist charged as either a felony or misdemeanor), can generally petition to reduce the felony conviction to a misdemeanor.²⁰

Q. Will yous reduce my felony to a misdemeanor prior to expunging the tape?

A. Yes. If our client's conviction was for a wobbler, we will petition the court to have the felony reduced to a misdemeanor prior to having it expunged under PC 1203.iv. Nosotros volition also ask for an early termination of probation where appropriate.

Q. Does it cost more to have my felony reduced Earlier expungement?

A. No. The price is the same. Reducing the felony beginning but expedites the process.

Q. Practice I have to appear in court?

A. Generally not. The California expungement process typically allows a lawyer to appear on an applicant's behalf through all stages of the proceedings.²¹

Q. What is the filing fee for a California expungement?

A. It varies, depending on (1) the county in which the applicant resides, and (2) whether the bidder was convicted of a misdemeanor or a felony.

For case, Los Angeles Canton doesn't charge a filing fee per se, only will accuse a maximum of $120 one time the court rules on the motion. San Bernardino County charges a $270 filing fee. San Diego Canton charges a petition fee of $60 for a misdemeanor and $120 for a felony.

All counties accept some type of financial assistance available for those who are unable to pay.

Q. How will I know that my California criminal record was expunged?

A. We provide our clients with a signed order by a California Superior Courtroom Judge setting bated the conviction and dismissing the case.

Q. After my record is expunged, can I answer "No" if I'm asked whether I accept a criminal record?

A. Yes. This is ane of the benefits of obtaining a PC 1203.4 California expungement. Once the court grants an expungement, a job applicant can legally answer "no" if asked virtually a criminal tape UNLESS:

The person is applying to get a peace officer or run for public office,
The person is applying to work for the California Lottery Committee, or
The person is applying for a state license.²²

Q. Will expunging my record help me discover a improve job?

A. Many times, yes. If the employer doesn't run a background check, they volition probably never notice out about the conviction. Remember — an bidder no longer has to disclose any conviction unless and until the employer makes a conditional offer of employment.

But even if an employer does conduct a groundwork cheque, information technology volition show if a confidence was expunged. This will tell the potential employer that a California court has said the bidder is ready to make a "fresh kickoff".

Q. Will expunging my record assistance me obtain a state license?

A. Often times, yes. Many California state licensing authorities crave expungement of a conviction under Penal Code 1203.iv PC earlier they will issue a license.

But even when an expungement is non enough, we may be able to aid the applicant obtain a "Document of Rehabilitation," which offers even more benefits.²³

Q. What is a "Document of Rehabilitation"?

A. A Certificate of Rehabilitation ("COR") is a court order stating that someone with a criminal by has been rehabilitated.²⁴

The applicant must look between seven (seven) and ten (10) years after beingness released from custody, depending on the specific law-breaking of which he or she was bedevilled.²⁵

There are many benefits to a Certificate of Rehabilitation, including:

A certificate of rehabilitation becomes an automatic application for a Governor'southward Pardon;
An applicant with a COR cannot be denied a state license without other crusade;
A COR sends a message to prospective employers that a job applicant has overcome his or her criminal history and is prepared to make a fresh start.

Only remember — an expungement or COR is not necessary for an arrest that did non upshot in a confidence. Employers (and prospective employers) may not discriminate against a chore applicant based simply on arrests. In fact, they aren't even legally allowed to inquire almost them.²⁶

Q. What is a Governor's Pardon?

A. A Governor's Pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction.²⁷

An applicant must usually wait at least ten (10) years subsequently existence discharged from probation or parole in order to apply to the governor for a pardon. Or the bidder must obtain a finding of factual innocence (discussed above nethersection 2. sealing and destroying records).²⁸

But an bidder who receives a Certificate of Rehabilitation may apply for a pardon in equally petty as seven (7) years afterward release from custody. This is considering a COR acts as an automated application for a pardon.

Q. What are my options for sealing and destroying my California arrest records after I get an expungement?

A. At that place are a number of ways to seal records. The almost common are: (1) sealing of juvenile records, (2) sealing of arrest records, and (3) sealing of records later plea withdrawal and instance dismissal.

Juvenile arrest records

In order to be eligible for sealing ajuvenile tape, two criteria must be met: (1) The juvenile court jurisdiction must accept terminated at least five years ago. (ii) The applicant must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult.²⁹

Simply fifty-fifty if these two criteria have been met, certain serious crimes cannot be sealed.^thirty

These crimes include murder, robbery and kid molestation.

Sealing of records mostly

Except as set up along in a higher place, sealing an abort tape is generally possible if

The applicant was arrested and no accusatory pleading was filed,
The DA dismissed the case, or
The applicant was found "non guilty" after a California jury trial.³¹

Also, if the bidder proves that he or she was factually innocent of the charges, the arrest record will be ordered sealed for 3 years and destroyed thereafter.³²

Q. I have a felony and can't get a green carte or citizenship. Can you help me?

A. Many times, aye. We are frequently able to get a non-U.S. denizen's wobbler felony reduced to a misdemeanor. This makes the not-citizen eligible for permanent residency and ultimately U.Due south. citizenship. Or we may be able to become a conviction fix bated completely.

In one case we review the facts and circumstances of an individual's case, we research the most promising options to help avoid clearing issues such as deportation or removal.

Q. I am required to register equally a sex offender pursuant to California Penal Code 290 PC. Can an expungement help me obtain relief from my lifetime duty to annals equally a sex offender and get off Megan'southward list?

A. No. A California Penal Code 1203.iv PC expungement cannot provide this type of relief. Simply a Document of Rehabilitation and Governor's pardon often can, every bit long as the conviction was not for a sex crime against a child.³³

Interested in a California expungement? We can help…

Team of five receptionists with headsets and laptops

Contact our law firm for help.

If y'all or a loved one is looking to expunge or seal a criminal record in California, nosotros invite you lot to contact us for a free consultation.

Call united states of america or consummate the course on this page to discuss your situation with a knowledgeable California expungement chaser.

We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Embankment, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to respond any questions relating to How to Seal Nevada Criminal Records.

¿Habla español? Visitenuestro sitio Spider web en español sobre el counterfoil de antecedentes penales en California.

Online Resources:

California Superior Courtroom Expungement Forms:

Petition for Dismissal

Court's Order for Dismissal

Legal References:

Source: https://www.shouselaw.com/ca/defense/penal-code/1203-4/

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