Expunge Your California Misdemeanor: Eligibility & Process

Table Of Contents

Steps to Expunge a Misdemeanor in California
Which Misdemeanors are Eligible for Expungement in California?
Trying to Get a Misdemeanor Expunged in California?
FAQs
Get a Free Lawsuit Evaluation With Our Lawyers

Steps to Expunge a Misdemeanor in California

According to the Judicial Branch of California, general steps to expunge a misdemeanor conviction in California include[1]:

Eligibility Check – Determine if you are eligible for expungement. In most cases, a person is eligible if they have completed probation, paid all fines and restitution, and are not facing any other criminal charges.
Completion of Probation – Complete the probation period mandated by the misdemeanor conviction, which involves abiding by all the conditions set by the court.
Fulfill Financial Obligations – Be sure that you have paid all fines, fees, and restitution ordered as part of the sentence.
Petition for Expungement – Complete a petition for expungement with the court in your jurisdiction.
Prepare Supporting Documents – Gather and organize supporting documents, including proof of completion of probation, evidence of payment of fines, and a statement detailing why you are seeking expungement.
Serve the District Attorney – Serve a copy of your expungement petition to the DA’s office in the county where you were convicted. This will provide notification of your intent to seek expungement.
Court Hearing – A court hearing may be required to discuss your potential expungement. In some cases, the court may schedule a hearing to review your petition.
Decision by the Court – The court will consider your petition and make a decision. If accepted, your misdemeanor will be dismissed, and you will be relieved of all penalties and disabilities resulting from the conviction.
Update Criminal Record – Request an update to your criminal record to show the expunged misdemeanor. While the conviction will not be deleted from your record, it will indicate that it has been dismissed.

Which Misdemeanors are Eligible for Expungement in California?

The following misdemeanors may be considered for expungement in California:

Petty Theft
Shoplifting
DUI
Drug Possession
Disorderly Conduct
Simple Assault
Vandalism
Trespassing
Public Intoxication

Please Note: Certain serious misdemeanors, such as domestic violence offenses, offenses requiring mandatory sex offender registration, and offenses that resulted in state prison sentences, are typically not eligible for expungement in California. Additionally, some waiting periods may apply before an individual becomes eligible to file for expungement.

Also Read: CA Misdemeanor Sentencing Guidelines

Trying to Get a Misdemeanor Expunged in California?

If you are interested in having a misdemeanor conviction expunged in California, consulting with a legal professional will help you understand your eligibility and navigate the expungement process successfully.

It’s important to note that the expungement process can vary from case to case, and it’s recommended that you speak with an attorney for guidance tailored to your specific situation. An attorney can provide guidance based on your specific circumstances and help you complete the necessary steps to seek expungement of your misdemeanor.

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FAQs

1. Will an Expunged Misdemeanor Show Up on Background Checks?

Generally, expunged records do not show up on most background checks, but they may still be visible to certain government agencies or for specific types of employment.

2. Can Expunged Misdemeanors Affect Immigration Status?

Expungement does not erase the conviction for immigration purposes, but it may have a positive impact on immigration applications by demonstrating rehabilitation.

3. Can I Expunge More Than One Misdemeanor?

Yes, you can petition to expunge multiple misdemeanors, but each case will be reviewed individually by the court.

Get a Free Lawsuit Evaluation With Our Lawyers

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

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