Can I get my criminal case expunged?
Hripsime Bagdasaryan's Answer
Criminal Lawglendale, USA8 years experience
Quick Answer
In California, you can get your criminal case expunged under Penal Code Section 1203.4 if you have successfully completed your sentence or probation, subject to certain exclusions.
💡 Every situation is different. Speak with a lawyer to understand your specific options.
Key risks
Potential Risk
Failing to meet eligibility requirements may result in denial of expungement.
Potential Risk
Not disclosing expunged convictions for government jobs can lead to legal repercussions.
Potential Risk
Certain serious offenses remain ineligible for expungement.
Potential Risk
Misunderstanding the impact of expungement on rights and registries can cause future legal issues.
Full Transcript
Below is an AI-generated transcript of the video answer.
So, can you get your criminal case expunged? In California, yes, you can. This is called a dismissal under Penal Code Section
1203.4. So, in most cases,
the court dismisses your conviction after you've completed your sentence or your probationary period successfully.
So, you usually file a petition in the county wherever you were convicted and
the judge considers it and then grants it or denies it based on, you know, their evaluation of your case.
Many older convictions now are cleared automatically and a lot of misdemeanors often have an automatic expungement
as well.
So, it's important or pertinent to have an attorney kind of look at what the
conviction is in order to give you a better assessment.
Most misdemeanors and most felonies qualify as long as you're not currently on probation, serving the sentence, or facing new charges.
Certain sex offenses that involve children and some serious prison cases
don't qualify for expungements.
So, once the expungement is granted or once your case is dismissed, you can usually tell private employers
you haven't been convicted. So, it's as if it didn't happen.
However, it's not going to restore any gun rights that were taken away or end your sex offender registration if you had to do that
or fix any immigration issues that you may face as a result of that conviction.
And it also has to be disclosed always for any government jobs or professional licenses that you apply for.
So, this area of law is very, very nuanced. So, if you want the best, you know,
evaluation of whether or not your case is
expungement appropriate, I definitely recommend contacting an attorney.
