Most people are aware that a criminal charge conviction can lead to jail, a fine, or an alternative sentence like probation. However, what happens after you serve your sentence? In many cases, a criminal conviction will stay on your record and could make it challenging to progress in life, even after paying your dues for the offense, because it will appear during background checks.
However, there is a way you can put your past behind you and secure a fresh and new start. The path to a prosperous and brighter future often starts with understanding how to leave some parts of your past behind. One way you can do that is by securing a post-conviction relief like an expungement.
Fortunately, expungement is a post-conviction relief option available for those with misdemeanor and felony convictions on their record.
What is an Expungement Under Penal Code (PC) 1203.4?
Understanding what an expungement is and how to secure one is vital if you are looking to move past the detrimental challenges caused by a misdemeanor or felony conviction. An expungement can provide a lawful pathway to clear your record for a fresh start.
According to PC 1203.4, an expungement is an official procedure that allows you to have your criminal record cleared from the public view. That means most people, including your prospective landlord, credit agencies, or potential employer, will not see your criminal history when they run a background check on you.
While an expungement will not completely erase your criminal record, the court will mark it as dismissed if everything goes in your favor. That means you can legally say you do not have a criminal record when someone inquires about your criminal history unless you are applying for a government job position or firearm purchases.
Who Qualifies for an Expungement?
Whether or not you qualify for an expungement depends on various factors, including your current legal standing, whether you have successfully completed your probation, and the nature and seriousness of your crime. However, the eligibility criteria could vary depending on whether your offense is a felony or misdemeanor.
Described below are the eligibility criteria for felony and misdemeanor convictions, respectively:
Misdemeanor Charge Conviction
When you have a misdemeanor charge conviction, you could qualify for an expungement under PC 1203.4 if the court confirms you meet the criteria explained below:
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You Have Completed Your Misdemeanor Probation
If the court sentenced you to probation or parole, you must complete it successfully without violating the set terms to qualify for post-conviction relief under PC 1203.4. When you are still on parole, you can request the court to terminate the probation early before filing an expungement petition.
However, if you are not on parole, you must wait a minimum of one (1) year from the date of your conviction to file your expungement petition.
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You are Not Currently Serving Your Sentence
To qualify for an expungement, you must complete your current sentence, regardless of whether it is probation or a prison or jail sentence.
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You Do Not Have A New Charge
A new criminal charge or conviction during your probationary period or after you have completed probation could make you ineligible for an expungement.
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You Complied With all Court Orders
To qualify for an expungement under PC 1203.4, you must complete all your court-ordered terms and obligations, including paying fines, attending counseling sessions, enrolling in rehabilitation programs, and performing community service.
Felony Charge Conviction
The eligibility criteria you must meet if you have a felony conviction on your record are the same as those you must meet if you have a misdemeanor conviction but with extra considerations. Specifically, like a misdemeanor charge conviction, you must have successfully completed your felony probation and stayed free of new charges since the offense's conviction.
The specific steps you will take when seeking an expungement of your felony criminal record will vary based on the facts of your unique case, such as:
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Whether You Were Sentenced to Jail Term or Probation
If the court sentenced you to probation or a county jail term upon a felony charge conviction, you can petition that specific court to expunge your record upon completing your probation or jail term. If your unique felony conviction is for a wobbler offense, your attorney could help convince the judge to reduce your charge to a lighter offense (misdemeanor) before filing an expungement petition.
For the sake of PC 1203.4, a wobbler is any offense that the prosecutor can file as either a felony or misdemeanor, depending on its seriousness and unique facts.
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You Were Sentenced to County Jail With Compulsory Supervision and Monitoring
When your felony charge conviction sentence includes a county jail term with mandatory monitoring or supervision, the court will require you to wait a minimum of one (1) year following your charge conviction to file your expungement petition. However, if your sentence did not include mandatory monitoring and supervision, you must wait a minimum of two (2) years to file your petition.
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You Received a State Prison Sentence
If you received a state prison sentence upon your felony charge conviction, you could qualify for an expungement under PC 1203.4 if your unique criminal case is now eligible for a county jail term under Proposition 47.
Generally speaking, expunging a felony charge conviction could be challenging, and the process could vary based on your unique case circumstances. However, you do not have to go through this process alone.
Consulting a skilled and experienced defense attorney can help unravel the process and ensure that your PC 1203.4 petition is filed correctly with sufficient supporting evidence for the best possible outcome.
Factors That Can Make You Ineligible for Expungement Under PC 1203.4
Now that you understand the criteria for qualifying for an expungement, you would also want to know what can make you ineligible for this critical post-conviction relief. Although an expungement provides a way to a fresh start, it will be unavailable in certain situations. In a nutshell, you will not qualify for an expungement under PC 1203.4 if any of the following is true:
- You served a state prison sentence, and your violation is ineligible for a sentence in the county jail under Proposition 47
- You have a conviction for violent or sexual-related crimes, like rape, and sexual battery
If you are ineligible for an expungement due to these reasons, your attorney can help seek other post-conviction relief options, depending on the facts of your unique case.
Step-by-Step Process of Seeking an Expungement Under PC 1203.4
Securing an expungement under PC 1203.4 is a multi-step process, and every step is vital to qualifying for this post-conviction relief. Fortunately, if you have a seasoned attorney, you can sit back and let him/her handle every part of the process on your behalf. Below is an overview of the steps to follow when seeking an expungement for a detrimental criminal charge conviction:
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Hire a Skilled Attorney to Assist With Your Expungement
One of the most critical steps in seeking an expungement is retaining the services of an attorney. The attorney you hire will assess your unique situation, determine whether you are eligible for the expungement, and offer guidance through every step of the process to increase your odds of securing a favorable outcome.
Additionally, you will rely on your attorney's legal counsel during the process to avoid making any decision that can compromise your odds of securing a favorable outcome.
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Collect all the Vital Evidence and Information
Before you file a PC 1203.4 petition, you should have all the vital evidence and information handy to strengthen your request. Examples of information to gather include:
- Your case number
- The particular code section you violated
- Date of your charge’s conviction
- The specific county of conviction or arrest
Accurate and detailed information is paramount when preparing your PC 1203.4 petition. If you have not gathered this information, your defense attorney will help collect it on time.
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File Your PC 1203.4 Petition
Once you have all the needed information, your attorney can prepare your PC 1203.4 petition and file it on time with the court. Before submitting your petition, your attorney will check it keenly to ensure all supporting information and evidence that can help convince the judge you are an excellent candidate for this post-conviction relief are attached and accurate.
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Court Review of Your PC 1203.4 Petition and Decision
Once your attorney files your PC 1203.4 petition, the judge will hold a hearing to determine whether you are an excellent candidate for this post-conviction relief. Some of the factors the court will consider during this hearing include the following:
- The nature and seriousness of your unique crime
- Your conduct and behavior since your conviction. Evidence of rehabilitation could be helpful to prove you have become a law-abiding citizen
- Whether accepting your PC 1203.4 petition will serve the best interest of justice
- Your attorney’s arguments
The court could deny or accept your PC 1203.4 petition based on the above vital review factors. If granted, the judge will dismiss your case, meaning you will have a legal right to answer no in most cases when someone asks whether you have a conviction record.
Positive Impacts of Securing an Expungement
An expungement under PC 1203.4 can provide you with a fresh start and several benefits if you want to have your criminal record cleared. One notable and foremost advantage of securing an expungement is mitigating and reducing several detrimental consequences of having a criminal charge conviction record, which is in the public view.
In a nutshell, here are some of the benefits of filing a PC 1203.4 petition after a misdemeanor or felony charge conviction:
Improved Employment Opportunities
Clearing your criminal conviction record can significantly boost your employment opportunities because many employers consider your criminal background before hiring you. Several companies, organizations, and individuals are cautious about allowing people with past criminal records to work for them, especially if their offense was violent or a felony.
Luckily, after securing an expungement, you can present yourself to your potential employers as a trustworthy and credible candidate for the offered or advertised job opportunity.
Improved Housing Opportunities
Like employers, most housing agencies and landlords will perform a background check on you before allowing you to rent their property or apartments. If you have a criminal history of serious crimes, like drug trafficking, the landlord could be reluctant to allow you to live in his/her apartment.
In other words, a criminal conviction record could limit your housing opportunities, forcing you to live in less desirable neighborhoods. However, you can avoid this by securing an expungement with the help of your attorney.
Helps You Secure a Professional License
A criminal conviction for certain crimes could affect your eligibility to secure a professional license to pursue your career, especially in the healthcare and legal industries, where your trustworthiness and credibility are paramount.
However, without a conviction history, you can file your application for a practice license based on your qualifications and current merits without a previous mistake overshadowing your character and capabilities.
Improved Education Opportunities
Filing a PC 1203.4 petition could be a vital step to regaining your future, especially in educational opportunities, because a criminal record could limit your eligibility for enrollment in colleges and universities for higher education. Students' financial aid programs could also consider your criminal history when evaluating your application for a student loan to pursue your studies.
Unfortunately, in many cases, a criminal conviction record makes you ineligible, especially if you have a conviction for a crime that makes your honesty and trustworthiness questionable, like insurance fraud.
Helps Restore Some of Your Rights
A criminal charge conviction, especially for felony offenses, limits your civil rights, especially the ability to serve as a jury member or act as an eyewitness in a criminal case (unless you are the defendant in a subsequent criminal case). Fortunately, after securing an expungement, you will regain most of these civil rights to live like any other citizen.
However, the expungement will not restore certain rights like the ability to hold a government office or purchase or own a firearm.
Improved Reputation and Peace of Mind
Finally, securing an expungement can help build your reputation, reduce the stigma associated with the conviction record, and improve your peace of mind. That means you can live without worrying that a past mistake could compromise your ability to live optimally.
After an expungement, it will become easier for you to build professional and personal relationships because society often judges people based on previous mistakes and criminal records.
Understanding What Securing an Expungement Cannot Do
Unfortunately, an expungement has many limitations on what it can do. While an expungement has several benefits, once you secure this post-conviction relief, it will not do the following:
Erase Your Criminal Record
An expungement will not erase your criminal conviction record, meaning it will remain accessible to law enforcement officers in certain situations.
Prevent Enhancement of Your Future Criminal Charge Convictions
Upon a conviction for a new charge, the court will consider the expunged criminal convictions to determine the appropriate and fair sentence for your current conviction.
Eliminate Your Requirement to Register and Re-register as a Sex Offender
If the court requires you to register and re-register as a sex offender whenever you change your residence place, an expungement will not eliminate this legal obligation.
Restore Your Gun Rights
According to PC 29800, upon a conviction for any felony offense, you will lose your rights to own, possess, carry, or buy a firearm. While an expungement will restore several of your rights, this post-conviction relief will not restore your gun rights.
Overturn Your Driver’s License Suspension
If you have a conviction for a DUI-related offense, leading to the suspension of your driver's license by the Department of Motor Vehicles (DMV), a successful expungement petition will not overturn this suspension. In other words, if you have a criminal charge conviction that resulted in restrictions on your driving privileges, an expungement will not modify these restrictions.
If you want to file a PC 1203.4 petition to clear your criminal record, understanding what an expungement can and cannot do is vital. Your attorney will enlighten you on everything you need to know about an expungement, including its benefits and limitations.
Also, if you are not an excellent candidate for an expungement for the reasons mentioned above, your attorney can help you explore other post-conviction relief options. Examples of post-conviction relief options you can consider include:
- A Certificate of Rehabilitation (COR)
- A Governor’s pardon
Find a Credible Defense Attorney Near Me
Consulting a skilled and seasoned attorney should be your first step if you are considering an expungement to clear your criminal record. Your attorney will assess your unique situation and offer you the necessary guidance through every step to secure the best possible outcome.
We invite you to call our reliable attorneys at The Los Angeles Criminal Defense Attorney at 310-564-2605 if you believe you are an excellent candidate for an expungement. Our attorneys will assess your situation and guide you on the best post-conviction relief option to pursue to clear your criminal record.
