JKR Law

Expungement Information:

If someone is convicted of a misdemeanor or a felony (with a few exceptions), they may be able to have the case expunged under Penal Code section 1203.4 after completing probation).  Having your case expunged can improve your ability of being hired for a job (because an employer may ask you about your criminal history), obtaining an education, and, perhaps most importantly, having the peace of mind that you successfully completed the terms and conditions of your case and that you can now put your case behind you and move on with your life.

Under Penal Code section 1203.4, you are entitled to get your conviction expunged once you have completed the terms and conditions of your probationary period.  Most convictions are eligible for being expunged, with a few exceptions.

1)      How do you know if you are eligible for having your case expunged?

As a matter of law, the Judge must grant your request to have your case expunged so long as you have:

a)      Completed all of the terms of your probation (If you served any time in state prison you are not eligible for an expungement.)

b)      Paid all of your fines, fees, and restitution (if applicable)

c)      Your probationary term (which is usually 24 or 36 months) is over

d)      You have not violated probation

e)      You have not been arrested, charged, convicted, on probation, or serving any sentence for any other crimes since your conviction in the case for which you are seeking an expungement

2)      Who is eligible for filing for an expungement?

If you have been convicted of a misdemeanor or felony and have completed your probation, you are eligible to request an expungement by filing the necessary paperwork with the Court in which you were convicted.  There are very few crimes that are ineligible to be expunged.

3)      When can you request to have your conviction expunged?

You can ask to have your case expunged after you have completed all the terms and conditions of your probation and your probationary period has “terminated”, in other words, has ended.

4)      Can you request to have your case expunged if you are still on probation?

Yes, but first you must ask the Judge to terminate your probation early, and then request to have your case expunged.  This is a two-step process, and our office is able to help you file the motions you need to ask for early termination of probation and then ask for an expungement on your behalf.

5)      If you violate probation can you request an expungement?

Yes, the Judge has the ability to grant your request for an expungement even if you have violated probation.  Depending upon your violation, the Judge may still grant your request to expunge your conviction.  Our office is very familiar with how to write motions requesting the expungement of your conviction, and we have been successful in helping our clients obtain expungements even if they have had a violation of probation.

6)      If you go to prison can you request an expungement?

No.  Under Penal Code Section 1203.4, if you have been sentenced to state prison, you are ineligible to receive an expungement.

7)      Once you obtain an expungement, does your conviction “disappear” or “get erased” from your criminal record?

An expungement allows you to state on a job application that you have not been convicted of the crime in which you obtained the expungement.  However, there are exceptions:

1)      If you apply for public office, you must disclose the conviction on the application

2)      If you apply for a license by any state or local agency

3)      If you apply to work for the California State Lottery

8)      If during your probation you had conditions that you were unable to carry or own a firearm, are you able to have one once you receive an expungement?

No.   Even if a Judge grants you an expungement, you are still unable to own, possess or carry a firearm under Section 12021.

9)      I would like to ask a Judge for the expungement of my conviction.  How do I begin?

If you have successfully completed probation, we always recommend that you have your case expunged (if you are eligible).  Our office files a motion on your behalf to have your case reviewed by the Judge in the courthouse in which you received your conviction to review your request.  The motion needs to be filed with the Court and also given to the Prosecution (The City Attorney’s Office or The District Attorney’s Office) so they have time to review your request as well.  The Prosecution has the opportunity to tell the Judge that they oppose your request to have your case expunged.  This is why we feel it is essential to have an experienced law firm represent you to provide you with the best opportunity to have the Judge understand why you deserve to have your case expunged so he/she will grant your request.

Please contact the Law Offices of Jeffery K. Rubenstein at (310) 477-2100 to see how we can assist you with obtaining an expungement.

Author:            Susan Morris Haber, Esq.

Date:                 October 25, 2011