Record Expungement in California
A criminal conviction can follow you for years, long after you’ve served your sentence or completed probation. It can affect your job prospects, your professional license, your reputation, and even your ability to secure housing. For many people, one of the most important steps toward truly moving on is clearing their criminal record when possible. In California, this process is known as expungement.
While expungement is not available in every case, California’s laws do give many people an opportunity to clean their slate and start fresh. If you have a prior conviction for a white-collar offense like fraud or embezzlement, contact The Law Offices of Stanley L. Friedman in Beverly Hills to discuss your options for expungement with an experienced California Board-Certified Criminal Law Specialist.
What Is Expungement in California?
In California, an expungement does not erase or destroy your criminal record entirely. Instead, it allows you to petition the court to reopen your case, withdraw your plea of guilty or no contest, and enter a plea of not guilty. If the court grants the expungement, your case is then dismissed.
The practical result is that the conviction is officially dismissed from your record for most purposes. While it will still appear on your record in some limited circumstances, you can legally say you have not been convicted of that offense when applying for most private-sector jobs.
Who Is Eligible for Expungement?
Eligibility for expungement depends on several factors, including the type of offense, the sentence imposed, and whether you have completed all the terms of your sentence or probation.
In general, you may be eligible for expungement if:
- You were convicted of a misdemeanor or certain felonies.
- You successfully completed probation (or obtained early termination of probation).
- You have paid all fines, restitution, and complied with all other court orders.
- You are not currently facing new criminal charges, serving a sentence, or on probation for another offense.
Certain serious crimes, such as some sex offenses involving minors, are not eligible for expungement under California law. Also, if you served time in state prison (as opposed to county jail) for the offense, you may need to look into other forms of post-conviction relief, such as a Certificate of Rehabilitation or a Governor’s Pardon.
What Are the Benefits of Expungement?
The main benefit of expungement is that it allows you to move forward with fewer barriers. For example, in California, if a potential employer asks if you are convicted of a crime, you can legally say “no” once your record has been expunged (with a few exceptions, such as when applying for government jobs or public office).
Expungement can also improve your chances of obtaining or keeping a professional license. Many licensing boards look more favorably on applicants who have successfully expunged an old conviction, as it shows rehabilitation and compliance with the law.
In some cases, expungement can also help with your reputation in the community and your peace of mind. For many people, it represents an important symbolic step toward leaving the past in the past.
What Expungement Does Not Do
While expungement provides significant relief, it is not a cure-all. It does not completely erase your record, and certain agencies like law enforcement or government employers can still see the conviction in a background check. Expungement also does not restore your right to possess firearms if that right was taken away, nor does it relieve you of the obligation to register as a sex offender if that applies.
Additionally, an expunged conviction can still count as a prior offense if you are charged with another crime in the future. In other words, it may still be used to enhance sentencing for future convictions.
How to Start the Expungement Process
The process for expungement in California usually begins by filing a petition with the court that handled your original case. You may need to provide evidence that you successfully completed probation, paid all fines, and fulfilled other conditions of your sentence. The court may hold a hearing to decide whether to grant your petition.
Because the process can involve complex paperwork and sometimes opposition from prosecutors, it’s wise to work with an experienced criminal defense attorney. A knowledgeable lawyer can help you determine your eligibility, prepare the necessary documents, and advocate for you in court.
Why Work With a White-Collar Criminal Defense Attorney?
While expungement is available for a range of offenses, people convicted of white-collar crimes often face unique challenges. For example, the financial and professional stakes may be higher, and licensing boards for accountants, healthcare professionals, or financial advisors may scrutinize your record more closely than other employers.
Attorney Stanley L. Friedman has decades of experience defending professionals accused of complex financial and healthcare fraud crimes. If you have a white-collar conviction and want to explore your options for expungement, our firm can guide you through every step of the process and help you understand how clearing your record could benefit your future.
Take the First Step Toward a Clean Slate
If you or someone you care about is living with the burden of a past conviction, don’t assume you’re stuck with it forever. California law provides pathways to relief, and expungement could help you reclaim your good name, career, and peace of mind.
To learn more about whether you qualify for expungement, contact The Law Offices of Stanley L. Friedman today. We are here to help you move forward with confidence.
