In California, one of the best ways to determine if you are eligible for an expungement of your felony offenses is by first understanding who is not eligible. If you are currently serving time for a felony offense, you will not be able to have it expunged. Even if you are on probation for the offense, you cannot have it expunged. Being charged with any type of criminal offense will keep you from going through the expungement process. There are also certain sex crimes involving children that cannot be expunged.
Under Penal Code 1203.4 PC, defendants who have been convicted of misdemeanor or felony offenses and who have successfully completed the terms of their probation or parole can have their records expunged. Please note, though, that if time in a state prison was served as part of their sentence, then expungement is not possible. When an expungement is granted to an offender, this means he or she no longer have to identify themselves as a felon, nor do they have to put on employment applications that they have been convicted of a felony. Instead, it is as if the felony conviction never occurred.
You are entitled to have your criminal record expunged if you meet the following criteria:
- You have successfully completed the terms of your probation or parole and you have received any further criminal charges.
- The entirety of your probation or parole terms must be completed, and if you are completing your probation early, you must have documentation outlining the early termination of your probation.
To qualify for the successful completion of your probation, you must attend all court appearances, not commit any new crimes, pay all fines and restitution, complete any recommended counseling programs, and perform all required community service. As stated above, there are some crimes that cannot be expunged from your record. If you want to know what crimes cannot be expunged, speak with your attorney and they can assist you further.