Knowledge Base

What is expungement?

Expunging your criminal record in California is the process of filing a legal petition, or motion, with the court where your conviction transpired pursuant California Penal Code 1203.4 to have the Judge re-open the case, to set aside the conviction and to dismiss the case. If the expungement petition is granted, you will no longer be considered convicted of the crime by the state of California, and your permanant criminal record will be updated to display a dismissal rather than a criminal conviction. Subsequently, once the conviction is expunged by the court you can then truthfully tell employers, your family, and all other interested parties that you have not previously been convicted of a crime. Furthermore, the expunged conviction will no longer show on employer and landlord background checks. Simply put, Criminal record expungement allows you to forget your past, so that you can fully embrace your future.

Why is expungement important?

Today everything is online, and a thorough background check can be done with the stroke of keyboard. These background checks are used by potential employers, landlords, lenders, and anybody else that wants to get a grasp on your criminal history before initiating a relationship with you. If an employer, or landlord, runs a background check on you after the criminal expungement process has been completed, they will no longer be able to see any information pertaining to the expunged criminal case. Thus, it is more important than ever to clean up your criminal history in this competitive job market. Expungement of your criminal record gives you a "fresh start," allowing you to move forward with your life without the worry that your past mistakes will hinder your future aspirations.

Who is eligible for expugnement?

If you have been convicted of an infraction, misdemeanor or felony in the state of California you are entitled to expunge your criminal conviction if you meet the following criteria:

1You were charged and convicted in state court, NOT federal court. Only state convictions are available for expungement.
2Your sentence did not involve going to state prison. County jail and holding cells are NOT state prison. If you did go to state prison than you may be eligible for a California Certificate of Rehabilitation.
3You have successfully completed your probationary term, or if you were not given probation, then one year must pass since your conviction date. However, if you are still on probation we can petition the court for early termination of your probation.
4You must have satisfied all the requirements of your sentence (fines, restitution, mandatory programs, community service, classes, etc.).
5You are not currently being charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense.
6It must also be noted that there are several crimes that have been carved out in PC 1203.4 that are not available for expungement relief, all of which involve serious sex offenses committed against children. They include the following sections of the California Penal Code: 286(c), 288, 288.5, 289(j), and 261.5(d).

What if you violated probation?

If you violated any of the terms of your probation, you can still seek an expungment under PC 1203.4. When a probation violation is present it is important that we build as strong of a case as possible for expungement. The court will look at the following factors when deciding whether to grant the expungement:

1Your overall performance and behavior while on probation.
2The seriousness of the probation violation.
3The seriousness of the underlying conviction.
4Your overall criminal record (are you a repeat offender).
5All the evidence we can provide that demonstrates you are deserving of expungment relief, such as: your inability to find employment; your role in taking care of your dependants and family; your positive role in your community, or in the lives of those you come in contact with; the positive things you have done since the conviction (e.g., attending college or trade school, work promotions, etc.).

Our law firm thrives on these more challenging expungement cases, and we will put together the strongest case possible for you. We will get to know you and your background, allowing us to find, and highlight, the most pursuasive arguments for the Judge.

What if you are still on probation?

Expungement relief may still be available to you even if you are currently on probation. We are able to petition the court under California Penal Code 1203.3 for early termination of your probation in the interest of justice. At the same time, we also ask the court for expungement under PC 1203.4. If the Judge is willing to grant early termination of your probation, they will almost always also grant the expungement at the same time. Although a PC 1203.3 petition for early termination of probation can be filed at any time during your probationary period, we highly suggest that you complete at least half of your probationary term before the petition is filed, as this will greatly increase your chances of getting the petition granted by the Judge. Also you must have satisfied all of your other sentencing requirements, such as fines, restitution, participation in mandatory classes and programs, and community service. Petitioning the court for early termination, and expungement of your underlying conviction, allows you to quickly forget about a mistake you made and to move on with your life.

What if you have several convictions?

A majority of our clients have multiple criminal cases in their life, and having multiple cases does not preclude you from seeking out expungement relief in California. Each criminal case must be handled separately, and an expungement petition would need to be filed for each criminal case you wish to expunge. We specialize in helping clients with multiple cases clean up their entire crimianl record, no matter how many cases or jurisdictions are involved. If you sign up with us to expunge more than one criminal case, then all subsequent criminal case expungements will be substantially discounted. View our multiple conviction discount page.

What is our expungement process?

Once you contact our law firm and sign up for one our California expungement services we (David Huffman, our founding attorney) will move through the following steps:

1We will reach out to you and welcome you.
2We will attempt to obtain the necessary case details for expungement from the court.
3We will inquire with you about your case details and your personal details, all with the aim of building the strongest case possible for expungement.
4We will analyze your case details to determine if in fact your conviction is eligible for expungement relief in the state of California.
5We will research all applicable current state laws and regulations.
6We will prepare the expungement petition / motion.
7We will file all the appropriate paperwork within the required timeframes, and will serve the prosecuting attorney as required by Penal Code 1203.4.
8We will pay all filing fees and court costs (this is included in our fixed prices).
9We attend all expungement hearings on your behalf, and you are not required to attend.
10We will provide you with a signed order from the Judge, granting the expungement.
11We will ensure that the criminal databases, used for background checks by employers and landlords, are updated to reflect the expungement.
12And you can rest assured, since most of our services are covered by our 100% money back guarantee.

What WILL expungement in California do for you?

Not only will expunging your criminal record have positive intangible benefits, such as peace of mind, it will also provide the following concrete benefits as well:

1In almost all cases private employers cannot ask about convictions that were dismissed under Penal Code 1203.4, nor can a conviction that was dismissed be considered for employment purposes.
2Your expunged conviction will not show up on employer OR landlord background checks. Which means you no longer have to worry about being discriminated against.
3You can truthfully and legally answer "NO" on private sector job OR rental applications when asked if you have ever been convicted of a crime.
4You can greatly increase your earning potential by becoming eligible for more employment opportunities.
5You may become eligible for more professional licenses and certificates.
6Reducing a "wobbler" felony conviction to a misdemeanor can restore certain rights, such as your right to own a gun. See list of California felony "wobbler" offenses.
7You may become eligible for more student loans.
8You may become eligible for housing assistance.
9You can tell friends and family that you have not been convicted of a crime.
10You have the satisfaction of forgetting the past for good and moving forward into a more positive future.

What WON'T expungement in California do for you?

Although getting your criminal record expunged in California an have huge benefits for your life, it does not hide the criminal case in all situations. There are still situations where the underlying conviction can against you moving forward in your life.

1An expunged case can still be used against you in the sentencing of a subsequent case. Example: If you get a DUI conviction expunged, it can still be used against you as a prior DUI if you were to get a second DUI within 10 years, and the fact that the case was expunged would mean nothing.
2Expungement in California does NOT restore your right to own a firearm. If you are forbidden from owning a firearm due to a felony conviction, than we would need to reduce your felony to a misdemeanor to restore your 2nd Amendment right. We specialize in doing this, so give us a call if you are trying to restore your gun rights.
3You must disclose the previous conviction, and expungement, in three very narrow circumstances in the future as dictated by Penal Code 1203.4. If your situation is not on this list after expungement then you can answer "NO" when asked if you have a criminal past:
- If contracting with the California State Lottery Commission.
- When applying for public office (if you run for governor, mayor, etc.).
- When applying for a state license. These are the only three circumstances wherein you would need to disclose an expunged case in your life.
4Expungement does not seal your record, rather it removes the conviction from your record and updates the record to show as dismissed. Your permanant DOJ rap sheet will still show the full details of the criminal case, including the expungement. However, very few entities have access to your DOJ rap sheet, which requires your consent and your fingerprints. But, on normal employer background checks, which account for over 95% of the employment marketplace, nothing from your past will show. Lastly, even if an employer is able to demand a DOJ rap sheet from you, then an expunged record will still look a lot better there as well.

What Our Clients Are Saying

I would highly recommend Fresh Start. They did everything they promised, on time and with wonderful customer service. I am very pleased!

DONNA P.
LOS ANGELES

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David Huffman and his team are top notch. I used them for two cases and they won both. Their prices were reasonable and there service excellent. 5 Stars!!!

ROBERT T.
SAN DIEGO

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Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Totally reliable and well worth the money. Mr. Huffman was a joy to work with.

SHANNON R.
SAN FRANCISCO

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