A felony offense attracts lengthy prison confinement and fines when the court finds you guilty. A guilty verdict also leads to harsh collateral consequences that adversely impact your life even after completing your sentence. Fortunately, you can petition for dismissal or felony expungement under PEN 1203.4 to hide your criminal record and obtain a clean slate when seeking employment or a property lease. Not everyone is eligible for an expunction, so it is crucial to consult with an experienced post-conviction attorney to evaluate your case. If you qualify, below is what you must know about expunction and the process of having your felony record expunged. 

Understanding Expungement, Its Benefits, and Limitations

Expungement under PEN 1203.4 is a dismissal petition that relieves you of all the penalties and disabilities of a felony or misdemeanor guilty verdict. It does not clear your criminal record. Instead, it dismisses so that you do not have to answer “yes” when private entities like employers or property managers ask about your record. With an expungement, you have no obligation to reveal to a potential private employing entity that you have a record, increasing your chances of securing employment. Besides, the law prohibits employers from discriminating against job applicants or existing workers based on their criminal record. You can apply for membership in a professional body or avoid immigration consequences of a felony record after an expungement.

The downside of expungement is that the records are only concealed from the public, meaning law enforcement can still access the documents and use them for subsequent court cases. The permanency of the record might appear in certain instances even after dismissal. For example, a prior felony offense could be a prior even after dismissal. Additionally, when convicted of a felony sex offense with an obligation to register with the Megan’s Law site, your obligation does not end even after an expungement.

Further, it will not restore your gun rights after a conviction for an offense like being a felon with a firearm. If you want to hold a public office, expunging your felony record will not make you eligible. Driving rights will also not be restored after securing an expunction.

Expungement recognizes that you have taken measures to rehabilitate and are therefore entitled to certain reliefs. However, you can still calculate these deficits by exploring other post-conviction relief options, including the Governor's pardon, a certificate of rehabilitation, Prop 47, and felony reduction. Knowing the difference is essential in learning the felony expungement process.

The Felony Expungement Process

Your process for the felony expungement process will depend on the specific facts of your case. Therefore, it is imperative that you meet with an experienced criminal attorney to review your case and determine if you are eligible and how to properly file an effective dismissal petition. The following are the procedures that you should follow according to your case:

Gather All Copies of your Felony Criminal Record

Every time the court finds you guilty of a felony offense, the court provides your attorney with the records. Also, your parole officer can access these court documents. The state’s Attorney General’s office website also has these records, so you can retrieve them from the website. However, you might be required to pay $25 for the record. If you do not have the money, the fee can be waived upon presenting proof of income.

The details you require from the conviction record are:

  • The case number
  • Arrest or sentence date
  • County of conviction
  • The Penal Code you violated

The information is crucial in preparing an accurate dismissal petition.

Determine Your Candidacy For Felony Expungement

The conditions you must satisfy to qualify for an expunction include:

  • You must have completed your felony probationary term or secured an early termination
  • You must not be serving an active sentence for a criminal violation
  • You should not have an active criminal case
  • You were not confined in prison upon conviction
  • You have cleared your court-imposed fines
  • You have served your sentence, including full adherence to court conditions, like victim restitution, payment of fines, community hours, and a mandatory anger management course.
  • A state and not a federal court handled your case from start to end
  • If you were not sentenced to probation, at least twelve months have passed since you completed your sentence

Not fulfilling these conditions does not entirely disqualify you from expungement. You can still be eligible if you violated some probationary terms but have restituted the victims of your crime and do not have a pending criminal case or are serving a sentence for a separate offense.

Besides, when your conviction was for a misdemeanor prostitution or solicitation offense, you can still qualify for an expunction if you served probation or can demonstrate the guilty verdict stemmed from a human trafficking case where you were a victim.

When the guilty verdict is for a felony offense involving a jail sentence, you can still qualify for expunction if you prove that at least twenty-four months have passed since you completed the county jail sentence.

A felony charge record must first be reduced to a misdemeanor before you can seek a dismissal. Your felony conviction is eligible for expunction if it stemmed from a wobbler offense. The prosecutor could charge you with a misdemeanor or reduce the felony charge to a misdemeanor.

You cannot qualify for expunction if:

  • You were tried and sentenced  in the federal court
  • You served time in a state prison
  • You have an active probation program and are ineligible for an early termination
  • You have a pending court case, sentence, or probation for a different criminal violation

Eligibility for the dismissal petition varies based on the case’s circumstances. Consult with a post-conviction matters attorney to understand if you can seek relief.

Know Your Probation Status

If the presiding judge did not sentence you to probation or you have completed the probationary term, you are an expungement candidate. If you are still serving the program, you can consult with your defense attorney to know if you can secure an early termination. For a termination to happen, you should submit a petition to the court and present evidence to support it. The judge has the discretion on whether to grant or deny your request contingent on:

  • The gravity of the offense leading to the guilty verdict and criminal record
  • Your criminal past
  • Your capacity to secure a stable job upon probation termination
  • Reasons that make you deserving of termination
  • Your community ties and testimony from character witnesses

Do not let a probation violation discourage you from petitioning for an early termination. You could still qualify if you present compelling arguments during the hearing.

Obtain and Complete the Required Forms

Your criminal lawyer should help you determine the forms you should fill out, depending on your situation. If you have served probation successfully, you can go directly to completing petition forms. However, if the probationary term is still active, you must file a Probation termination motion. Even when the court dismisses this petition, you can still file for expungement if you seek to dismiss a misdemeanor record.

When the record you want to expunge is for a felony, you should start by requesting the court to lower the offense to a misdemeanor under PEN 17(b). This is only possible if the baseline offense was a wobbler. For any other felony conviction, you must file for a reduction under PEN 17(b)(3). The petition forms are provided in the court where you are filing the petition. If you cannot find them, your attorney should help you prepare a petition.

If the felony reduction petition is successful and the court lowers the offense to a misdemeanor, you can submit your felony conviction dismissal petition under PEN 1203.4.

Having legal representation during this process reduces the chances of mistakes that could lead to petition denial. Additionally, you do not have to worry about the paperwork because your attorney will fill it out for you to avoid mistakes and ensure all the evidence is captured. Each petition will be accompanied by forms or documents that prove your rehabilitation, including:

  • Proof of probation completion
  • Evidence showing you participated and finished your community hours
  • Character reference paperwork

Submitting your Felony Dismissal Petition

Once the paperwork is ready and your attorney confirms that all the forms are correctly filled and copies of supporting evidence are attached, you can submit or file your motion with the Superior Court in your county that handled the felony conviction you want to expunge. Additionally, you must pay a filing fee of $125. If you are a low-income earner, the cost can become an obstacle to you obtaining a clean slate. Nevertheless, when you cannot afford it, you can apply for a waiver. Besides, the recent Assembly Bill (AB) 1803 establishes a formal fee exemption for felons from extreme poverty seeking expungement. This means that even those who cannot consolidate the filing fee can seek post-conviction relief under PEN 1203.4.

The petition to dismiss your felony case takes four to five months before you can receive a decision. The court schedules hearings for these petitions based on the order of submission. The timeframe it will take, therefore, depends on the number of petitions filed before you.

Prepare for the Hearing and the Actual Proceeding

Once the petition is received, the court will arrange a hearing date. A judge presides over the proceeding, and no jury is involved in the decision-making. You must prepare adequately in case you must appear and answer questions. You have the option to be represented by your attorney in the proceeding, but it is best to appear in person to demonstrate to the judge your commitment to rehabilitation.

There will be questions on the reasons for expungement. You must rehearse with your lawyer how to answer these questions for your story to be convincing. The court has the discretion to grant or deny the expunction. Therefore, you must be compelling and present concrete evidence in favor of the petition.

The proceeding lasts for approximately ten minutes. Note the date and time for the proceeding to ensure you arrive early and well-prepared.

If the court grants your expungement petition, the Superior Court will send you a signed order dismissing the felony case and record. The dismissal only eliminates the obligation to admit to having a criminal record when asked by a private employer. However, it will still be accessible to the public unless you file another motion seeking to seal the dismissed conviction.

Conversely, when your petition is denied, you should find out the reasons for the rejection. This will help you prepare better for a reapplication if you decide to file another expungement request after six months. However, if the petition was denied because you are ineligible, you should explore other relief options. An attorney is best suited to advise you on the appropriate legal course.

Felony Expungement Alternatives

There are other options for securing a clean slate apart from the under PEN 1203.4 petition to dismiss. You can start by obtaining a rehabilitation certificate. You qualify for the certificate if it has been seven years since completing the probationary term. Other terms you must meet to qualify for the certificate are:

  • You have a felony conviction record and served time in a California prison
  • You have resided in California for at least 60 months

You will not receive the certificate if you were sentenced to death, are serving life parole, or are an active member of the military.

If you meet the required criteria, you should submit a petition to the superior court. When granted, the certificate will bring several benefits, like the right to own a gun, vote, or be appointed to the jury.

The other relief option is a direct pardon that also relieves you from the disabilities of a conviction. However, you must wait for 120 months after finishing parole or probation to apply. The pardon seals or expunges your record.

Consult with your attorney if you are considering these alternatives to determine your eligibility and start the application process.

Find a Competent Post-Conviction Matters Attorney Near Me

The felony expungement process is nuanced and life-changing. It is an opportunity to leave your mistakes behind and secure a fresh start without your mistakes haunting you. However, it only dismisses the record but does not erase it. Even if beneficial, it has its limitations, which you should understand before filing the dismissal petition. At the Law Office of Sara L. Caplan, we will explain what the petition can or cannot do and help you with the filing process to increase the chances of a favorable outcome. Call us at 310-550-5877 to discuss felony expungement and its alternatives in Los Angeles.