You are not alone if you feel stuck due to a past mistake. Unfortunately, the consequences of a conviction can follow you even after serving your jail term, completing your probation, and paying all the court-ordered fines. A criminal conviction record could weigh heavily on your life, affecting your reputation, relationships, and employment opportunities.
You could feel like that past mistake defines your future, but it does not have to be that way. Securing an expungement can provide a fresh start. If you are considering filing an expungement under Penal Code (PC) 1203.4, retaining the services of a skilled defense attorney would be skilled.
A seasoned attorney can be your legal counsel and voice in court to increase your odds of securing a favorable outcome.
Expungement Definition Under PC 1203.4
Expungement is a form of post-conviction relief defined under PC 1203.4. According to this statute, an expungement is a lawful process that allows people to clear their criminal records, effectively removing their convictions from public view for most purposes.
In other words, when the court expunge your criminal record, you can lawfully say you do not have a criminal history in most situations unless in the following situations:
- You are applying for a state license.
- You are running for a government office in elections.
- You are seeking a job with the lottery commission.
After a successful expungement petition, your prospective employer will not know your criminal history, increasing your employment opportunities.
It is worth noting that increased employment opportunities are not the only benefit of securing an expungement. Once an expungement removes your criminal record from public view, you will enjoy several other benefits, such as:
- Professional licensing agencies may consider expunged convictions when evaluating license applications.
- The expunged criminal record cannot be used against you to impeach the credibility of your testimony in court (unless you are under trial for a subsequent offense).
- You will enjoy the peace of mind of knowing a criminal record cannot come in the way of most opportunities that life has to offer.
Securing an expungement is undoubtedly a wise idea and an opportunity you should not risk pursuing without an attorney. Due to the complexity of the legal system, you will rely on the services of an attorney at each step of the process to increase your odds of securing the best possible outcome.
What to Remember Before Filing Your Expungement Petition Under PC 1203.4
Unfortunately, not every person will be eligible to secure an expungement under PC 1203.4. Whether or not you will qualify for an expungement will depend on various factors, including your current legal standing, the seriousness of your offense, and whether you have completed the court-ordered sentence for your violation.
Your attorney will keenly analyze your case to determine whether you are an excellent candidate for an expungement. Here are tips to help you analyze your unique case before filing an expungement petition to increase your odds of securing a favorable outcome:
Secure Copies of Your Criminal Record
Your criminal records will come into play when determining whether or not you qualify for an expungement. To determine whether or not you are eligible for an expungement, your attorney will carefully examine the specifics of your unique case. Fortunately, the information your attorney needs about your criminal record is detailed in the documents you received upon your conviction.
Your probation officer can also offer you the required information about your conviction before filing your expungement.
Check Whether You Are Eligible
As mentioned in the previous paragraph, not everyone qualifies for an expungement. Generally speaking, you will not qualify for expungement if you are still on probation, violated the terms of your probation, or have served a term in the state prison unless your offense is eligible for a jail sentence under the Proposition 47 realignment.
Check to See Whether the Court Can Dismiss Your Probation
If you are still on probation, you can file a petition for early termination of your probation before you file your PC 1203.4 petition. However, when the court declines your request for early termination of your probation, you will not qualify for an expungement. Here are factors the court will consider when determining whether to dismiss your probation:
- Your criminal record.
- The seriousness and nature of your underlying crime.
- Your performance during the probationary period.
- Any other crucial evidence that can show the judge you deserve this post-conviction relief, including your community ties and employment opportunities.
Check to See Whether Your Underlying Offense Qualifies for an Expungement
Unfortunately, certain crimes will disqualify you from qualifying for an expungement under PC 1203.4. Examples of these offenses include:
- Statutory rape under PC 261.5(d).
- Oral copulation with a child under PC 287(c).
- Sodomy with a child under PC 286(c).
- Lewd acts with a child under PC 288.
An Overview of the Expungement Petition Filing Process
If you meet the required criteria, your next step should be to file your PC 1203.4 petition. Securing an expungement is a multi-step process, and each step is vital to achieving the desired outcome. Explained are the key steps to filing a PC 1203 petition:
-
Hire a Dependable Attorney
Retaining the services of an attorney is one of the most vital steps when seeking an expungement. In addition to being paper-intensive and time-consuming, securing an expungement is a confusing legal process. While you could be well-informed and knowledgeable about legal matters, you will have higher chances of securing a favorable outcome when you work with an experienced expungement attorney.
You can rely on the services of a public defender or personal attorney to file your expungement petition. If you believe the attorney who offered you legal representation on the underlying case is incompetent or he/she is unreachable, you can hire a new, reliable attorney. You can ask for recommendations from your friends and family or check reviews of the best local attorneys online.
-
Gather the Necessary information and Complete the Required Forms
Before filing a PC 1203.4 petition, you should have all the required information handy, including the following:
- Your unique case number.
- Date of your arrest and conviction.
- County of your arrest and conviction.
- The specific penal code you violated.
If you are still on probation, your attorney can help complete and file a petition to seek an early termination of the probation. However, it is worth noting that the court will not expunge your felony conviction record until it is reduced to a misdemeanor.
Fortunately, the court usually grants requests to reduce felonies to misdemeanors if your underlying offense is a wobbler. A wobbler is any offense that the prosecutor can file as either a misdemeanor or felony, depending on the specifics of your case.
However, if your underlying offense is a non-wobbler, you can still reduce it to a misdemeanor by filling out a certain form under PC 17(b)(3). Once you do that, you can go ahead and complete your expungement petition papers and file them. If you have already hired an attorney, he/she will obtain all the necessary information on your behalf and help you complete the expungement forms correctly.
Any information you want the court to have when determining your eligibility for expungement should be attached to the petition, including any proof of rehabilitation or letters of recommendation.
-
File Your Expungement Petition
Once your attorney has filled out all the required forms and attached the necessary evidence, he/she will file your petition with the court where your conviction occurred. The court will keenly assess your petition and send you a response within five (5) months. Depending on the court policies, you can mail or physically present your PC 1203.4 petition to the court clerk.
When filing your expungement petition, the court could require you to pay an expungement fee, which could vary depending on the nature and facts of your unique case. Timely filing of your expungement is vital. For example, you should give the prosecutor at least fifteen (15) days' notice before the hearing. This duration allows the prosecutor to review your case and object if necessary.
With the legal assistance of your attorney, you could qualify for financial assistance to file your expungement petition if you cannot afford the filing fee or are indigent.
-
Prepare for Your Expungement Hearing
Once the judge receives your PC 1203.4 petition, he/she will schedule a hearing to determine whether you are an excellent candidate for this post-conviction relief. Before this hearing, you should consult with your attorney to help you prepare for it.
Before the expungement hearing, the judge will inform the prosecutor of your lawsuit and give him/her a choice to oppose or support it. If the prosecutor is against your application for expungement, he/she will report to the court why he/she thinks you are not an excellent candidate for this post-conviction relief.
That is where the services of an attorney become vital. Your attorney can help you prepare the best response for any objections to your expungement petition. While your appearance during the expungement hearing is not mandatory, there are situations where your presence could be required. Your attorney will inform you whether your presence during the expungement hearing is necessary.
-
Attend the Expungement Hearing
Ultimately, a judge, not a jury, will decide whether to grant the expungement request. Even though your attorney can represent you in court, your presence can help convince the court you are rehabilitated and ready to put your past behind you.
Based on the information your attorney presents during the expungement hearing, the judge will decide whether to approve or deny your PC 1203.4 petition. Before approving your expungement request, the court will carefully review the arguments and evidence presented by the prosecution team to oppose your expungement request.
That is important because the judge wants to ensure that expunging your criminal record serves the best interests of justice. The judge is more likely to grant your expungement request if any of the following is true:
- You hold or can secure reliable employment.
- You do not have any other additional criminal conviction.
- You have completed your community service and all other court-ordered conditions.
When the court grants your expungement petition, you can withdraw your “no contest” or “guilty” verdict. Then, you can enter a new “not guilty” judgment before the court dismisses your conviction. Afterward, you will enjoy several benefits of expungement, including peace of mind and personal satisfaction from knowing your future is bright.
-
Refile Your Expungement Petition
Securing an expungement is helpful if you want to put your past behind you for a fresh start. Unfortunately, the court will not grant all expungement petitions it receives. If the court denies your expungement petition, you should find the reason, correct it, and re-file another petition after six (6) months. Below are some of the common reasons the court denies your expungement petition:
- Your underlying crime is ineligible.
- Wrong timing for seeking the expungement.
- You have not met the required eligibility criteria.
What Will the Expungement Not Do?
Undoubtedly, an expungement has several benefits, but there are limitations on what it can do. For example, the expungement will not:
- Restore your firearm rights under PC 29800, which prohibits felons from owning, buying, or carrying a firearm.
- Remove your obligation register and re-register as a sex offender under PC 290.
- Prevent the court from enhancing your sentence after a criminal conviction in the future. For example, an expunged DUI conviction will still count as a prior upon an arrest or conviction for a new DUI offense.
- Erase your criminal record from the eyes of the court and law enforcement authorities.
Find a Credible Expungement Attorney Near Me
As mentioned in the previous sentence, retaining the services of an attorney should be your first step if you are considering an expungement. A skilled attorney can mean the difference between approval or denial of your expungement petition.
We invite you to call our reliable attorneys at Long Beach Criminal Attorney at 562-308-7807 if you want to begin the expungement process to keep your past mistakes behind you.