Can a Criminal Charge Be Expunged in Sonoma County? What Defendants Need to Know

There are lasting consequences that come with a criminal conviction, but they don’t have to follow you forever. California gives you a chance to clean up your record in many situations, but you’ll need to understand how the process works first.

Expungement gives you an opportunity to move forward after you complete your sentence. When you’re able to limit access to these criminal records, it can help you find employment in the future.  

What Is Expungement?

Expungement is a legal process that allows you to reopen a closed criminal case and change the final result. Under California Penal Code § 1203.4, you can ask the court to withdraw your guilty or no contest plea and enter a new plea of not guilty. The court then dismisses the case.

This process does not erase the arrest or the fact that you were charged. Instead, it changes the outcome so that the record shows a dismissal rather than a conviction. Not having a formal conviction on your record can open a lot of doors for you.  

You also can’t expunge your records if you haven’t completed your existing sentence. That means you’re going to have to pay off your fines and finish up any probation before you qualify.

What Does Expungement Do (and What Doesn’t It Do?)

Expungement can provide real benefits to you, but it’s also important to understand its limitations.

What Expungement Does

Expungement changes the final result of your case from a conviction to a dismissal. In most private employment situations, you are allowed to truthfully say that you haven’t been convicted of this particular crime. That’s true even if you were previously found guilty of the offense. Successfully going through the expungement process can also show people that you’re willing to take the steps needed to turn your life around.

What Expungement Does Not Do

Expungement doesn’t completely erase the case from your record. While the conviction might not be available to the public, law enforcement agencies can still see the original charge and the dismissal.

There are some consequences of a criminal conviction that won’t disappear into thin air after a successful expungement. For example, the loss of your right to own weapons won’t automatically be restored on your behalf. You can also face immigration consequences even if your conviction is ultimately expunged.

Who Is Eligible for Expungement?

Whether or not you are eligible for expungement depends on whether you have completed your probation. You may also qualify in certain cases where the court did not impose probation, as long as you completed all sentencing requirements, including payment of fines and completion of any programs.

Additionally, you can’t have any active criminal charges against you while pursuing the expungement process. The court expects you to show that you complied with prior orders and have not continued to engage in criminal conduct.

Most misdemeanor convictions qualify for expungement. Some felony convictions also qualify, particularly when the court reduces the felony to a misdemeanor before granting relief. However, cases that resulted in a state prison sentence often do not qualify.

Petitions vs. Automatic Relief

There are different paths to expungement available to you depending on the circumstances. In some cases, you’ll need to file a petition with the court to request relief from your criminal record. In other situations, expungement might happen automatically.

A petition requires you to complete specific forms, provide information about your case, and submit the request to the court that handled your matter. In some cases, the judge may rule on the paperwork alone. In others, the court may schedule a hearing.

Recent changes to California law introduced automatic relief for certain eligible cases. Under these reforms, the state may dismiss qualifying cases without requiring you to file a petition. This typically applies to less serious offenses and cases where you met all conditions.

You should not rely on automatic relief without confirming that it applies to your situation. Many cases still require a formal petition, and waiting for automatic action can delay your ability to move forward.

How an Attorney Can Help

Expungement may be easy to understand, but the process is complex. An attorney can provide you support in a few different ways, including the following:

Determining If You Are Eligible

Before your attorney can file a petition or schedule a hearing, they’ll first need to figure out if you qualify for expungement. If you don’t, they may be able to advise you on your other options as well.

Preparing the Petition

If you want your petition to be successful, it must be accurate. Any mixed-up details or missing info could do substantial damage to your case.

Representing You at a Hearing

Your attorney can make certain you’re prepared for any hearings throughout this process. This includes presenting your case to the court and explaining any court orders to you.

Avoiding Delays and Errors

Mistakes in paperwork or missing information can delay the process or lead to a denial. An attorney helps you avoid these problems and keeps the process moving forward.

Advising on Next Steps

Expungement is often one part of improving your record. An attorney can guide you on additional steps, such as record sealing or other legal options that may apply.

Let The Law Offices of Andres Rico Help

Expungement gives you a meaningful opportunity to move forward with fewer obstacles, but it’s not available to everyone. Let an Sonoma County Expungement Lawyer who understands this process guide you every step of the way. Contact us today for a confidential consultation.