Having an assault conviction on your record can impact many areas of your life, including employment, housing, and even professional licensing. If you have an assault conviction and are looking to move forward with a clean slate, you may be wondering if expungement is an option for you.
Understanding California expungement law and the criteria for clearing your record is essential to determining your next steps.
Key Takeaways
- Eligibility for Expungement Varies – Not all assault convictions qualify for expungement; factors such as whether probation was completed and whether the conviction involved severe bodily injury play a significant role.
- Expungement Offers Practical Benefits – Having an assault conviction expunged can improve employment opportunities, professional licensing prospects, and housing applications, helping individuals move forward.
- The Legal Process Requires a Petition – To seek expungement, individuals must file a formal petition with the court, and in some cases, a hearing may be required before a judge grants the request.
What Is Expungement in California?
Expungement is a legal process that allows individuals to have a conviction dismissed from their record. Under California expungement law, a person who successfully petitions the court for expungement will have their conviction set aside, and their case dismissed.
While the record is not entirely erased, expungement can help with employment and housing opportunities, as California law prohibits employers from discriminating against individuals based on an expunged conviction.
Can You Expunge an Assault Conviction?
Whether an assault conviction can be expunged depends on several factors. In California, most misdemeanor and some felony convictions may be eligible for expungement, provided the individual has successfully completed probation and meets other requirements.
However, if the assault charge was classified as a violent felony or involved severe bodily injury, expungement may be more challenging.
What Felonies Can Be Expunged in California?
Many felonies can be expunged if the person was not sentenced to state prison and has completed probation successfully. Some serious felonies, particularly violent crimes or those requiring mandatory state prison sentences, may not be eligible for expungement.
If your assault conviction was a felony but you were granted probation, you might still qualify for expungement under California expungement law.
Steps to Expunge an Assault Conviction in California
If you believe you are eligible for expungement, follow these steps:
- Determine Eligibility: Ensure you have completed probation, have no pending criminal charges, and meet all other expungement criteria.
- File a Petition: Submit a formal request to the court that handled your case. This typically involves filing a Petition for Dismissal (Form CR-180 in California).
- Attend a Hearing (If Required): Some cases may require a court hearing where a judge will review your request.
- Obtain a Decision: If granted, your conviction will be dismissed, meaning it will no longer appear as a conviction on your record.
Benefits of Expungement
Expunging an assault conviction can provide significant benefits, such as:
- Improving job opportunities, as many employers conduct background checks.
- Making it easier to obtain professional licenses.
- Enhancing your ability to secure housing.
Contact a criminal defense attorney if you have been accused of assault and ask them if you could qualify for expungement if convicted. At S&B Legal we are ready to hear about your case and guide you in the best direction. Contact us for a free initial consultation!
Conclusion
If you have an assault conviction and are seeking a fresh start, expungement in California may be an option. However, eligibility depends on the details of your case, including whether you completed probation and the severity of the offense.
Consulting a qualified attorney can help determine if your conviction qualifies and guide you through the expungement process. Taking this step could open new doors and help you move forward with confidence.
Frequently Asked Questions
Can an expunged conviction still affect my ability to own a firearm?
Yes, even if a conviction is expunged, it does not restore firearm rights in California. Separate legal action, such as a pardon, may be required to regain gun ownership rights.
Will expungement remove my conviction from background checks?
Expungement removes a conviction from most employer background checks, but law enforcement agencies and certain government entities may still be able to see the expunged record.
How long does the expungement process take?
The process can take anywhere from a few weeks to several months, depending on court backlogs and whether a hearing is required. Hiring an attorney can help expedite the process.
