If you have been convicted of a crime in California, you may be wondering if there is a way to clear your record and what felonies cannot be expunged. A criminal defense attorney can help you get rid of as many records as possible.
Having a criminal record is like carrying a heavy weight on your back for the rest of your life. A criminal record can prevent you from getting a good job, and good housing, and also carries a significant social stigma.
Key Takeaways
- Charges that cannot be expunged: Murder, attempted murder, voluntary and involuntary manslaughter, serious sex crimes, serious violent crimes, certain domestic violence crimes, felonies committed while on probation, and some traffic offenses cannot be expunged from your record.
- Charges that can be expunged: Crimes such as petty theft, assault, driving under the influence, and drug possession can be expunged from your criminal record, thereby improving employment and housing opportunities.
- Expungement Process: The first step is to file a petition with the county court where you were convicted. If expungement is granted, the charge will be removed from your criminal record by the California Department of Justice. A skilled attorney can guide you through this process, which can take anywhere from 6 months to over a year.
What felonies cannot be expunged?
There are some criminal charges that cannot be expunged, no matter what, from your record. If you are currently asking yourself “can a felony be expunged in California?” here is some useful information.
Some of the most common charges that cannot be expunged include:
- Murder
- Attempted murder
- Voluntary manslaughter
- Involuntary manslaughter
- Serious sex crimes
- Serious violent crimes
- Certain domestic violence crimes
- Serious crimes committed while on probation
- Some traffic offenses
Remember that an experienced criminal defense attorney can help you seal your record, which can make it difficult for potential employers or landlords to see your criminal record.
It is important to consult with a criminal law attorney to get an accurate and personalized assessment of eligibility for expungement, as each case is unique and the law can change.
What crimes can be expunged?
On the other hand, there are crimes that can be removed from your criminal record. For example, if you have been convicted of a crime not listed above, you may still be able to expunge your record. Some of the most common crimes that can be expunged include:
- Petty larceny
- Assault
- Driving under the influence
- Drug possession
A question people often ask is how long it takes to expunge an arrest warrant. In California, this varies based on a number of factors, including the nature of the warrant, the workload of the court, and compliance with necessary legal procedures. Here is a general guide to the process and estimated time:
- Servicing the arrest warrant: Immediate to a few weeks.
- Filing a request to expunge the warrant: 1-3 months.
- Court review and processing: 1-6 months.
- Hearing (if necessary): 1-3 months after filing.
- Judge’s decision and record update: 1-3 months.
If you are eligible for expungement of criminal charges, an attorney can help you navigate the process and make sure everything is done correctly. The expungement process can be complicated, and an attorney can make things much easier for you. Additionally, an attorney can help you seal your record if expungement is not an option.
What is the process for expunging a charge?
If you are eligible for expungement, the first step is to file a petition with the court. The petition must be filed in the county where you were convicted of the crime. Once the petition is filed, the court will set a hearing date. At the hearing, the judge will decide whether or not to grant your request for expungement.
If you are granted expungement, the court will order the California Department of Justice to remove the charge from your criminal record. Once the charge is expunged, it will be as if you were never convicted of the crime.
How long does it take to expunge my criminal record in the USA?
The time it takes to expunge a criminal record in the United States can vary depending on several factors, including the type of crime, the state in which it occurred, and the workload of the courts. Below is a general process and how long it might take:
Preparation and filing of the application: 1-3 months. This includes obtaining and reviewing the criminal record, preparing the necessary documentation, and filing the expungement application with the court.
Court review of the application: 1-6 months. The court will review the application and schedule a hearing if necessary. The wait time can vary depending on the court’s workload.
Hearing (if necessary): 1-3 months after filing. In some cases, the judge may require a hearing to decide on the expungement application.
Judge’s decision: Immediately to 1 month after the hearing. The judge will issue a decision on the expungement application. If approved, an order will be signed to expunge the record.
Updating Records: 1-3 months. Once the judge approves the request, the relevant agencies, such as law enforcement and criminal records bureaus, will update their records to reflect the removal of the crime.
In total, the entire California expungement process can take anywhere from 6 months to over a year, depending on individual circumstances and jurisdiction. It is advisable to consult with a criminal law attorney for a more accurate estimate and assistance with the process.
What are the negative impacts of having a charge on your record?
Having a charge on your criminal record can negatively impact your life in a number of ways. It can make it difficult to find a job, get approved for housing, or even get into college. If you are facing charges, it is important to speak with an attorney as soon as possible to avoid long-term consequences.
Contact S&B Legal today!
If you have been charged with a crime and are asking yourself how to expunge a felony in California, it is important to speak with an attorney as soon as possible. The sooner you seek help, the better your chances of obtaining a favorable outcome in your case. S&B Legal is experienced in handling all types of criminal cases and we can help you understand your options and make the best decisions for your case. Contact us today to learn more about how we can help you.
Summary
If you have been convicted of a crime in California, you may be looking for ways to clear your record. Not all criminal charges can be expunged, but a criminal defense attorney can help remove those that are eligible, making it easier to find employment, and housing, and remove social stigma.
Frequently Asked Questions
Who is eligible to expunge a criminal record in California?
In California, eligibility for expunging a criminal record (also known as expungement) depends on the type of conviction and the fulfillment of certain conditions. Generally, individuals who have successfully completed their sentence (including probation and any prison time) and have no pending criminal charges are eligible. However, not all convictions are eligible to be expunged; For example, certain sex crimes and serious violent crimes cannot be expunged. It is advisable to consult with an attorney to evaluate the specific eligibility of a case.
What are the benefits of expunging a criminal record in California?
Expunging a criminal record in California offers several benefits, including:
- Better employment opportunities
- Housing
- Professional licenses
- Reputation and peace of mind
What is the process for expunging a criminal record in California?
The process for expunging a criminal record in California generally involves the following steps:
- Eligibility
- Documentation
- Notification
- Hearing
- Court order
