How to expunge a misdemeanor in california. Some confusion comes under california civil code 178618 that restricts the reporting of certain adverse information. Following a successful expungement if a potential employer asks if you have ever been convicted you can honestly answer no. If you havent completed probation then you must file a motion to terminate probation or a petition for dismissal if.
You can get a copy of your record from the superior court. File a diy petition for expungement in california 1. Reduce the impact of your california criminal record.
What are the steps to obtain an expungement. You will then have to obtain a form called a cr 180 petition for dismissal. A better response may be yes expungement granted.
To clear off such convictions first submit a petition to the court for a reduction in the charges. Contrary to popular belief misdemeanors in california are not automatically expunged with the passage of time but require the filing and granting of an expungement petition by the court. To expunge a misdemeanor file a petition to dismiss a misdemeanor if youve completed probation.
If convincing enough you will most likely get an expungement. The law related to cleaning your record is complicated. 1 committed a felony or misdemeanor and was not incarcerated in the california state prison 2 fulfilled the terms of hisher probation and 3 was not convicted of one of the specific crimes that make someone ineligible to receive a california expungement.
You will have to proof your rehabilitation claims and relate how much you have accepted responsibility for your actions and reintegrate into society. Pay all fines fees and. California penal code 12034 allows a person with a misdemeanor conviction to petition the court to have them re open the case set aside the conviction and dismiss the case ie to expunge the misdemeanor conviction from your record.
Answering no may look dishonest. If you ever get stuck consider getting legal help. 19 but to make sure contact a california criminal defense attorney.
Obtain a copy of your criminal record. Determine which forms you will need. Keep in mind though that background checks typically go back 10 years and employers can see that you had a conviction dismissed.
If you are looking to expunge a misdemeanor charge and have successfully completed your probation you need to file a petition to dismiss a misdemeanor pc 12034 if you have not yet successfully completed your probation you will need to file a motion to terminate probation. Obtain a copy of your criminal record from the california department of justice.