Friday, May 13, 2016

What crimes qualify to be expunged?

Generally, a you qualify for an expungement of your criminal records if you are convicted of a misdemeanor or felony offense and you 
  1. Were not sentenced to state prison (you still qualify if you were sentenced to county jail, work release, or electronic monitoring),
  2. You have successfully completed probation,
  3. You  do not have a current charge for a criminal case, you are not on probation for a criminal offense, or you are not serving a sentence for a criminal offense.
"Successfully completing your probation" means that
  1. you followed all the terms of your probation (paid all fines and restitution, completed any counseling programs, community service, etc.),
  2. you attended all required court appearances (in person or your attorney attended for you), and
  3. you did not commit any new crimes while on probation.
If you do not meet one of these elements, our office can still help you convince the court that you are a good candidate for an expungement.  

Who is NOT eligible for a California expungement?

You cannot expunge a conviction if you were sentenced to state prison.  There are certain criminal offenses that cannot be expunged, and these include the following sex offenses:

  • Penal Code section 286(c)-California's law against sodomy with a child,
  • Penal Code section 288-California's law against lewd acts with a child
  • Penal Code section 288a(A)-California's law against oral copulation with a child
  • Penal Code section 288.5-California's law against continuous sexual abuse of a child
  • Penal Code section 289(j)
  • A felony violation of Penal Code section 261.5(d)-California's statutory rape law.  A misdemeanor violation is eligible for an expungement.  

Common Questions:

What if I am still on probation? 
If you are still on probation, our offices can help you get an early termination of probation.  This would make you eligible for an expungement.  Contact us for more information.

What if I was sentenced to county jail?
You still qualify for an expungement.  You are only ineligible if you were sentenced to state prison.  Contact our office if you have any questions.

What if I was ordered to complete work release?
You still qualify for an expungement.  You are only ineligible if you were sentenced to state prison.  Work release is treated the same as being sentenced to county jail.

What if I was ordered to wear an electronic monitor (house arrest)?
House arrest is treated as if you were sentenced to county jail.  You still qualify for an expungement.  

What if I have a traffic ticket that I have not gone to court for?
As long as the traffic ticket is for an infraction, you still qualify for an expungement.  Contact us if you are not sure if it is an infraction or misdemeanor offense.

What if I have a traffic ticket that I have not paid?
As long as the traffic ticket is for an infraction, you still qualify for an expungement even though you are still making payments on your ticket.  Contact us if you are not sure if it is an infraction or misdemeanor offense.