If you are seeking a California expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the California Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
When a defendant has fulfilled the conditions of probation for the entire period of probation
- Has been discharged prior to the termination of the period of probation,
- In any other case in which a court, in its discretion and the interests of justice, determines an expungement should be granted.
- A defendant convicted of a misdemeanor and not granted probation if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life.
- A person who was under the age of 18 years at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether defendant was acquitted or charges were dismissed.
Additional restrictions on who can qualify for an expungement
Probation must have been satisfactorily completed or, if not granted probation, one year must have passed since date of judgment.
All court orders must have been obeyed
- Defendant must have been free from subsequent offenses.
- Defendant must be living an honest and upright life.
- Other conditions may affect defendant's eligibility status.
- State criminal records of arrests not leading to conviction be sealed including expunged, erased, or purged
- Most arrest records can be sealed, except for infractions. Certain minor marijuana arrests can be purged.
Does the law provide for sealing? What are the requirements?
Many adult misdemeanor and felony convictions can be expunged, except for certain serious felonies, specific misdemeanor motor vehicle offenses, and infractions. Certain minor marijuana convictions may be purged.
Unless subsequently convicted of a felony or misdemeanor of moral turpitude, individuals may apply for sealing of many juvenile ward of the court adjudications upon reaching 18 years of age or 5 years after disposition, whichever comes .
Records regarding a person's detection, apprehension, arrest, detention, trial or the disposition of an offense within the criminal justice system are selected for expungement.
What does it mean if you have a record expunged or sealed?
Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
When “sealed,” the arrest record is removed from the rap sheet. Most records are destroyed three years after the arrest and the individual may generally answer that s/he has never been arrested. However, law enforcement and health care facilities may still ask about sealed information and the records may be used under the “three strikes” law in future criminal prosecutions. An individual may generally answer that s/he has never been convicted; individuals may be required to reveal these records when applying for law enforcement employment.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred. Once sealed, the entire record, fingerprints, booking photo, and arrest report are sealed and then destroyed.
After the record has been expunged, you have additional criminal charges; the expunged convictions can be used against you. And, on all government-related forms, upon request you must reveal the expunged criminal convictions.
Are you eligible for a California Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Califonia soon.