by Doreen Martel

Created on: February 09, 2009

An expungement is done to allow you to fill out a job application and say honestly that you have no convictions. In California, the process to get a felony expunged is a civil matter. Some felonies are not eligible to be expunged from the record. Most of these are sexual crimes and cannot be expunged from a criminal record. The specific ones are:

- Engagement in Three or More Sexual Acts with a Minor Under 14 - Penal Code 288.5

- Sexual Penetration of a Minor Under 14 by a Foreign Object Penal Code 289(j)
- Rape - Penal Code 261(d)
- Lewd Act on a Child - Penal Code 286
- Oral Copulation on a minor under 14 years of age Penal Code 286(a)
- Sodomy Penal Code 286(c)

Other felonies that cannot be expunged are Vehicle Code section 42001(b) (driving in excess of 100 miles per hour) or Penal Code sections 286(c), 288, 288a(c), 288.5, 289(j) or any felony conviction of Penal Code section 261.5(d) (all applying to sex crimes).

Process

In order to apply for an expungement hearing a person convicted of a qualifying felony must file a civil request. A criminal defense attorney would file form a PC1203.4 petition in Calfornia.

Black's Law Dictionary defines "expungement of record" as the "Process by which the record of criminal conviction is destroyed or sealed after the expiration of time." The expungement is a civil process even though it deals with a criminal matter.

Additional Eligibility

If the crime committed is eligible for expungement, there are also other criteria to be met to have a record expunged. This criteria includes:
- Probation must be complete
- All restitution/fines (if applicable) must be paid
- No current offense outstanding
- No state prison time served
- Must be one (1) year from the time of the original crime

If all of the conditions are met, the expungement application if approved will remove the plea or the finding of guilt from the person's criminal record. The record then becomes sealed or destroyed. This does not remove the record of an arrest. The arrest record is a different matter and must be handled separately.

Arrest Records

To remove an arrest from a record a Petition for Factual Innocence must be filed. If there was no conviction the application would be handled through the police department where the arrest took place. If the police department refuses to remove the record the petition can be submitted to the court. In the event there was a trial and the person was found innocent or the charges were dismissed then the petition would be filed with a court.

Summary
A foolish mistake can blemish anyone's record. Following the process to get a felony expunged in California can help restore your good name.

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