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There has always been some confusion as to what an expungement is. Simply stated, this removes the cloud of criminal action from your record. In California, having you record expunged means that you do not have to disclose the crime you were convicted for.

Some mistakenly believe that if you wait long enough, your criminal record is cleared. This simply is not the case. A petition however can be filed with the court that requests a criminal case is reopened and ultimately dismissed.

Conditions & Eligibility

There are conditions to having you record expunged. Certain felony convictions can never be expunged from your record. There are also eligibility requirements that must be met including:

A) Certain crimes (mostly sex crimes) cannot be expunged

B) All restitution (and any fines) must be paid in full

C) No state prison time served (Pardons would apply then)

D) No current outstanding criminal charges

Advantages of Expungement

When your petition for expungement has been accepted if the record is ultimately purged, you never have to reveal your criminal history. This means when employment, education and housing applications you can honestly say you have not been convicted. This can help with potential discrimination and potential losses of employment.

What Expungement Accomplishes

It is important to understand that expungement does not erase a criminal record. Instead, it changes a finding of guilty to a dismissal.

For some offenses that occurred prior to January 1, 1976, you may not need an expungement.Requests to purge records can be filed for these cases:

-Marijuana Possession - Possession of not more than 28.5 grams

-Paraphernalia Possession - Unlawful possession of marijuana paraphernalia

-Unlawful Presence - Being present where marijuana is being used

-UI - Being under the influence of marijuana

If the request to grant the purge is accepted, both the arrest and conviction are completely removed from your criminal record.

Additional Options to Expungement

If you want to clear you record more thoroughly than an expungement will, there are some options available to you in California:

California Seal - The Department of Justice would retain your records in their system but it would not show up on background checks. Your entire criminal record is removed from public view.

California Pardon - If you do not qualify for expungement or seal this may be an alternative. Supplying proof of a law abiding life for at least ten (10) years after being convicted of a crime is required to apply for a California pardon.

Additional Information

It is important that you understand your rights if you are convicted of a crime in California. The law does not allow you to be stripped of your rights to vote. If you are successful in your petition to have your record expunged or sealed, you still are not allowed by California law to serve on a jury or to carry any type of a weapon in California.

Summary

Many people make foolish mistakes when they are young. California like many other states makes allowances for youthful mistakes by allowing you to apply to have your criminal record expunged.

Learn more about this author, Doreen Martel.
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