Automatic Nondisclosure For First-time Misdemeanors In California
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FAQ
For many first-time misdemeanor offenses in California, judges will impose probation, community service, fines, or classes instead of jail time. The maximum sentence for misdemeanors is one year in county jail. But incarceration for the full year is rare, especially for minor first offenses.
In California, misdemeanor convictions will generally remain on your criminal record for life unless the conviction is remedied through a petition to dismiss.
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available).
In California, a misdemeanor conviction generally stays on your criminal record permanently unless you take action to have it removed. California does not automatically erase or “seal” criminal records after a certain period, so a misdemeanor will remain on your record unless you pursue an expungement.
California has allowed expungements of misdemeanors and some lower-level felonies, but not crimes that would be serious enough to send the offender to prison.
Can First-Time Misdemeanors Be Dismissed in California? Yes, it is possible for a first-time misdemeanor offense to be dismissed in California, depending on the circumstances of the case and the actions taken by the defendant and their attorney.
Expungements in other states result in the crime being completely removed from your criminal record – it disappears completely or becomes inaccessible. In California, misdemeanor convictions will generally remain on your criminal record for life unless the conviction is remedied through a petition to dismiss.
As authorized by Penal Code § 1203.4a, individuals charged with misdemeanors are eligible for expungement if they have stayed 1 year post-conviction even if they were sentenced and probation was not granted. Petitions may be denied if the petitioner has new charges or is on probation for a new crime.
