Granting Plea For Purging In Sacramento
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FAQ
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.
Records are not literally destroyed upon granting of a dismissal. They may be after 10 years at the discretion of the court under Government Code 68152.
Purge means to destroy, blot out, strike out, or efface so that no trace remains. Expunge is a synonym.
California does not have a true expungement process. A "true" expungement seals arrest and conviction records. Dismissal under PC 1203.4 - external link does not seal the arrest or conviction. The case will still show up on a background check, but it will show up as dismissed.
In California, dismissed charges can show up on background checks. However, the information displayed may vary depending on the type of background check conducted. For instance, more detailed checks might show dismissed charges, while basic checks might not.
If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use.
Get Legal Help With the Expungement Process While you may apply for expunction without an attorney, consider hiring one to assist you. To learn more about the expungement process in your state, contact an experienced criminal defense attorney.
