California Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges. Cases that get dismissed should be cleared immediately. Convictions of cases where you are granted probation should be cleared once the case closes.

If your case was dismissed, or you were acquitted by a jury, there is a slightly different mechanism. In these cases, you must submit your petition directly to the Superior Court that would have jurisdiction over your case. A copy of the petition must be filed with the DA's office so they can respond.

Now, for qualifying felonies, if you've finished serving your term plus any supervision, you can get these records sealed or expunged as long as four years have passed and you have not offended again. This could be huge for a person's ability to secure jobs and housing after a conviction.

Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including: Child ography crimes. Certain sexual assault crimes. Committing lewd acts with a minor. Failure to submit to a police inspection of vehicle.

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.

Legal action has been terminated and the state is not moving forward with the prosecution ? at least for now. A case can be dismissed at any time during the process, including before trial, during trial, or even after trial (if a convicted defendant wins on appeal.)

The process of filing for expungement Step 1: Seek legal counsel. ... Step 2: Obtain and complete forms. ... Step 3: File for expungement. ... Step 4: Meet with your attorney to prepare for your hearing. ... Step 5: Your expungement hearing. ... Step 6: If your petition is accepted. ... Step 7: If your petition is denied.

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California Motion to Expunge Criminal Offender Record due to Charges having been Dismissed