California Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

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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FAQ

On questions from Government Licensing Applications if you are asked if you have ever been convicted of a crime, you should disclose the expunged case, but can tell them it has been dismissed and set aside.

Legally, the conviction is gone. If you know they are going to do a background check, though, you might want to say that you had a case dismissed (just in case they don't see the expungement when they look through the public records).

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

Enacted in September 2022 and fully implemented by July 2023, Senate Bill 731 builds upon the progress made by AB 1076 by extending automatic expungement to misdemeanor, non-violent felonies, and non-sex offenses that did result in incarceration, provided the defendant serve their time and stay out of trouble for a ...

What does a background check show in California? Depending on which types of screenings you choose, a background check may include: National, federal, state, and county criminal records, showing pending cases and misdemeanor and felony convictions generally going back 7 years.

If you're looking to file a petition for expungement without an attorney in California, follow these steps: Obtain a copy of your criminal record. ... Complete probation. ... Pay all fines, fees, and restitution. In the case of a felony, petition the court to reduce charges. ... In the case of a misdemeanor, complete and submit CR-180.

How do I apply? Contact the Public Defender or legal aid. The Public Defender or legal aid in the county where you have convictions will be able to help you start the process. Submit petitions if eligible. In about 2-6 weeks, the Public Defender or legal aid will contact you. ... Receive decision.

When your conviction is dismissed, it is not removed from your criminal record held by the California Department of Justice, but the record will show that your conviction was dismissed. Many public employers will likely be able to see your conviction, but will also see that it has been expunged.

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California Affidavit in Support of Motion to Order Expungement of Criminal Record