Who Qualifies for Record Expungement?
Record expungement is possible but to qualify, you must meet the following criteria.
- Completed probation or probation was terminated early
- All fines, restitution or reimbursements have been paid.
- You are not serving another a sentence or on probation for another offense
- You have not been charged with another offense
If you were never on probation, you must meet these criteria to petition the court for expungement.
- The conviction was a misdemeanor or infraction
- It has been one year since you were convicted
- You are not serving another sentence for another offense
- You have lived an honest life since your conviction
If you were convicted of a felony that could have been charged as a misdemeanor (a “wobbler”), then an additional motion will need to be filed before petitioning the court for an expungement. This is a request to have your case reduced to a misdemeanor pursuant to Penal Code section 17(b). If you were convicted of a felony and sent to state prison, you would need a certificate of rehabilitation.
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Getting an expungement will change your criminal record from “convicted” to “dismissed.” Once this is done, you may legally answer, on most job applications, that you have never been convicted of a crime. Don’t let the mistakes you made in your past prevent you from reaching your future potential.