WHAT IS AN EXPUNGEMENT?
In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, “no contest” plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court. As is commonly believed, an expungement does not seal or destroy your criminal records.
The Benefits of Expungement
1. Getting a Job
The most valuable benefit of expunging your California criminal record is that it can assist you in securing employment, in spite of suffering a criminal conviction.Almost every employer does a background check before hiring a job applicant. The background check is quick, inexpensive, and can be done right from the employer’s own computer. Generally the search reveals the applicant’s records of arrests, convictions and probation status. Most employers consider the applicant’s criminal record in deciding whether to extend a job offer. A person whose conviction is expunged can lawfully answer “no” if asked whether he/she has been convicted of a crime. Also, the California Code of Regulations says an employer cannot even ask a job applicant about an expunged misdemeanor conviction. It is unclear whether an employer may inquire about expunged felony conviction.
2. State Licenses
To be sure, even after an expungement you must still disclose the conviction in response to any question posed in an application for a state license (such as a contractors license or real estate license) or application for public office. However, many licensing agencies will condition the award of a state license upon the conviction being expunged, and many will look upon the situation more favorably (or less unfavorably) if the applicant has successfully completed probation and the expungement process.
3. Professional Organizations
Many professional organizations do background checks before inviting someone to join or to hold a position or a seat. Again, the stigma and ill effect of a criminal conviction can be reduced if the case has been dismissed through the expungement procedure.
4. Personal Satisfaction
You can’t put a price on the great sense of relief after gaining an expungement. While it does not magically erase the past, it helps bring redemption for a mistake and closure to a frustrating chapter your life.
5. Immigration Consequences
An expungement generally does not limit the immigration consequences of a criminal conviction, such as deportation, denial of admission and denial of naturalization. However, in some instances it can. For example, under federal law, an expungement after a simple first-time drug possession offense can help an immigrant avoid otherwise mandatory removal and loss of immigration benefits.
The Limitations of Expungement
1. Prevent Anyone From Learning About The Conviction
A California expungement does not erase a criminal conviction. Instead, it updates the record of conviction to reflect that the guilty plea has been withdrawn, a “not guilty” plea has been entered in its place, probation is terminated, and the case has been dismissed. Depending on the entity conducting a background check, even after an expungement, it may still be possible for them to see that a conviction did take place. But they will also see that it was later successfully expunged.
2. Allow You Not to Disclose The Conviction to a State Licensing Board
In an application for a state license, for public office, or for contracting with the state lottery, if you are asked whether you’ve been convicted of a crime, you must disclose any criminal convictions…even if the convictions have been expunged. However, a licensing board may be less likely to hold an expunged criminal conviction against you.
3. Prevent The Conviction From Being Used to Enhance The Sentence For a Subsequent Conviction
Some California criminal convictions are can be used against you if you are later accused of the same charge. Simply put, if you are convicted of crimes in the future, the court can (and sometimes must) impose stiffer sentences because of the prior record. For example, if a person is convicted of a DUI and later the conviction is expunged, the expunged DUI conviction can be used to increase the negative consequences of another DUI, if convicted within 10 years of the first. In other words, the new conviction will be treated as a second-time DUI and punished more severely…even if the first DUI conviction had already been expunged.
4. Permit a Person to Own, Use or Possess a Firearm
California Penal Code 12021 makes it illegal to own, use or possess a firearm after a felony conviction and after certain misdemeanor convictions. An expungement does not relieve the convicted person of this prohibition.
5. Relieve a Person of Registration Under Penal Code Section 290
An expungement does not relieve a person convived of a sex offense in California of the duty to register under California Penal Code Section 290. However, other avenues may be available to relieve a registered sex offender of this obligation.
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