Expungement Options for Criminal Convictions in Orange County

If you’d like to understand expungement options in Orange County, you’ve come to the right place.

Expungement is a legal process that removes a criminal conviction from your record. In California, this means your conviction is dismissed, and you are no longer legally required to disclose it in most situations, such as applying for jobs or housing.

After your criminal record is expunged, you can move forward with a clean slate.

While it’s great to have your record expunged, it’s not that straight forward. The expungement process is long and has strict eligibility criteria. Patience is key. And so is working with a good attorney.

In Orange County, not all criminal convictions are eligible for expungement. However, many misdemeanors and some felonies can be expunged if certain conditions are met. Here’s a breakdown of the crimes typically eligible for expungement:

Most misdemeanor offenses are eligible for expungement. These are less severe crimes that often result in shorter jail sentences or probation.

Examples:

• Petty Theft (California Penal Code § 484): Minor theft offenses where the value of the stolen property is low.
• Drunk in Public (California Penal Code § 647(f)): Being intoxicated in a public place and unable to care for yourself.
• Vandalism (California Penal Code § 594): Damaging or defacing property with a value below a certain threshold.
• Trespassing (California Penal Code § 602): Entering or remaining on someone else’s property without permission.
• Simple Assault (California Penal Code § 240): An attempt to cause physical harm to another person without a weapon and causing no serious injury.

Some felony offenses can also be expunged, especially if they are considered "wobbler" offenses. Wobblers are crimes that can be charged as either a misdemeanor or a felony.

The ability to expunge a felony often depends on whether the sentence involved probation rather than state prison.

Examples:

• Drug Possession (California Health and Safety Code § 11350): Possession of controlled substances for personal use.
• Forgery (California Penal Code § 470): Falsifying documents with the intent to defraud.
• Grand Theft (California Penal Code § 487): Theft of property valued over $950, if charged as a misdemeanor.
• Embezzlement (California Penal Code § 503): Fraudulently taking property entrusted to you, which can sometimes be reduced to a misdemeanor.
• Certain DUI Offenses (California Vehicle Code § 23152): DUI charges that did not involve injury or severe aggravating factors.

While many misdemeanors and some felonies are eligible for expungement, certain crimes are not eligible:

Crimes considered particularly serious or violent, such as murder, rape, and certain sexual offenses, are generally not eligible for expungement.

Convictions for offenses like murder (California Penal Code § 187) or rape (California Penal Code § 261) cannot be expunged.

Offenses that require registration as a sex offender under California Penal Code § 290 are usually not eligible for expungement.

For example, convictions for crimes like child molestation (California Penal Code § 288) or possession of child pornography (California Penal Code § 311.11) cannot be expunged.

DUI offenses involving serious injury or death, or those classified as felonies with state prison sentences, are often not eligible for expungement.

Understanding which crimes are eligible for expungement and the conditions that must be met can help you determine whether you can clear your criminal record.

For your criminal conviction to be eligible for expungement in Orange County, you must meet several conditions, including:

1. You must complete your sentence

You must have successfully completed all terms of your sentence, including jail time, probation, fines, and any court-ordered programs.

If for instance you were sentenced to three years of probation, you must have completed the entire probation period without any violations.

2. No Pending Criminal Charges

You must not have any pending criminal charges or be currently serving another sentence. If you have an ongoing case or are on probation for another offense, you are not eligible for expungement until those issues are resolved.

3. Compliance with Probation

If you were placed on probation, you must have complied with all conditions and completed the probation successfully.

This means attending all required meetings with your probation officer, completing community service, and attending any mandated counseling or treatment programs.

4. Specific Waiting Periods

Some offenses may require a waiting period after completing your sentence before you can apply for expungement.

Some misdemeanors might require a one-year waiting period after the completion of probation, while some felonies might require a longer waiting period.

5. No State Prison Sentences

Generally, only those who served their sentences in county jail or received probation are eligible for expungement. Those who served time in state prison might need to pursue a different type of relief, such as a certificate of rehabilitation.

For example, if you were sentenced to probation and county jail for a drug possession charge, you are likely eligible for expungement, whereas a state prison sentence would require different legal

6. Compliance with Legal Obligations

You must have met all legal obligations related to your conviction, such as fully paying any court-ordered restitution or fines associated with your conviction.

Once you’re certain your criminal conviction is eligible for expungement, and that you fulfill all the conditions above, follow the following steps to expunge your record:

1. Complete the necessary forms

You will need to fill out some forms, including the Petition for Dismissal (Form CR-180) and the Order for Dismissal (Form CR-181).

You will need to accurately fill out these forms, providing details about your conviction, the court that handled your case, and the outcome of your sentence.

2. File the petition with the court

Once you fill out the forms, you must file them with the court. Submit your Petition for Dismissal and Order for Dismissal to the clerk of the court where you were convicted. Be sure to keep copies of the submitted forms.

You will need to pay a filing fee. Fee waivers are available for those who cannot afford it.

3. Notify the district attorney

After filing your petition, you must notify the District Attorney’s office. This allows them to review your case and provide any objections to the court.

Send a copy of your petition to the District Attorney’s office and ensure they receive it in advance of your court hearing.

4. Attend the court hearing

In many cases, you will need to attend a court hearing where a judge will review your petition and any objections from the District Attorney. The judge will then decide whether to grant the expungement.

Be prepared to explain why you deserve an expungement. Show that you have complied with all probation conditions and have taken steps to rehabilitate yourself.

5. The Court’s Decision

After the hearing, the judge will issue a decision. If granted, the court will sign the Order for Dismissal, officially expunging your conviction.

Once the order is signed, your criminal record will be updated to reflect the expungement, and you will receive a copy of the order for your records.

How Your Life Improves After Expungement

After your criminal record is expunged, your life will significantly improve in the following ways:

6. Access better employment opportunities

Having a criminal record can make it difficult to find a job. Expungement can remove this barrier, as employers are generally not allowed to consider expunged convictions when making hiring decisions.

After expungement, you can legally answer “no” when asked if you have been convicted of a crime on most job applications, increasing your chances of getting hired.

7. Access better housing options

Landlords often perform background checks and may deny housing to individuals with criminal records. With an expunged record, you have a better chance of being approved for rental applications, allowing you to live in safer and more desirable locations.

8. You can restore professional licenses

Certain professions require licenses that can be denied or revoked due to criminal convictions. Expungement can help you regain or maintain these professional licenses.

If you are a nurse or a real estate agent, expunging your record can help you obtain or renew your professional license, allowing you to continue your career.

9. You can get access to educational opportunities

Some educational institutions may deny admission to individuals with criminal records. With an expunged record, you can apply to colleges or universities without the fear of being rejected due to your past conviction.

10. Enhanced personal reputation

A criminal record can negatively impact your personal and social reputation. Expunging your record can improve your standing in the community and make it easier to engage in social and civic activities.

While expungement will positively change your life significantly, it also has some limitations:

1. Expungement is NOT A COMPLETE ERASURE

Expungement does not completely erase your criminal record. The conviction is dismissed, but the record still exists and can be accessed under certain circumstances.

Law enforcement and certain government agencies can still see the expunged record for purposes such as criminal investigations or background checks for specific jobs.

2. You still need to disclose in certain situations

If you apply for a job with a government agency or for a professional license, you must disclose your expunged conviction, as these applications often require full disclosure of your criminal history.

3. It can be considered in immigration cases

If you are seeking a visa or green card, USCIS can still see and consider your expunged conviction, which might affect your immigration status.

4. Certain convictions not eligible

Convictions for serious felonies like murder or offenses requiring sex offender registration cannot be expunged.

5. Impact on Repeat Offenses

If you are convicted of another crime after an expungement, the expunged conviction can still be considered in sentencing for the new offense. This could potentially lead to harsher penalties.

Now that you know which criminal convictions are eligible for expungement and which aren’t, we trust you understand your options.

Expungement can significantly improve your life, and we encourage you to contact our office to get started. You should also consult us to discuss other options If you aren’t sure of your eligibility,.