Expungement in California provides meaningful relief for individuals who have fulfilled their legal obligations and are ready for a fresh start. While an expungement does not completely erase a conviction, it can significantly improve access to employment, housing, and educational opportunities by removing the conviction from most standard background checks. Additionally, under Senate Bill 731, California now offers automatic record sealing in certain circumstances. If you have a past conviction for theft or burglary and want to minimize its impact or remove it from public view, contact a criminal defense attorney today.
What An Expungement is in California
In California, expungement is governed by Penal Code § 1203.4, which allows eligible individuals to withdraw a plea of guilty or no contest or set aside a conviction after completing their sentence. However, it’s important to note that California does not offer a “true” expungement in the traditional sense, that it completely erases it. In many other states, an expungement completely erases or seals a criminal record as if it never existed. In contrast, a California expungement under PC § 1203.4 does not seal nor destroy records, but instead changes the case to show it was dismissed.
An expungement in California offers substantial benefits despite its limitations. Once granted, the conviction will no longer appear on most public background checks and does not need to be disclosed to most private employers. This can improve a person’s chances of obtaining housing and employment. However, expunged convictions can still be accessed by government agencies, including law enforcement, the courts, and licensing boards, and may still be considered for purposes such as immigration or future criminal sentencing.
SB 731 California’s “Clean Slate Law”- A New Law to Seal Past Crimes From Public Record
California now offers automatic record sealing in certain circumstances. California’s SB 731, also known as the Clean Slate Law, is a recent law that expands and streamlines the availability to seal criminal records. “Sealing” a record means the conviction is no longer visible to the general public, including most background checks, but it can still be accessed by certain government agencies, such as law enforcement, the courts, the military, and licensing authorities, like those that issue firearm permits.
Under SB 731, arrests for misdemeanor offenses that did not result in charges are automatically sealed from the public after one year, as long as no criminal proceedings were initiated and the individual was not convicted of the crime. If a misdemeanor charge was filed but later dismissed, it may also be eligible for sealing. Additionally, many state felony convictions are eligible to be automatically sealed four years after the individual completes their sentence, provided there have been no new felony convictions during that time. The law also provides that felony arrest records that did not lead to any charges will be automatically sealed after three years, unless the arrest involved a serious, violent, or sex-related offense. If you have a past burglary conviction, you must know whether it was a misdemeanor or felony to see how this new law may apply to you.
SB 731 greatly helps eligible individuals move forward in their life without the burden or stigma of a past arrest or conviction. This law represents a major step toward criminal justice reform by reducing barriers to employment, housing, and education for individuals with old or minor criminal records. If you think your theft or burglary case might apply for sealing under the Clean Slate Law, contact a criminal defense attorney at The Law Office of Nic Cocis for more information.
Contact The Law Office of Nic Cocis For Expungement Help
If you’re seeking to expunge a theft or burglary conviction in Temecula, Murrieta, Menifee, Wildomar, Winchester or Lake Elsinore, it’s crucial to understand the eligibility requirements, the legal process, and any limitations that may apply before moving forward with this important form of relief. The experts at The Law Office of Nic Cocis understand the implications that come with a theft or burglary conviction, as well as the importance of clearing your record. Contact our firm to discuss your expungement options and take the first step toward a clean slate.
