Disclaimer: This guide is intended as general information only. Your situation may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.
Click here to download this guide with step-by-step instructions for completing the forms.
What is an expungement?
An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your record.
Why would you want an expungement?
It can be difficult to get a job with a conviction on your record. Many employers must carry insurance on their employees, and insurance companies often refuse to insure employees with convictions.
What types of expungement exist?
There are three types of expungement:
- The first, governed by Penal Code 1203.4, will expunge cases in which probation was part of the sentence.
- The second, under Penal Code 1203.4(a), will expunge cases in which there was no probation.
- The third, under Penal Code 17, will reduce a felony conviction to a misdemeanor. This misdemeanor can then be dismissed.
If you received state prison as your sentence, you will need to file paperwork for a Certificate of Rehabilitation, rather than a Petition and Order for Dismissal.
Once my conviction is expunged, can I answer "No" to questions about convictions on job applications?
Legally, you may answer "No" to these types of questions. Keep in mind, though, that background checks typically go back 10 years, and employers can see that you had a conviction dismissed. Answering "No" may look dishonest. A better response may be "Yes, expungement granted."
If you are applying for a government job, a job that requires security clearance, or a job that requires a government-issued license, certificate or permit, the conviction will be discovered during the standard background check. You should disclose the conviction and expungement in these situations.
If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.
How does an expungement affect strikes or other sanctions?
Although your conviction may be dismissed, the sanctions such as firearms prohibitions, exclusions from jury duty, or strikes, cannot be dismissed. These remain intact for life.
An expungement does not:
- Remove the conviction from your criminal history. California and FBI criminal history records will still show the conviction and the subsequent dismissal.
- Reinstate your right to possess firearms.
- Allow you to omit the conviction from applications for government-issued licenses.
- Seal the court case file from public inspection. The court file remains public record.
- Prevent the conviction from being used as a "prior" for sentencing enhancements in subsequent convictions.
- Prevent the conviction from being used to impeach your testimony if you are called as a witness in court.
- Prevent the conviction from being used to refuse or revoke a government license or permit, such as real estate license, teaching credential, security guard certificate, etc.
- Prevent the conviction from being used by US Citizenship and Naturalization Services for removal or exclusion purposes.
Can I apply for an expungement if I still owe money for fines, fees, or restitution?
No. The court will not grant an expungement until your sentence is complete, which includes full payment. When you apply for an expungement, the probation department will provide information to the court about your compliance with paying any fines, fees, or restitution you've been ordered to pay. If you still owe money, the probation department will report that you are noncompliant with your sentence, and your request for expungement will be denied.
If you wish to make a payment, or set up a payment plan, contact the Department of Revenue and Recovery at one of these locations:
- 700 H Street, Sacramento, CA 95814
- 4100 Branch Center Drive, Sacramento, CA 95827
DRR can also be reached at 916-875-7500 or DRRMail@saccounty.net. More contact information is available at http://www.drr.saccounty.net/ContactUs/default.htm.
You may ask the Department of Revenue and Recovery to do a "balance adjustment" on the money you owe. This is a mathematical formula the department applies to the balance owed, and may reduce the total money you owe. A balance adjustment does not adjust restitution. Only the court can modify restitution. To request a modification of your restitution, write a letter to the Judge who heard your case. Explain why the restitution is unfair, and any hardships you experience in complying with the existing restitution order.
PROCEDURE
Should I obtain a copy of my criminal record prior to filing for an expungement?
Yes, you will need a copy of your criminal record or case information from each conviction you wish to expunge. Your criminal record or case history includes information essential to filling out the expungement papers.
To get case information for your post-1988 Sacramento convictions, visit http://www.saccourt.ca.gov. Click on "Search Our Case Index," and use the search engine to find your case(s).
For a copy of your state-wide criminal record, visit a Live Scan fingerprinting site. After providing your fingerprints and paying the required fee, a copy of your criminal record will be mailed to you. To find a Live Scan site near you, see http://ag.ca.gov/fingerprints/publications/contact.php. More information about requesting your statewide criminal history is available at http://ag.ca.gov/fingerprints/security.php. The fee may be waived if you are low income. Call the Records Review unit (916) 227-3849 for more information.
How much does it cost to get a conviction expunged?
The maximum amount is $120, but many petitions may be filed for $60. The filing fee is based on the type of conviction to be expunged. Fee waivers are available for low-income petitioners.
Where do I find the forms for an expungement?
There are two forms you will need to expunge your conviction:
These forms are also available at the courthouse, and at the law library from these books:
- California Judicial Council Forms Manual (Ref Desk KFC 995.A65 C25)
- West's California Judicial Council Forms (Ref Desk KFC 995.W45 C3)
Can I attach letters explaining my situation or my improved life?
It is often a good idea to attach a declaration stating why you want the expungement and explaining your situation in life. In this declaration, you may want to discuss:
- Your plans for the future
- The reasons you offended, and how your life is different today than it was when you offended.
- How the conviction has hurt your employment chances
- If you have received any training or education
- Any occurrence in your life that changed how you interact with your community
- Any 12-step or religious affiliations you have
All declarations submitted to the court must be true and accurate. Declarations are one page long, and may be typed or handwritten.
Letters from employers, clergy, or other community members can be convincing, but should not be attached to your petition. You may provide these to the judge at your hearing.
What is a Proof of Service, and how is it used in an expungement case?
Service is a formal way of giving copies of court documents to all parties in a case. The Proof of Service is a document that lets the court know that a party was served with court documents. In an expungement proceeding, the District Attorney and Probation Department must be served.
In Sacramento County, the court will serve your papers for you, so you do not need to worry about the proof of service. If you are filling in a different county, contact the criminal court clerk to determine the service requirements and procedures in that county. Many will serve the documents for you. If not, the general procedure will be to file your documents with the court. The court will give you stamped copies of your papers, which must be served on the District Attorney and the Probation Department. The person performing service will then complete a Proof of Service form, and turn it in to the court.
Where do I file my expungement forms?
You will need to file your petition in the Superior Court for the county where you were convicted.
What if I fill out the forms incorrectly?
The forms will be returned to you, often with an explanation of what is incorrect. You may correct the petition and return it to the court. There is no additional filing fee.
Can I expunge multiple convictions at the same time?
Yes, you can file several petitions for expungement simultaneously. You will need to file separate Petitions and Orders for each conviction.
What if I have changed my name since my conviction?
Fill out the forms with the name under which you were convicted. Sign the forms with your current name.
AFTER FILING THE PAPERS
What happens if the court denies my expungement?
If you attend the hearing, you may ask the judge what you can do to get your conviction expunged. You may re-file your petition for expungement in 3-6 months, after you've made the changes recommended by the judge.
What happens if I am arrested while trying to get a previous conviction expunged?
You cannot apply for expungement if you have any ongoing criminal proceeding or are on probation for any criminal offense. If you are arrested after you apply for expungement, your petition will be denied.
How long will the expungement process take?
It will take anywhere from 3 weeks to 4 months, depending on how busy the court's calendar is.
FOR HELP EXPUNGING YOUR CRIMINAL CONVICTION
VLSP Criminal Records Expungement Clinic
http://www.vlsp.org/criminal.asp - 551-2155
Tuesdays, Wednesdays and Thursdays - 10:00 a.m. - 4:00 p.m.
915 Broadway, Sacramento
Services provided: assistance expunging criminal records.
Call for an appointment.
FOR MORE INFORMATION
California Courts' Self Help Website
http://www.courts.ca.gov/1070.htm
This website includes a section with information and instructions on cleaning up your criminal record.
Expunging Your Conviction Video
Co-sponsored by the Sacramento County Public Law Library and Voluntary Legal Services Program of Northern California.
http://www.saclaw.org/video2/expunging-your-conviction.mpg
This video provides information about the expungement process.
At the Law Library:
How to Seal Your Juvenile and Criminal Records in California. KFC 1194 .Z9S53.
California Criminal Defense Practice. KFC 1155 .C342. Chapter 103, Expungement of Criminal Records.
California Criminal Law Procedure and Practice. KFC 1155 .C35.
updated 04/11 mpj