Expungements in California
In California, the laws concerning the expungement of criminal records are fairly generous, making it easier for those who have paid their debt to society to make a fresh start. However, that doesn't mean getting one's criminal record cleared is a simple process. In some cases, your record may be cleared automatically; in others, you may have to petition the court and complete a process to have your record expunged. The Law Office of David J. Cramer has many years of experience helping eligible individuals clear their records, even amid California's evolving laws. I understand the profound impact a criminal record can have on your life, and I know how to give you the best chance of a successful expungement so you can start afresh.
What Expungement Means in California
California does not practice true expungement (which would mean the full destruction of the records) but instead practices record sealing—which, for the defendant, accomplishes basically the same goal. When a criminal record is sealed in California, it means that the record is hidden from the public eye. This can provide significant relief, as it prevents potential employers, landlords, and the general public from accessing your past convictions. However, it's important to note that certain government agencies can still access sealed records under specific circumstances, such as during a criminal investigation or when applying for a state license.
Expungement Laws in California
California's expungement laws are designed to offer a second chance to those who have successfully completed their probation and demonstrated rehabilitation. Under California Penal Code Section 1203.4, individuals may petition the court to clear their record after fulfilling the terms of their probation. This process involves filing a petition and may require a court hearing, during which a judge will evaluate your case and determine if expungement is appropriate.
In recent years, California has also implemented additional “Clean Slate Laws” (specifically, AB 1076 and SB 731) that enable automatic sealing of certain arrest and criminal records. Under these rules, arrest records that don't result in conviction are automatically sealed; most criminal offenses not resulting in jail time are sealed once probation is completed; and even for those who were incarcerated, many non-violent and non-sexual crimes may be expunged automatically within a certain period of time after the sentence has been completed, provided there are no additional arrests.
Help with Expungement Petitions
Even with these rules in place, you may have to petition for expungement if a record isn't automatically sealed—and some may even qualify for early record sealing. The process of petitioning for expungement requires substantial legal knowledge and can be quite complex. This is where the Law Office of David J. Cramer can help. For more than 21 years, I have been helping clients get the fresh start they deserve by working to coordinate the petition process and ensuring eligible candidates get their records sealed.
If you're facing a probation violation in Sacramento County, Alpine County, El Dorado County, or other parts of the Sacramento Valley or Sierra Foothills, don't face it alone. Call (916) 990-3730 or contact me online to schedule a free consultation.