EXPUNGEMENT

As a former prosecutor, Christy Horowitz is dedicated to helping you be proactive and get your life back after a conviction. She understands the difficulties a criminal record poses and believes in compassionate advocacy while fighting for the best possible outcome.

HOW EXPUNGEMENT CAN HELP

Thankfully, in many cases a legal process exists for wiping the slate clean, which is called expungement.  An experienced Santa Barbara criminal defense attorney can help guide you through the process of expungement.  An expungement dismisses your old criminal conviction, changes the legal record to show your case was dismissed, and permits you to say no if asked whether you were convicted of a crime.  This means most people – outside of those hiring for certain government jobs – will not see your conviction if they examine your criminal history.

A California expungement goes a long way to getting your life back after a conviction.  Unfortunately, some things cannot be undone even if the process is successful.  For example, even if your conviction is expunged it will not:

• Keep government licenses such as real estate or teaching licenses from being revoked
• Grant a restoration of gun rights
• Keep the expunged conviction from being considered a prior offense if you re–offend

LIMITS ON EXPUNGEMENT

Given the benefits, it’s understandable anyone convicted of a criminal offense would want their record expunged.  However, an expungement cannot solve all problems created by a conviction and is not available for everyone.

To file for an expungement in California, you must meet several requirements. These include:

• Paying all court ordered fines
• Completing probation
• Waiting at least one year from the date of your conviction
• Not being sentenced to time in state prison
• Not being convicted of serious sexual offenses involving children or violent crimes like murder

RECORD SEALING

Even if your arrest never resulted in conviction, having to disclose the fact it happened may still negatively affect you.  In this case, sealing and destroying your arrest record can permit you to say you were never arrested.  In California, this option is available to you if:

• Charges were never filed after you were arrested
• A diversion program was successfully completed
• The court dismissed your case
• A jury acquitted you
• You had a conviction overturned on appeal

Do expunged records show up on background checks?

Generally, expunged records will not appear on employment background checks. Once a person has completed the requirements for expungement, the event, arrest, or conviction record is erased.

If an employer conducts a standard criminal background check through commercial databases, it is possible that your previous conviction will not appear. If an employer demands that you submit fingerprints or provide a copy of your Department of Justice report, they may see what happened in your case, but the record will likely reflect that you were found innocent. If there was a previous conviction on your record, it will likely appear as being dismissed from court.

However, there are cases where a conviction will still be visible, particularly to law enforcement and the courts. For example, an expunged record can be used against someone if the person commits another crime. “However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.” Penal Code 1203.4(a)(1)

Does an expungement make it look like my charge did not happen?

Yes and no. The case number on your official criminal history will have the words “set aside and dismissed” next to it instead of “convicted”. That might help you obtain state licenses (like nursing licenses, etc.). On most background checks carried out by private employers, they’ll see that conviction was set aside.

When you are asked on an application if you have ever been convicted of a crime, you can truthfully answer no if your records have been expunged because, legally, that conviction has been erased. There are times when you may have to answer yes, however, such as if you were applying for public office, the state lottery, a state or local licensing agency, or the INS, to name a few. While an expungement may look like the charge did not happen when it comes to court records, this will not erase other public records like news articles or websites that archive court filings.