Expungements in California
In California, "Expungement Law" is actually a set of post-judgment remedies available to the following sets of circumstances:
- Petition to "Seal & Destroy" Arrest Record(s). Where you were arrested, but not convicted (either because the case was dismissed, or because you were found "not guilty" by a judge or jury), and you are factually innocent of the charges. (California Penal Code section 851.8)
- Petition to Expunge Criminal Conviction. Where you were convicted of a felony or a misdemeanor, probation was completed successfully, and you did not serve time in state prison (sometimes with this petition, it can be appropriate to ask for early termination of probation). (California Penal Code section 1203.4)
- Petition for Charge Reduction. Where you were convicted of a felony, but due to evidence of your rehabilitation, you ask the judge to reduce a felony to a misdemeanor (often it is a good idea to ask for this in conjunction with a petition for expungement). (California Penal Code section 17(b) )
- Petition for a Pardon. Where you served time in state prison and parole was terminated succsessfully, you ask the Governor to wipe your slate clean. (California Penal Code section 4852.01)