Which crimes can be expunged in California?
Many people ask, “Which crimes can be expunged in California?” because they want to clear their record and have a fresh start. Having a criminal record can make life harder when applying for jobs, housing, or even schools. The good news is that California law allows some crimes to be expunged, which means the conviction can be dismissed from your record. In this article, we will explain in very simple words what expungement means, which crimes may qualify, which ones do not, and how the process works.
What Does Expungement Mean?
Expungement is when a court dismisses a criminal conviction from your record. It does not erase the crime completely, but it changes the record to show that the conviction was dismissed. This can make it easier to:
- Get a job
- Rent an apartment
- Apply for professional licenses
- Move forward in life without being judged by your past
Expungement is not the same as a pardon or sealing records, but it is still very helpful.
Who Can Apply for Expungement?
In California, you can usually apply for expungement if:
- You were convicted of a misdemeanor or some felonies.
- You completed probation or your jail sentence.
- You are not currently charged with another crime.
- You are not serving a state prison sentence for that conviction.
Crimes That Can Often Be Expunged
Here are examples of crimes that are usually eligible for expungement in California:
1. Misdemeanors
Most misdemeanors can be expunged, such as:
- Petty theft
- Trespassing
- Vandalism
- Shoplifting
- Drunk in public
2. Certain Felonies
Some felonies can also be expunged if the court allows them, especially if they were non-violent. Examples include:
- Drug possession (for personal use)
- Some fraud crimes
- Property crimes that are not violent
- Felonies that can be reduced to misdemeanors (called “wobblers”)
3. DUI (Driving Under the Influence)
In many cases, a DUI conviction can be expunged if probation and all requirements are completed. This is very common in California.
4. Drug Offenses
Non-violent drug offenses, such as possession of a controlled substance, are often eligible for expungement.
Crimes That Cannot Be Expunged
Not all crimes qualify. California law does not allow expungement for:
- Serious sex offenses (such as rape or crimes against children)
- Murder or attempted murder
- Crimes with a state prison sentence that cannot be reduced
- Certain violent felonies under California’s “Three Strikes” law
These crimes are considered too serious to be dismissed.
The Role of Probation and Completion of Sentence
To qualify for expungement, you usually must finish probation or your sentence. This means:
- Paying fines and fees
- Completing community service (if ordered)
- Attending required classes (such as DUI school or anger management)
- Not committing new crimes during probation
If you successfully complete everything, your chances of expungement are much higher.
How to Apply for Expungement in California
The process is not automatic—you have to ask the court. The steps usually include:
- Filing a petition – Submitting forms to the court that handled your case.
- Serving documents – Sending a copy to the prosecutor or district attorney.
- Court review – A judge reviews your case. Sometimes a hearing is held.
- Decision – The judge either grants or denies the expungement.
If approved, your record will show that the conviction was dismissed.
Benefits of Expungement
Having your crime expunged can bring many benefits:
- Better job opportunities (you can legally say you were not convicted in most cases).
- Easier time renting a home.
- More respect and confidence in moving forward.
- Possible eligibility for certain professional licenses.
However, expungement does not restore some rights, such as the right to own firearms if they were taken away for certain crimes.
Example 1: Misdemeanor Petty Theft
Imagine someone was arrested for petty theft in San Diego County. They completed probation, paid fines, and stayed out of trouble. This crime is usually eligible for expungement. Once granted, their record will show the charge was dismissed. Many people also seek advice from experienced federal criminal defense lawyers to better understand their options and ensure the process is handled correctly.
Example 2: Felony Drug Possession
A person is convicted of felony drug possession but later has the charge reduced to a misdemeanor. After finishing probation, they may apply for expungement. This allows them to move forward without the felony on their record.
Example 3: Violent Felony
If a person is convicted of a violent felony such as murder, expungement is not possible under California law. In such cases, other legal options, like appeals or clemency, may be the only path.
Why a Lawyer Helps
While some people file expungement petitions on their own, having a California criminal defense lawyer can be very helpful. Lawyers can:
- Check if your crime is eligible
- File paperwork correctly
- Argue your case in court
- Increase your chances of success
Without help, mistakes in paperwork may cause delays or denials.
Expungement and Immigration
For people who are not U.S. citizens, expungement may not erase all immigration consequences. Federal immigration law may still see the conviction. This makes it even more important to get legal advice.
Final Thoughts
So, which crimes can be expunged in California? In simple words, most misdemeanors and some non-violent felonies can be expunged if probation or sentence requirements are completed. Crimes like petty theft, DUIs, vandalism, and drug possession are often eligible. But serious crimes such as murder, rape, and child-related offenses cannot be expunged.
Expungement gives people a second chance. It allows them to move forward, apply for jobs, and rebuild their lives without being held back by past mistakes. If you or someone you know is thinking about expungement in California, staying informed and seeking legal help is the best way to start.