Post-Conviction Relief: Expungement and Sealing Criminal Records
A criminal conviction can impact nearly every aspect of your life, from housing and employment opportunities to immigration status and personal relationships. Fortunately, California provides various forms of post-conviction relief that offer a path to reduce or eliminate these burdens. If you're looking to clear your record for work, address past mistakes, or resolve immigration issues related to a conviction, it is important to understand the legal options available to you.
Understanding Post-Conviction Relief
Post-conviction relief refers to the legal avenues available after a criminal conviction to reduce its ongoing consequences. These remedies can include expunging a conviction, sealing an arrest record, modifying sentences, or withdrawing a plea. Each option is designed to meet specific needs, whether you want to restore civil rights, pass background checks, or avoid restrictions on jobs, housing, or immigration.
The Benefits of Post-Conviction Relief
Obtaining post-conviction relief can substantially improve your quality of life by opening doors that would otherwise remain closed. For example, a cleared criminal record can eliminate barriers to employment or enable you to qualify for housing and education opportunities. Many people also seek relief to regain eligibility for professional licenses, allowing them to pursue their desired careers.
The benefits extend to immigration as well. Non-citizens convicted of certain crimes face challenges like removal proceedings or the denial of visa or citizenship applications. However, legal remedies such as plea withdrawals or conviction dismissals can mitigate these immigration consequences, allowing residents to remain in the country or pursue permanent legal status. Beyond practical benefits, post-conviction relief provides emotional and mental relief, helping individuals close the chapter on their past.
Expungement Under Penal Code 1203.4
Expungement, also known as dismissal under Penal Code 1203.4, remains one of the most widely pursued forms of post-conviction relief. This process allows individuals to withdraw a guilty or no-contest plea, after which the case is dismissed by the court. A successful expungement ensures that individuals can legally state they have not been convicted of a crime in most contexts.
While the benefits of expungement are significant, it’s important to understand its limitations. Expungement does not erase records related to jail time, parole, or DMV history. However, it removes the conviction from public criminal background checks, making it easier to pass applications for housing and employment. For those whose cases involve felonies, petitions to reduce the charge to a misdemeanor may be filed in conjunction with the expungement process. This can restore certain rights, such as firearm ownership under specific conditions.
The expungement process in California requires completing probation, avoiding further legal trouble, and fulfilling all court-appointed obligations. Judges retain the discretion to grant or deny these petitions, so ensuring your paperwork is accurate and supported by strong legal arguments is crucial. A knowledgeable attorney can make all the difference in presenting a compelling case for expungement.
Sealing Arrest Records
Individuals who were arrested but never convicted may seek to seal their arrest records, ensuring they do not appear during routine background checks. Arrest record sealing is governed by California Penal Code section 851.8 and requires proof that no charges were filed, the case was dismissed, or there was factual innocence. By sealing these records, individuals can effectively erase the arrest from public view, protecting their reputation and future opportunities.
Sealing Juvenile Records
Similar relief is available for juvenile records, which do not automatically vanish when a person turns 18. To seal juvenile records, a petition must be filed and approved, ensuring that offenses committed during youth do not follow individuals into adulthood. Sealed juvenile records cannot be accessed by employers, landlords, or educational institutions, allowing individuals to move forward without the stigma of juvenile mistakes.
Military Relief Under Penal Code Section 1170.91
California takes special measures to acknowledge the unique circumstances of veterans affected by criminal convictions. Under Penal Code 1170.91, courts may reevaluate the sentencing of veterans if their criminal behavior is linked to mental health conditions such as PTSD, substance abuse, or trauma experienced during military service. This process allows for reduced sentences or even alternative programs that better address the underlying issues behind the conviction.
This law reflects California’s commitment to supporting veterans and ensuring they are treated with fairness and understanding in the criminal justice system. Veterans seeking relief under PC 1170.91 can benefit greatly from experienced representation to assemble the evidence needed to demonstrate service-related challenges.
Withdrawal of Pleas for Immigration Reasons
For non-citizens, a criminal conviction can be life-altering, leading to deportation, inadmissibility, or exclusion from naturalization. Fortunately, California law allows individuals to withdraw guilty or no-contest pleas if they were not adequately informed of the immigration consequences of their decision. Penal Code 1473.7 enables individuals to challenge pleas that were made without proper immigration advisement, while Penal Code 1016.5 may also offer relief when courts fail to provide required warnings.
Successfully withdrawing a plea is a technical process that requires demonstrating prejudice—that is, proving that you would not have entered the plea had you been aware of the immigration risks. This remedy is a vital tool for non-citizens seeking to avoid deportation and rebuild their lives in the United States.
Certificate of Rehabilitation
A Certificate of Rehabilitation is a legal acknowledgment of your efforts to rebuild your life after a criminal conviction. This court-issued document serves as a formal statement that you have successfully reintegrated into society and are unlikely to reoffend. It can benefit individuals by restoring certain rights, such as the ability to serve on a jury, and by functioning as an automatic application for a governor’s pardon in California.
To qualify, you generally need to complete your sentence, show good conduct for a specified period, and meet residency requirements. While the process can be complex, obtaining a Certificate of Rehabilitation can open doors to employment opportunities.
Pardons
A pardon, granted by the governor of California, is a more comprehensive form of relief for individuals with a criminal record. It does not erase the conviction but officially forgives the offense, providing significant benefits such as restoring certain civil rights, like voting and firearm ownership, and removing some barriers to licensing or employment.
While pardons are often granted to those who have already obtained a Certificate of Rehabilitation, individuals can also apply directly in some cases. The process requires demonstrating rehabilitation, good character, and a meaningful contribution to society. A pardon signifies a powerful endorsement of your reform and can be a crucial step toward moving beyond your past.
