What is an expungement?
When attempting to find out if you qualify for expungement of your criminal records, call us at the Law Office of Wais Azami in Garden Grove. We provide expungement services for Orange County, Inland Empire, and Los Angeles County residents. Please read the following to help understand whether you qualify for an expungement of your criminal record.
You must understand that if your petition is granted under Penal Code 1203.4, your case is not sealed. Your criminal record is not actually “expunged” under this statute. That term implies complete erasure as if there was no such case. A better proper term is “dismissal.” The conviction remains on your record for many purposes such as law enforcement jobs, sex offender registration, and immigration and naturalization. What the statute provides is, except as elsewhere stated, the defendant is released from all penalties and disabilities resulting from the offense’. There are various limitations to this relief.
An adult who was granted probation, met all the terms of probation, and is no longer on probation, is eligible for relief under this statute. He or she must not be on probation or serving a sentence, for any other offense, anywhere (Penal Code § 1203.4).
If you were denied probation, you can still obtain an expungement. You still cannot be on probation or serving a sentence for any other case. People must wait for one year after their conviction before applying for expungement (Penal Code§1203.4a).
If your criminal case was reduced to an infraction, you are eligible for an expungement under Penal Code section 1203.4a.
What can an expungement do exactly?
It will not:
Certificate of Rehabilitation
A Certificate of Rehabilitation (“COR”) is a California court-order declaring that a person previously convicted of a felony (or misdemeanor sex offense) is now rehabilitated. The purpose of the COR is to restore civil and political rights of citizenship to ex-felons who have proved their rehabilitation.
It will not:
People who have been convicted of a crime in California may apply to the Governor for a gubernatorial pardon. A gubernatorial pardon is an honor that could be granted to people who have demonstrated exemplary behavior following their convictions. A pardon will only be granted if it’s earned. Pardons are very rarely given.
Generally, the first step in applying for a pardon is to obtain a Certificate of Rehabilitation from the Superior Court in the county where the applicant currently lives. People who live outside of California and people who are ineligible for a Certificate of Rehabilitation must use the Application for Gubernatorial Pardon. The procedure used will depend on the circumstances of each applicant.
It will not: