A New California Law Has Expanded Who Is Eligible for Expungement

A new law in California has recently passed that expands who can get their criminal record expunged. Expungement is a legal process where a conviction is essentially dismissed or withdrawn. This means the criminal record can be cleared, which helps remove obstacles for employment, housing, and other opportunities.

Previously, people who served time in state prison were not eligible for expungement in California. But the new law – Senate Bill 731 – gives judges the discretion to grant expungement relief even for some prior felonies where the defendant went to prison. There are still certain exclusions like sex offenses and crimes against children that were specifically left ineligible.

What is Expungement?

Expungement is a form of post-conviction relief authorized by California Penal Code 1203.4. It essentially releases a person from the penalties and disabilities that come with a criminal conviction. An expungement changes the disposition of the case to reflect a dismissal. The court file, California Department of Justice records, and FBI records get updated to show a new “not guilty” plea was entered and the case dismissed.

While expungement does not erase the record fully from public view, it can still be very beneficial. An expungement will show the case was dismissed “in the interests of justice.” This can help with finding jobs, housing, and professional licensing that may have been previously denied solely based on the conviction.

Who Is Eligible for Expungement?

In general, California Penal Code 1203.4 allows expungement relief if the person:

• Successfully completed probation (either felony or misdemeanor)
• Is not currently charged with or serving a sentence for another offense

Previously, being sentenced to state prison would automatically exclude someone from expungement eligibility. But the recent law change now gives judges discretion to grant expungement in some cases even if the person served prison time on a prior felony.

There are still certain felony convictions that are excluded, such as:

• Sex offenses requiring registration
• Crimes against children
• Felony domestic violence

For these convictions, expungement is not available even under the new law. The judge has no discretion to grant relief in those cases if prison time was served.

How Does the Expungement Process Work?

To get an expungement in California, you must file a Petition for Dismissal with the court. This asks the judge to review your conviction record and withdraw your guilty or no contest plea. The petition has to provide information about your history and behavior since the conviction to show you deserve expungement relief.

The district attorney is given an opportunity to object and a hearing may be held to consider any objections. If there are no objections or the judge overrules them, the court will grant the expungement. An order is signed reflecting the case dismissal and change in plea to “not guilty.”

The court clerk, California DOJ, and FBI are notified to update their records. For example, the DOJ maintains state criminal history transcripts that will show the case dismissal. Most employers and landlords rely on background checks through DOJ records to see your criminal history. So the expungement will prevent the conviction from appearing on those reports going forward.

Benefits of Expungement

While expungement has limits, it can still be extremely helpful for people trying to move on with their lives after a conviction. Some of the main benefits include:

• Improved employment opportunities – Many employers won’t hire someone with a criminal record. Expungement prevents the conviction from appearing on background checks, which removes a major obstacle to getting hired.
• Easier access to housing – Landlords often deny rental applications for anyone with a criminal history. Expungement helps prevent automatic denials.
• Ability to obtain professional licenses – Many professional licenses can be denied or revoked due to a conviction. Expungement can help reinstate licensing or prevent denial for new applicants.
• Immigration benefits – A conviction can trigger immigration consequences. Expungement may help prevent deportation or denial of citizenship for eligible applicants.

In addition, expungement can give someone peace of mind to have an old conviction officially dismissed and no longer on your record. This can remove barriers to volunteering, education, travel, and other opportunities that often exclude people with criminal histories.

Limits of Expungement

While expungement offers many benefits, it does have certain limits under California law:

• Doesn’t fully erase conviction – The record will still exist, it just gets marked as dismissed rather than a conviction.
• No restoration of gun rights – An expungement will not restore the right to own firearms restricted by a felony conviction.
• May not affect license suspension – If your conviction resulted in suspension of a professional license, expungement may not automatically reinstate it.
• Sex offender registration remains – Expungement does not relieve the requirement to register as a sex offender if applicable.
• Government agencies may still see record – Some government agencies like law enforcement can still access your full criminal history records despite an expungement.

It’s important to understand expungement does not erase your record completely. But it can still make a big difference in terms of employment, housing, and other opportunities by preventing the conviction from appearing in most background checks.

How Senate Bill 731 Expanded Expungement

The recent passage of Senate Bill 731 in California significantly expanded eligibility for expungement relief. Prior to this law change, anyone who served time in state prison was automatically excluded from expungement – judges had no discretion to grant relief in those cases.

SB 731 now gives judges discretion to grant an expungement for certain felony offenses even if the person went to prison. The only exception is if the conviction was for a sex crime requiring registration or crime against a child. For all other felonies, judges can now consider granting an expungement petition despite prior prison time.

This change will allow many more people with old felony convictions to petition the courts for expungement relief. Even if you have a prior felony with prison time, you may now be eligible depending on the offense and circumstances. Consulting an attorney to review your criminal history is the best way to determine if you qualify.

Why Expungement Matters

A criminal record brings many lifelong barriers affecting employment, housing, education, and more. While expungement does not erase the record fully, it can help remove many of those obstacles and offer improved opportunities.

The recent changes to California law expanding expungement eligibility will allow more people to clear their records. Many individuals with old felony convictions can now petition for expungement despite having served prison time previously.

Being able to dismiss a conviction through expungement can open doors that may have been closed. It prevents employers, landlords, licensing boards, and others from automatically denying applications solely based on a conviction. Expungement offers a chance at a fresh start in life without a criminal record holding you back.

If you have an old conviction, consult an attorney to see if you may be eligible for expungement under the new California law. Clearing your record could make a huge difference in successfully moving forward in your life and career.