Record Sealing vs. Expungement in Sacramento

Getting arrested or convicted of a crime can have lifelong consequences. Even after serving your sentence, a criminal record can make it harder to get a job, rent an apartment, or get approved for loans. In Sacramento, there are two main ways to clear your criminal record – record sealing and expungement. Understanding the differences between these two options can help you get your record cleared.

What is Expungement?

Expungement completely destroys, erases, or seals your criminal record[1]. An expunged conviction does not show up on background checks or public records.

California does not have an automatic record expungement process. To get a record expunged in Sacramento, you must file a petition with the court asking a judge to grant expungement relief[1]. The eligibility requirements are similar to record sealing.

The main difference is that expungement fully destroys the record while sealing just sets it aside. Expungements are harder to obtain in California. Most cases end up being dismissed rather than expunged[1].

The Record Sealing and Expungement Process in Sacramento

If you want to have your record sealed or expunged in Sacramento, here are the steps:

1. Determine your eligibility – Make sure your conviction qualifies based on type and completion of sentence.
2. Obtain records – Get the case number, conviction code, date, and description from your criminal record.
3. File a petition – Fill out the proper court forms and file them with the Sacramento Superior Court.
4. Attend a hearing – For felonies and some misdemeanors, you must attend a court hearing.
5. Serve the District Attorney – Provide notice to the DA’s office so they can review your petition.
6. Wait for a decision – If granted, you’ll receive a certified copy showing the case was dismissed and sealed.

Completing this process can be complicated, so working with an attorney is highly recommended. Public defenders also provide record clearing services in Sacramento[4].

Finding Jobs With a Criminal Record in Sacramento

Even if you get your record sealed or expunged, many employers will still be reluctant to hire someone with a record. However, there are resources in Sacramento to help you find employment:

• Sacramento Works Job Centers – Get job search assistance, vocational training, and access to the Back to Work program.
• Root & Rebound – This nonprofit provides re-entry legal resources and help with employment.
• California Department of Corrections and Rehabilitation – Offers rehabilitation programs and job placement.
• Getting Out and Staying Out – This organization specifically helps formerly incarcerated individuals find jobs.
• Homeboy Industries – Provides job training and placement for former gang members.

Having your criminal record cleared can open up more opportunities. But additional support services can further help your re-entry and job search.

Conclusion

Navigating life with a criminal record can be a major challenge in Sacramento and throughout California. Understanding the differences between record sealing and expungement is an important first step. Recent law changes have expanded access to both forms of record relief. Consulting with an attorney to file a petition can help you clear your record and move forward. Additional re-entry programs also provide vital career support. With the right resources and legal remedies, a past mistake doesn’t have to dictate your future.

References

1. https://www.saccourt.ca.gov/civil/self-help-services/expungement.aspx
2. https://www.kqed.org/news/11955206/millions-of-criminal-records-erased-after-landmark-california-law-takes-effect
3. https://www.nytimes.com/2022/11/28/us/california-criminal-record-law.html
4. https://publicdefender.saccounty.net/Pages/ClearingaCriminalRecord.aspx
5. https://www.vox.com/policy-and-politics/23340644/clean-slate-automated-criminal-record-clearing-felonies-california
6. https://www.kcra.com/article/california-advances-broadest-law-sealing-criminal-records/40933904