What Does an Expungement Do According to California Law? The Facts You Need to Know

If you have a criminal conviction on your record, you’ve likely heard the term “expungement” and wondered if it could help you move forward with your life. Many Californians with past convictions hope that expungement will completely erase their criminal history, giving them a truly clean slate. But what does expungement actually do under California law?

The reality of expungement in California might surprise you – it’s both more limited and more powerful than many people realize.

What is an Expungement in California?

Contrary to popular belief, an expungement in California doesn’t completely erase or delete your criminal record. Instead, under California Penal Code Section 1203.4, an expungement:

• Vacates (sets aside) your previous conviction
• Enters a dismissal on your record in place of the conviction
• Releases you from many of the penalties and disabilities resulting from the conviction

This means that after an expungement, your record will still show that you were charged with a crime, but it will also show that the case was dismissed. While this isn’t a complete erasure of your record, this dismissal notation makes a significant difference in many areas of your life.

What an Expungement Does for Employment Opportunities

One of the most powerful benefits of expungement relates to employment:

Protection During Job Applications

When you’ve had a conviction expunged:

• Employers cannot legally use the fact that you were charged with a crime (which was later dismissed) as the sole reason to deny you employment
• If you were otherwise qualified for a position, the employer would need to provide other job-related reasons for not hiring you
• You gain legal protection against discrimination based solely on your expunged record

Answering Questions About Criminal History

After obtaining an expungement, when employers ask if you have a criminal conviction, you can legally answer “No” in most private employment situations. This is one of the most significant benefits of expungement – the ability to truthfully state that you do not have a conviction.

How Expungement Helps with Housing and Education

The benefits of expungement extend beyond employment to other critical areas:

Housing Benefits

When applying for housing, an expungement allows you to:

• Answer “No” to questions about criminal convictions on rental applications
• Have greater protection against housing discrimination
• Present a stronger application to potential landlords

Even if a landlord conducts a background check, they will see that your case was dismissed rather than seeing an active conviction.

Educational Opportunities

Expungement can also open doors to education by:

• Allowing you to answer “No” to conviction questions on college applications
• Making you eligible for certain financial aid programs
• Removing barriers to admission for certain educational programs

For many people, this educational benefit is life-changing, allowing them to pursue degrees or certifications previously out of reach due to their criminal record.

Limitations of Expungement in California

While expungement offers many benefits, it’s important to understand its limitations:

Gun Rights Are Not Automatically Restored

One of the most significant limitations is that expungement does not automatically restore your gun rights in California. If you lost your right to possess firearms due to a conviction, obtaining an expungement under Penal Code 1203.4 will not reinstate those rights.

If restoring your gun rights is important to you, you’ll need to explore other legal remedies, such as:

• A governor’s pardon
• Reducing certain felonies to misdemeanors (when applicable)
• Certificate of rehabilitation
• Other specialized legal procedures

Mandatory Disclosure Requirements

Even with an expungement, you must still disclose your conviction in certain specific situations:

1. State Licensing Applications: If you’re applying for professional licensing with a state agency (such as contractor work, social work, nursing, etc.), you must disclose your expunged conviction
2. California State Lottery Commission: Applications for the lottery commission require disclosure of expunged convictions
3. Public Office: When running for any public office, you must disclose expunged convictions

These exceptions are limited, however, and in most other contexts, you can legally treat the conviction as if it never occurred.

What Expungement Cannot Do

To fully understand expungement, it’s important to know what it cannot do:

• It cannot completely remove the record of your arrest or charge
• It does not seal or destroy your criminal record from view
• It doesn’t prevent your expunged conviction from being used to enhance future charges if you reoffend
• It cannot restore professional licenses that were revoked due to your conviction (though it may help in reapplying)
• It doesn’t automatically clear DMV records for DUI convictions
• It cannot prevent deportation or other immigration consequences
• It doesn’t eliminate sex offender registration requirements (in most cases)

Who Qualifies for Expungement in California?

While this post focuses on what expungement does rather than who qualifies, it’s worth noting that expungement is available to many people with California convictions who:

• Have completed their probation successfully
• Are not currently charged with another offense
• Are not serving a sentence for another offense
• Were convicted of a misdemeanor or felony that didn’t result in state prison time

If you’re wondering whether you qualify for expungement, a criminal defense attorney can review your case and advise you on your eligibility.

The Expungement Process in California

Obtaining an expungement typically involves:

1. Filing a petition with the court where you were convicted
2. Paying the required filing fees (or requesting a fee waiver)
3. Attending a hearing (in some cases)
4. Waiting for the judge’s decision

While it’s possible to pursue expungement on your own, many people choose to work with an attorney to navigate the process effectively and address any complications that arise.

Real-World Impact of Expungement

The practical benefits of expungement can be life-changing:

Career Advancement

An expungement can open doors to promotions, career changes, and professional growth that might otherwise be blocked by a criminal record.

Housing Stability

Many people with criminal records struggle to find quality housing. Expungement reduces this barrier, allowing access to better living situations and more stable housing.

Educational Achievement

By removing obstacles to education, expungement enables people to gain new skills, degrees, and certifications that lead to better employment opportunities.

Peace of Mind

Beyond the practical benefits, many people report significant psychological relief after expungement, knowing they can move forward without their past mistakes continuing to define them.

Common Misconceptions About Expungement

There are several misconceptions about expungement that are worth clarifying:

Misconception: “Expungement completely erases my record.”

Reality: As discussed, expungement doesn’t erase your record but changes the conviction to a dismissal.

Misconception: “No one can ever see my expunged conviction.”

Reality: Certain government agencies and criminal justice entities can still access information about expunged convictions.

Misconception: “Expungement is automatic after a certain time period.”

Reality: You must proactively petition the court for expungement; it doesn’t happen automatically.

Misconception: “I completed probation, so I automatically qualify.”

Reality: Completing probation is just one eligibility requirement; other factors may affect your eligibility.

When to Consider Expungement

You should consider pursuing expungement if:

• You’re seeking new employment or career advancement
• You’re applying for housing
• You’re pursuing education or training programs
• You want to minimize the ongoing impact of a past mistake
• You’re trying to restore your reputation and standing in the community

The sooner you begin the process, the sooner you can benefit from having your conviction dismissed.

Getting Help With Expungement

While expungement doesn’t erase your record completely, it provides significant benefits that can help you move forward after a conviction. The specific advantages – being able to legally answer “No” to conviction questions in most contexts and having your record show a dismissal rather than a conviction – can open doors that might otherwise remain closed.

If you’re considering expungement, working with an experienced attorney can make the process smoother and increase your chances of success. An attorney can:

• Evaluate your eligibility
• Prepare and file all necessary paperwork
• Represent you at hearings
• Address any objections or complications
• Ensure you understand both the benefits and limitations of expungement

At The Nieves Law Firm, we understand the importance of moving beyond past mistakes and building a better future. Our experienced attorneys can guide you through the expungement process and help you take advantage of the significant benefits it offers.

Contact us today for a confidential consultation to discuss your expungement options and take the first step toward putting your conviction behind you.