What Felonies Cannot Be Expunged
Under Penal Code 1203.4 PC, defendants who have been convicted of misdemeanor or felony offenses and who have successfully completed the terms of their probation or parole can have their records expunged. Please note, though, that if time in a state prison was served as part of their sentence, then expungement is not possible. When an expungement is granted to an offender, this means he or she no longer have to identify themselves as a felon, nor do they have to put on employment applications that they have been convicted of a felony. Instead, it is as if the felony conviction never occurred.
Who is not eligible for expungement in California?
One of the best ways to determine if you are eligible for an expungement of your felony offenses is by first understanding who is not eligible. If you are currently serving time for a felony offense, you will not be able to have it expunged. Even if you are on probation for the offense, you cannot have it expunged. Being charged with any type of criminal offense will keep you from going through the expungement process. There are also certain sex crimes involving children that cannot be expunged.
What Crimes Can be Expunged in Los Angeles
You are entitled to have your criminal record expunged if you meet the following criteria:
- You have successfully completed the terms of your probation or parole and you have received any further criminal charges.
- The entirety of your probation or parole terms must be completed, and if you are completing your probation early, you must have documentation outlining the early termination of your probation.
To qualify for the successful completion of your probation, you must attend all court appearances, not commit any new crimes, pay all fines and restitution, complete any recommended counseling programs, and perform all required community service.
Crimes that cannot be expunged
As stated above, there are some crimes that cannot be expunged from your record. This means that regardless of whether or not you successfully completed the terms of your probation or parole, you cannot have the charges and convictions removed from your record and that you will always be considered a felon. The following are crimes that cannot be expunged from a person’s record:
- Penal Code 286(c) PC California’s law against sodomy with a child,
- Penal Code 288 PC California’s lewd acts with a child law,
- Penal Code 288a (c) PC California’s law against oral copulation with a child, and
- Penal Code 261.5(d) PC California’s statutory rape law, which prohibits sexual intercourse between persons who are 21 years and older and persons younger than 16.
Contact Our Los Angeles Criminal Law Firm Today
A certain amount of time must pass after your probation or parole has ended before you can petition the court to expunge your record. It is during this period of time, however, that you can prepare for your expungement by collecting all necessary paperwork and making sure you do not commit any further criminal offenses. You will also want to contact a criminal law firm to speak with a Los Angeles Criminal defense attorney about the exact steps you must follow to have your record expunged. A expungement lawyer can explain to you which crimes can be expunged in Los Angeles and which ones cannot. The Hurwitz Law Group, Inc helps patients with the expungement process; contact our office today for a free consultation.