Clearing your criminal record opens doors to better job opportunities, housing, and peace of mind. In California, expungement allows individuals to dismiss certain convictions from their record. However, not all offenses qualify. Understanding the eligibility criteria helps you determine whether you can move forward with expungement.
Misdemeanors that qualify for expungement
Most misdemeanor offenses in California qualify for expungement if you meet specific requirements. Crimes such as petty theft, simple assault, DUI (in some cases), and drug possession generally qualify. To qualify, you must complete probation successfully and not have any pending charges. If you violated probation, the court may still grant expungement based on your overall compliance and behavior.
Felonies that qualify for expungement
Some felony convictions qualify for expungement, but limitations exist. If the felony was a “wobbler” offense—one that could have been charged as a misdemeanor—the court may reduce it to a misdemeanor before expungement. Crimes such as grand theft, fraud, and certain drug-related offenses may qualify.
Offenses that do not qualify for expungement
Certain crimes do not qualify for expungement under California law. Convictions that require registration as a sex offender, serious violent crimes like murder or kidnapping, and offenses leading to state prison sentences remain ineligible. Additionally, if you remain on probation or face new charges, you must resolve those matters before qualifying for expungement.
Taking the next steps
If your offense qualifies for expungement, you must file a petition with the court. The process involves submitting legal documents and possibly attending a hearing. If the court grants your request, your conviction gets dismissed, allowing you to legally state that you have not been convicted of a crime in most situations.