Criminal records can affect people’s careers, educational prospects and housing opportunities. They can even influence personal relationships and volunteer opportunities. People with prior criminal convictions on their records are often eager to pursue post-conviction relief.
They may want to expunge their record so that they can pass background checks in the future. Expungement involves the courts approving the retroactive dismissal of a charge. They convert a conviction to a dismissed charge when granted an expungement.
Generally speaking, those convicted in the criminal courts must wait a certain amount of time to be eligible for expungement. How long must a defendant avoid additional charges and convictions to petition the courts for an expungement?
Every case is different
The charges a person faced, as well as the sentence handed down by the courts, can impact how long people must wait to expunge a criminal conviction in California. Some people qualify for immediate expungement under California’s Clean Slate Act. Those who had their cases heard in collaborative justice courts or problem-solving courts might also be eligible for immediate expungement.
For those who don’t qualify immediately, the waiting period could be two or four years. People sentenced to probation can apply for expungement two years after completing their sentences. Those who saw their felony charges dismissed or reduced to misdemeanors may need to wait four years to apply for expungement.
After an expungement, the person can truthfully claim they have no convictions on their record when applying for jobs or housing. Understanding the options for post-conviction relief can make a major difference for those with criminal records. An expungement can open the door to new opportunities after someone has paid their dues to society.