Many people believe that once you have a felony conviction on your record, there’s no way to remove it. However, that is not always the case. California law provides several legal avenues for individuals seeking to clear or reduce the impact of a felony conviction.
If you want to move forward with your life, understanding your options is the first step. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
Expungement: A Fresh Start for Eligible Felonies
Expungement is one of the most common ways to clear a criminal record. Under California Penal Code 1203.4, an individual who has successfully completed probation may petition the court for expungement. If granted, the conviction is dismissed, and you are no longer required to disclose it in most job applications.
Who Qualifies for Expungement?
- You must have completed probation successfully.
- You must not have any pending criminal charges.
- Your felony conviction must not have resulted in a prison sentence (jail sentences under realignment may still qualify).
Expungement does not erase a conviction entirely, but it removes many barriers related to employment and housing.
Reducing a Felony to a Misdemeanor
Some felony convictions can be reduced to misdemeanors under California Penal Code 17(b). This is only available for “wobbler” offenses—crimes that can be charged as either a felony or a misdemeanor.
Benefits of Reducing a Felony:
- Restores certain civil rights, such as firearm possession (in some cases).
- Improves job opportunities by reducing the severity of the conviction.
- Increases eligibility for expungement.
Record Sealing for Certain Offenses
While expungement and felony reduction apply to convictions, record sealing is an option for individuals who were arrested but never convicted. Under California law, if you were arrested but not charged, had charges dismissed, or were found not guilty, you may petition to have your record sealed.
Advantages of Record Sealing:
- Employers and landlords cannot see sealed records in background checks.
- The arrest record is treated as though it never occurred.
- Provides peace of mind when applying for jobs or professional licenses.
The Role of a Criminal Defense Attorney in Clearing Your Record
Expungement and record clearing can be complex legal processes. An experienced criminal defense attorney can:
- Determine if you qualify for expungement, record sealing, or felony reduction.
- File necessary petitions and represent you in court.
- Help you regain employment, housing, and other opportunities.
If you have a felony conviction and want to explore your legal options, don’t assume there’s nothing you can do. Contact Simmons Wagner, LLP at (949) 439-5857 to discuss your case and take the next step toward clearing your record.