What Does Expungement Mean in California?

Most people who seek or apply for “expungement” in California mistakenly believe that their criminal record is going to completely disappear. But expungement doesn’t work that way.

When you get an expungement in California under Penal Code 1203.4, the court allows you to withdraw your no contest or guilty plea and dismisses the case. Legally, you’re allowed to say you were not convicted of that crime for most purposes.

That means on most job applications, housing applications, and professional license applications, you can truthfully answer “no” when asked if you’ve been convicted of a crime. There are exceptions, of course, for many different types of government and other types of jobs that require security clearances.

Does California Expungement Erase Your Criminal Record?

But many people don’t realize that expungement does not erase your record.

What happens is the conviction changes status from “convicted” to “dismissed.” Anyone who pulls your criminal record can still see the arrest, the charges, and that the case was dismissed pursuant to Penal Code 1203.4.

What Are the Benefits of Expungement in California?

There are three benefits to getting an “expungement.”

Employment. Most private employers in California cannot legally discriminate against you based on an expunged conviction. Depending on your employer and the exact question asked, you can answer “no” when asked if you’ve been convicted of a crime on a job application.

Professional licenses. Many California licensing boards will treat expunged convictions differently than actual convictions. Some may not consider them at all, while others will give them significantly less weight. It depends on the specific board and conviction, but having an expungement generally improves your chances.

Housing. With an expungement, you can answer “no” to conviction questions, and many landlords won’t hold the dismissed case against you the way they would an actual conviction.

Does Expungement Restore Your Gun Rights?

Expungements are not without limitations.

Expungement does not restore your gun rights. If you lost your right to own or possess firearms due to a felony conviction or certain misdemeanor convictions like domestic violence, expungement does not restore that right.

A different legal process is required to restore gun rights, and in many cases under California and federal law, it’s not possible at all.

Does California Expungement Remove Immigration Consequences?

Another limitation is immigration.

If you’re not a U.S. citizen, expungement does not erase the conviction for immigration purposes. You need to consult an immigration attorney, but generally U.S. immigration law does not recognize California expungements.

If you have a deportable offense, that offense can still be deportable even after expungement. If you’re applying for citizenship, a visa, a green card, or any immigration benefit, you still have to disclose the conviction, and immigration authorities may still consider it.

Expungement generally provides no protection in immigration proceedings.

Can an Expunged Conviction Be Used Against You in the Future?

The third limitation is future consequences.

Expungement does not prevent the conviction from being used as a prior if you’re charged with a new crime in the future. If you’re arrested and charged with a new offense, your expunged conviction can still be used for sentencing purposes.

For example, it can count as a prior strike under California’s Three Strikes law. It can be used to enhance your sentence.

For purposes of future criminal cases, expunged convictions still exist and still matter.

Is California Expungement the Right Solution for Your Criminal Record?

Expungement is undoubtedly a powerful tool in California, but it’s one tool among many for dealing with criminal records.

Understanding this legal process and whether this is the right solution for your situation requires legal guidance. If you have a criminal conviction in California and you’re wondering whether expungement is right for you, call Knight Law at 408-877-6177 for a consultation.