In California, expungement is the process of clearing your criminal record of past convictions. An expunged conviction is removed from your criminal record, allowing you to legally state you have not been convicted of that crime. However, not all misdemeanor convictions in California are eligible for expungement.
Misdemeanors Not Eligible for Expungement in California
The following misdemeanors cannot be expunged in California:
- Domestic violence misdemeanors
- DUI offenses
- Sex offenses
- Election fraud offenses
Let’s take a closer look at each of these categories of misdemeanors and why they are ineligible for expungement under California law.
Domestic Violence Misdemeanors
In California, domestic violence misdemeanors cannot be expunged from your criminal record. Domestic violence misdemeanors include:
- Penal Code 273.5 PC – Willful infliction of corporal injury on spouse or cohabitant
- Penal Code 243(e) PC – Battery against spouse, cohabitant, or fellow parent
- Penal Code 273a(b) PC – Child endangerment
These offenses involve violence against family or household members, so the state has a strong policy interest in maintaining a record of domestic violence misdemeanors. Victims may need to reference the defendant’s criminal history when seeking restraining orders or asserting their rights in family law court. That is why these misdemeanors are not eligible for expungement in California.
DUI Offenses
Driving under the influence (DUI) offenses also cannot be expunged in California. This includes both misdemeanor and felony DUIs such as:
- First offense misdemeanor DUI
- Second offense misdemeanor DUI
- Third offense misdemeanor DUI
- Felony DUI (fourth offense or more)
DUIs involve operating a vehicle while impaired, putting public safety at risk. Therefore, California maintains DUI convictions on a person’s driving record permanently. DUIs cannot be expunged even if they are eventually reduced to lesser offenses like reckless driving.
Sex Offenses
Sex offense misdemeanors also are ineligible for expungement in California. This includes:
- Penal Code 647(a) PC – Lewd conduct in public
- Penal Code 647(j)(1) PC – Prowling
- Penal Code 314 PC – Indecent exposure
- Penal Code 647.6 PC – Annoying or molesting a minor
Sex offenses require registration under California’s sex offender registry laws. As a result, sex offense misdemeanors cannot be expunged even if they are eventually reduced to infractions. The public interest in monitoring registered sex offenders outweighs the defendant’s interest in expungement.
Election Fraud Offenses
Finally, misdemeanor convictions for election fraud cannot be expunged under California law. Election fraud misdemeanors include:
- Penal Code 18560 PC – Interference with voting
- Penal Code 18561 PC – Corruption of the voting process
- Penal Code 18562 PC – Election fraud
- Penal Code 18563 PC – Election misconduct
These offenses undermine the integrity of the democratic process, so records must be maintained permanently. Expungement is not available for misdemeanor election fraud.
Other Restrictions on Expungement in California
In addition to the misdemeanors listed above, California law places other limits on expungement eligibility. Some key restrictions include:
- Must wait 1-3 years after completing sentence to apply for expungement
- Can only expunge up to two misdemeanor convictions from the same court case
- Felony convictions are only eligible in limited circumstances
- Cannot expunge a misdemeanor conviction that was pled down from a felony
It is also important to note that an expungement does not destroy or erase the record of your conviction. Instead, it releases you from penalties and disabilities of your conviction. The record may still be accessed by law enforcement, state licensing agencies, immigration officials, and civil litigation opponents.
If you are seeking to clean up your criminal record through expungement, it is essential to understand these limitations under California law. Restrictions apply even if a misdemeanor conviction is eventually reduced to an infraction. Consulting an experienced California expungement lawyer is the best way to determine if you are eligible.
Checking Eligibility for Expungement in California
To recap, here are some steps you can take to check if your misdemeanor is eligible for expungement in California:
- Make sure the offense is not on the ineligible list above
- Confirm 1-3 years have passed since completing sentence
- Check if the offense limits other licensing or benefits
- Review your full criminal history for other convictions
- Research any waiting periods that apply
- Determine if felony pleas or convictions disqualify you
This involves pulling your detailed RAP sheet from the California Department of Justice. An expungement lawyer can obtain your RAP sheet and evaluate your eligibility based on your complete criminal record. The lawyer can also advise if you are eligible for a reduction or dismissal that would assist with expungement.
When to Consult an Expungement Lawyer in California
Here are some signs it may be worthwhile to speak to an expungement lawyer in California:
- You are struggling to interpret your RAP sheet
- Your conviction record is extensive
- Your case involved offenses in multiple courts
- You are unsure if a plea will limit expungement
- You want to improve your chances of approval
An experienced lawyer has handled many expungements and understands the necessary steps. For example, the attorney can identify eligible convictions on your record. The lawyer also knows what evidence and references are needed to persuade a judge to grant expungement. This improves your chances of a successful outcome.
Cost of an Expungement Lawyer in California
When researching lawyers to assist with your expungement case, cost is an important consideration. In California, you can expect to pay:
- Simple record review: $200 – $500
- Petition preparation: $1000 – $2000
- Court representation: $1500 – $3000
More complex cases involving multiple convictions will be at the higher end. However, a lawyer may be able to save you money in the long run by evaluating eligibility early. This avoids wasted costs for ineligible petitions. Consider the lawyer’s experience and proven track record with expungements as well.
Conclusion
In summary, several types of misdemeanor convictions are restricted from expungement in California. These include domestic violence, DUI, sex offenses and election fraud. Felony pleas and convictions can also limit eligibility. To pursue expungement, you must carefully review your complete criminal record and confirm you meet the requirements.
Consulting an experienced California expungement lawyer is highly recommended. An attorney can pull your RAP sheet, evaluate your eligibility, and guide you through each step of the expungement process. With proper legal advice, many people are able to successfully clear misdemeanors and other convictions from their record.