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Ask the County Law Librarian – Expunging Criminal Records



Q: Several years ago, I was arrested for shoplifting. I haven’t been in trouble since then. Having the conviction on my record is making it hard for me to find a job, though. My friend said I might be able to have the record sealed, since it was a long time ago. Is this possible?

Judith

A: Most likely, yes! California law allows many types of criminal convictions to be “expunged.” This means that the case is reopened, your conviction is dismissed, and the case is closed without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, and the expungement will appear on your background check.

Expungement is an option for most types of offenses in which probation was ordered as part of the sentence (Penal Code 1203.4), most misdemeanors even if probation was not ordered (Penal Code 1203.4a), and some types of felonies (Penal Code 17).

If your conviction qualifies under Penal Code 1203.4, Penal Code 1203.4a, or Penal Code 17, you must have completed all aspects of your sentence prior to applying for expungement. In addition to completing your probation or incarceration, you must have fully paid all fines, fees, and restitution ordered in your case. If you have not finished paying these, or if you are currently the subject of any other criminal proceedings, your request for expungement will be denied.

The expungement process is fairly easy, requiring only two forms: CR-180 and CR-181. You will need a copy of your criminal history or case information to complete the forms. If your conviction was in Sacramento County, you should be able to access all the information you need from the Superior Court Case Index. Instructions for filling out these forms, as well as more information about expungement and a video walking you through the process, are available on the Law Library’s website.

Do you have a question for the County Law Librarian? Just email sacpress@saclaw.org. If your question is selected your answer will appear in next Thursday's column. Even if your question isn't selected, though, I will still respond within two weeks.
 

Coral Henning, Director
@coralh & @saclawlibrarian

www.saclaw.org


 

 
  • If you can get your case expunged is there anyway to have the case kept off of a criminal background check? Is there any other steps you can take to have it sealed or erased or removed like something a lawyer may know of? Blake

  • annette kelmish

    Where do I find the form I need to fill out for the 1203.4a?