A criminal record can follow you for years, affecting your ability to find employment, secure housing, and obtain professional licensing. Many people don’t realize that options exist to clear or minimize the impact of their criminal history. Whether you were arrested but never charged or you have a conviction on your record, California law provides pathways to help you move forward. This guide explains the differences between sealing arrest records and expungement, who qualifies, and what these processes can and cannot do for you.
Sealing Arrest Records: Removing Arrests Without Charges
Many people are surprised to learn that even an arrest without charges can show up on background checks. When you apply for certain jobs, professional licenses, or even housing, that arrest record can appear and raise questions. It can be embarrassing and have very real negative impacts on your opportunities, even though you were never convicted of a crime.
California law allows you to petition the court to seal your arrest records so they no longer appear as public record. Once sealed, these records won’t show up in most standard background checks. This can be particularly important for individuals seeking employment in fields that require FBI background checks or professional licensing.
The process involves filing a petition with the court and demonstrating that you were arrested but not charged, or that the charges were dismissed. An attorney can help you navigate this process and ensure your petition is properly prepared to give you the best chance of success.
Expungement: Clearing Criminal Convictions
While sealing arrest records addresses situations where you weren’t convicted, expungement deals with actual criminal convictions. Expungement allows you to petition the court to dismiss your conviction, effectively clearing it from your public record.
For misdemeanor convictions, the expungement process is relatively straightforward. You apply with the court, appear before a judge, and explain why you’re seeking expungement. Most judges will grant an expungement after you’ve successfully completed probation and allowed some time to pass since your conviction. This gives individuals who have demonstrated rehabilitation the opportunity to move forward without their past mistakes continuing to hold them back.
Felony convictions are more complicated. Not all felonies can be expunged directly. For a felony to be expunged, it must first be reduced to a misdemeanor. This means you need to petition the court for a reduction first, and only after the felony has been successfully reduced to a misdemeanor can you then petition for expungement.
It’s important to understand that many felonies are not eligible for reduction. Most violent felonies cannot be reduced to misdemeanors and therefore cannot be expunged through this process. For felonies that cannot be reduced, the only option to clear them from your record is to apply for a pardon from the governor, which is a much more difficult and lengthy process.
The Life-Changing Impact of Clearing Your Record
The impact of a criminal conviction on your daily life cannot be overstated. A criminal record can make it extremely difficult to find employment, as many employers conduct background checks and may be hesitant to hire someone with a conviction. Professional licensing boards also review criminal histories, which can prevent you from pursuing careers in healthcare, education, law, finance, and many other fields.
Even finding a place to live can become challenging. Landlords routinely run background checks on prospective tenants, and a criminal conviction can result in denied applications. This creates a cycle where people who have paid their debt to society continue to face barriers that make it difficult to rebuild their lives.
By expunging your record and removing convictions from public record and background checks, you can greatly improve your prospects in employment, housing, and professional licensing. It’s an investment in your future that can open doors that have been closed for years.
What Expungement Does NOT Do
A common misconception about expungement is that it completely erases all records of your conviction. This is not entirely accurate, and it’s important to have realistic expectations about what expungement can accomplish.
After an expungement, your record will show that you were convicted, that the conviction was reduced to a misdemeanor (if applicable), and that the misdemeanor was expunged. While this information is removed from most public records and standard background checks, it doesn’t disappear entirely.
Law enforcement agencies can still see your full history. Anytime you’re arrested or police run your record, they can access information about your prior convictions and expungements. Similarly, the FBI maintains comprehensive records, and individuals with high enough security clearance can always see that you were arrested and convicted.
Additionally, certain consequences of your conviction remain even after expungement. Gun restrictions that resulted from your conviction will still apply. If your conviction required you to register as a drug offender or sex offender, those registration requirements continue regardless of whether your case has been expunged.
Take the First Step Toward a Fresh Start
Clearing your criminal record is a significant step toward reclaiming your future. Whether you need to seal an arrest record or pursue expungement of a conviction, understanding your options is the first step. The process involves navigating court procedures, filing proper petitions, and presenting your case effectively to a judge.
If you have a criminal record that’s holding you back in Riverside or the Inland Empire, Earl Carter Criminal Defense can help you understand your options and guide you through the expungement process.
