Expungement is a method for cleaning your criminal record. When you do this, it re-opens your criminal case, dismisses the conviction, and then it re-closes the case without a conviction. So basically, you are no longer convicted of that crime. However, the case record will still exist, and the expungement will continue to appear on your record.

So you decide you want to expunge that old case that is diminishing your criminal report, and then you find out that your record cannot be found because it was “purged!” What does that even mean? In San Diego, in order to make room for new cases, courts have a system where after a certain time period, cases are either microfilmed, sent to off-site storage, or destroyed. When the case file is destroyed, it is no longer available for viewing and no information that the file existed, not even the case number, can be found in the courts’ database. This is a case that has been purged. Now you will have to go through a few extra steps before you can start the expungement process.

Before your attorney can start the expungement, they will need your case information. However, once your court file has been purged, you will need to submit a criminal record request to the Department of Justice (DOJ). ONLY YOU can request them and the DOJ’s report will only be sent directly to you.

This will require you to submit fingerprint images as well as pay a $25 processing fee to the DOJ. For the applicants that still live in California, you will need to fill out and submit the “Live Scan” form #BCIA 8016RR(see link below) on the California website. For people who no longer reside in California, you will need to print out form #BCIA 8075(see link below) and submit a manual fingerprint card. The DOJ’s address, necessary forms, as well as further instructions are posted on the California Government website: http://oag.ca.gov/fingerprints/security

Once you receive your criminal record, then you can begin the expungement process. At that point, contact your attorney of choice for help with filing the expungement.

Keep in mind that not all convictions can be dismissed. Expungement is limited to cases in which the defendant was sentenced to county jail time, probation, a fine, or a combination of those three. Additionally, the Penal Code prohibits certain types of convictions from being dismissed. Most of these exceptions involve serious vehicle code violations or sexual offenses against minors.

Also keep in mind that if you are still on probation, you would first have to file a petition to terminate probation. If that petition is granted, then you can file to get the conviction expunged.

However, if you find yourself eligible to get your convictions expunged, this could be beneficial to you, especially if you are looking for work. In California, employers cannot ask about any arrests that did not end in convictions.

The Law Office of William Daley is extremely well versed in the expungement and probation termination process. Feel free to call our office for a free 30 minute consultation at 619-238-1905.