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Misdemeanor Expungement in 3 Easy Steps
Expunging a criminal record can provide significant benefits.
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Eligibility and your “RAP” Sheet
B. Check Waiting Periods: Some areas require a waiting period after completing your sentence before you can apply for expungement. Ensure that you meet these time requirements.
C. Obtain Your Criminal Record: Request a copy of your criminal record (your “RAP” Sheet) from the California Department of Justice of the appropriate agency to review what is on your record and ensure that all charges are accurate and complete.
In order to obtain your “RAP” sheet, you need to obtain a live scan fingerprint and send it to the Department of Justice Record Review Unit. Once the live scan and request via form BCIA-8016RR is received by the DOJ, they will mail you a copy or your criminal record.
BCIA 8016RR, Request for Live Scan Service (Record Review or Foreign Adoption)
Additional Eligibility Information Can Be Found on the Court Website:
Record cleaning: Misdemeanors | California Courts | Self Help Guide
California Code, PEN 1203.4.
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Prepare and File the Expungement Petition
B. Complete the Petition “Form CR-180 and CR-181”: Fill out the required expungement forms. These forms are usually available from the court where your case was handled or online through the court’s website. The forms typically require details about your criminal history, personal information, and reasons for seeking expungement.
CR-180 Petition for Dismissal (ca.gov)
CR-181 Order for Dismissal (ca.gov)
If you are seeking to expunge a felony, a formal 17b motion is required.
C. File the Petition and Give Notice to the District Attorney: Submit the completed petition to the court that handled your original case. There may be a filing fee, which varies by jurisdiction. Make sure to follow local procedures for filing and serving the petition on the relevant parties, such as the district attorney’s office.
Filing the Petition can be done electronically or in person. Call the court and speak to the clerk of the criminal department for more information. Many attorney’s have e-filing systems already set up. Speak to the lawyers at Lancelot Law Firm on how to file your Petition!
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Attend a Hearing or Await the Court’s Decision
B. Prepare for the Hearing (Felony): If a court hearing is required, prepare to present your case to the judge. This may involve demonstrating that you meet all eligibility criteria and that expungement is warranted based on your personal history and rehabilitation efforts.
C. Attend the Hearing: Present your case at the hearing. Be prepared to answer any questions the judge may have and provide any additional information or evidence requested.
D. Receive the Court’s Decision: After the hearing, the judge will issue a decision on your petition. If granted, the court will order the expungement of your record, which may involve notifying various agencies to update their records.
E. Notice of the Dismissal Sent to the DOJ: The Court will send Notice by mail to the DOJ, who will update your RAP sheet. The “conviction” will now be reflected as a “dismissal”.
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How an Expungement Can Help You Rebuild Your Life
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Enhanced Employment Opportunities: Many employers conduct background checks, and a criminal record can be a barrier to securing a job. Expungement can help you present yourself as a more competitive candidate, as you won’t have to disclose a criminal record in most job applications.
Easier Licensing and Certification: Certain professions and licenses require background checks. Expunging your record can make it easier to obtain the necessary certifications and licenses for your chosen career.
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Improved Housing Prospects: Landlords often perform background checks, and a criminal record can hinder your chances of renting a home. Expunging your record can make it easier to find housing.
Better Educational Opportunities: Some educational institutions may consider criminal records during the admissions process. Expunging your record can increase your chances of being accepted into programs or schools.
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Restoration of Civil Rights: Depending on the nature of the offense and local laws, expungement can help restore your right to vote, serve on a jury, and own firearms, which might have been restricted due to your criminal record.
Restoration of Relationships: Having a clean record can help mend personal relationships affected by your past criminal behavior, as it can demonstrate your commitment to moving forward and making positive changes.
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Increased Personal Privacy: An expunged record means that the details of your criminal history are not accessible to the public. This helps protect your privacy and allows you to move on without the stigma of a criminal record.
Improved Mental Health: Carrying the burden of a criminal record can be stressful and stigmatizing. Expungement can relieve some of that stress and improve your overall mental well-being by giving you a fresh start.
Overall, expungement can help you rebuild your life by removing legal barriers and improving various aspects of your personal and professional circumstances.
Here are additional sources for Expungements in California
California Expungements – How to Clear Criminal Records (shouselaw.com)
California Expungement and Record Clearing Services (recordgone.com)
California criminal records: Expungement law gives a fresh start – CalMatters
ZipLawyer – Expunge Your Record Today
Clearing Your Record | Superior Court of California – County of San Diego