EXPUNGEMENT OF CRIMINAL RECORDS
Who is Eligible?
An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being successfully discharged before the end of his/her probationary period. He or she must not be on probation or serving a sentence for any other offense. (Penal Code § 1203.4)
What are the effects of expungement?
It Will:
1. Result in a new entry in the court record showing the dismissal of the case;
2. Allow you to answer on many, but not all, job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government-issued license, certificate, or permit, or a job which involves a security clearance, the conviction will be discovered; and in such cases, you should disclose the initial conviction and its later expungement;
3. If the conviction was for a felony, expungement is the first step in obtaining a pardon.
It Will Not:
1. Remove the conviction from your "Rap Sheet" - California and FBI criminal history records will still show the conviction and the later dismissal "per PC 1203.4";
2. Reinstate the right to possess firearms (reduction to a misdemeanor may accomplish this if the offense is not one of violence;)
3. Allow you to omit the conviction from applications for government issued licenses;
4. Seal or otherwise remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file (probation reports are in confidential files and are not subject to public inspection 90 days after sentencing;)
5. Prevent the conviction from being used as a "prior" to increase punishment in case of a subsequent conviction;
6. Prevent the conviction from being used for impeachment purposes if you are called as a witness;
7. Prevent the conviction from being considered and used to refuse or revoke government licenses and permits such as real estate sales licenses, teaching credentials, bus drivers licenses, security guard certificates, etc.; however, the expungement may reduce the weight given the conviction by the licensing agency.
8. Prevent the conviction from being used by INS for removal and exclusion purposes.
How is expungement accomplished?
The applicant must complete a Petition for Relief form and submit it to the Superior Court for review and a decision by the court. The Court charges a fee for filing such a Petition. The fee is currently $120 for a felony case and $60 for a misdemeanor case, but the Court will waive the fee in the event the petitioner establishes indigency. The Superior Court’s website contains helpful information about the process and links to necessary forms. Type the word “expungement” in the court website’s “Search” field. Here is the link to the Superior Court’s website.
http://www.sdcourt.ca.gov
The Department of the Public Defender can assist with the expungement process if necessary.
Click below to download or print the Public Defender Reduction and/or Expungement questionnaire in the file format of your choice.
Adobe PDF Version
Microsoft Word Version (97, 2000, XP, 2003)
WordPerfect Version (Choose the "Save" option first and then "Open" the file.)
Complete the questionnaire and return it to:
Department of the Public Defender
Expungement Paralegal
233 "A" Street, Suite 500
San Diego, CA 92101
Office: 619-338-4802
FAX: 619-338-4811
E-mail: John.McPherson@sdcounty.ca.gov
Submit questionnaire electronically if possible
Clients who have computer access are encouraged to submit their questionnaire responses in electronic form by e-mail or e-mail attachment. The exact format of the response is not important – just the answers to the questions.
There are several ways to submit the information electronically. The questions may be copied to the Windows clipboard and then pasted into an e-mail message. The questions could then be answered in the e-mail message itself and the completed message sent to the Public Defender. A second option would be to complete the answers offline in a wordprocessor or text editor such as Microsoft Word, Corel WordPerfect, or Microsoft Notepad. Then either paste both the questions and the answers into an e-mail message or attach the wordprocessing or text file containing both the questions and the answers to the e-mail message.
Here are the Questions for copying & pasting into an e-mail:
Anyone who has difficulty downloading the files above for use in answering the questions or who does not have access to the programs for working with those file formats, may simply choose to highlight and copy the text of the form as shown below to the clipboard and paste the text into an e-mail message for sending to the Public Defender.
REQUEST FOR FELONY REDUCTION TO MISDEMEANOR
AND/OR EXPUNGEMENT
[Only for convictions adjudicated in the County of San Diego]
1. Your Name (at the time of the conviction):
Your Name now (if different from above):
________________________________
2. Daytime Telephone number - between the hours of 8:00 a.m. to 5:00 p.m.
Home: ______________ Work: _______________ Cell: ________________
3. Street Address: __________________________________________________
City, State & Zip _________________________________________________
4. Date of Birth: _______________ Birthplace: ________________________
5. Social Security #: _____________________________
Driver’s License State & #: _________________________________
6. Court case number(s), year and charges of which you were convicted:
_______________________________________________________________
_______________________________________________________________
7. Were you ordered to pay any fines or restitution? YES ______ NO ______
8. Were you ordered to attend any programs/classes, meetings, or perform any public work service or community service?
YES ______ NO ______
9. Are you currently on probation on this case or any other case?
YES ______ NO ______
10. For expungement, please describe below what you have been doing since your conviction date (e.g., Working? Where and what is your position? Attending school? Degree program or trade school? In the military? What branch and rank? Taking care of a family? Etc.).
________________________________________________________________
________________________________________________________________
Also please send us copies of any certificates of achievement or letters of reference or other evidence that you have been doing good things.
ADDITIONAL RESOURCES to assist with the expungement process:
Finding your court case number and filing date
In order to request that an old criminal case be expunged, the client must first know the court case number and the date of the case. This information can usually be located by searching the Superior Court’s “Court Index” on the Internet. Just type the words “Court Index” in the “Search” field on the court’s website. The link to the Superior Court’s webpage is listed below.
http://www.sdcourt.ca.gov
In order to complete the expungement process, all fines and restitution payments must first be paid. Please contact the San Diego County Office of Revenue & Recovery (R&R) to arrange for such payments. The address, phone numbers, and website address for that office are listed below.
San Diego County Office of Revenue & Recovery:
625 Broadway, 2nd Floor
San Diego, CA, 92101
Mail Stop: A-5
Office Hours: Mon - Fri 8:00 a.m. to 5:00 p.m. (PST)
Office Phone: (619) 515-6200
Office Fax: (619) 515-6010
http://www.sdcounty.ca.gov/auditor/orrpage.html
If there is outstanding money still owing on the case (even if probation has been terminated), this money must be paid before the Public Defender will file an expungement motion on behalf of the client. The client can contact R&R directly to find out their balance owed.
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If the outstanding balance is solely for probation costs and/or attorney fees, the client is eligible for expungement, since those are civil debts and not part of the sentence.
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If the client is still on probation, he/she can go to court, ask to have the case placed on the court calendar for a hearing, and ask the judge to delete the fines based on any extenuating circumstances the client may be able to offer. If the court grants the client’s request to delete the remaining fines, the Public Defender can then proceed with the expungement process.
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If the outstanding money owed is direct victim restitution, this must be paid before most judges will ever consider granting either an expungement or a reduction to a misdemeanor.
Outstanding Traffic Tickets
If the client has an outstanding traffic ticket or owes money on a traffic ticket, judges will usually not grant expungement until such matters are cleared up.
Clients still on Probation
If the client is still on probation, but is close to the end of the probationary period and has completed all the terms and conditions of their probation, the Public Defender can file a motion to terminate probation early at the same time as the expungement motion. This approach will only be feasible in certain situations, as it will be necessary to present good cause to the court for terminating probation early.
REDUCTION of FELONY “WOBBLER” to MISDEMEANOR
If the case involves a felony conviction for a charge that could have been charged in the alternative as a misdemeanor, a type of charge sometimes called a “wobbler,” it is also possible to file a motion requesting that the court reduce the case to a misdemeanor pursuant to Penal Code section 17(b) at the same time as the expungement motion. The reduction of a felony conviction to a misdemeanor can potentially offer even greater benefits to a client than the granting of an expungement request, so it is best to seek both remedies if they are available.
California Rehabilitation Center (CRC) Candidates
Any client who has successfully completed the CRC (California Rehabilitation Center) program and their CRC parole, should seriously consider applying for expungement as this is one of the key benefits of choosing to participate in the CRC program rather than serving a prison sentence. A case in which the client served a regular prison sentence is not eligible for expungement, but that client may be eligible for other remedies such as a pardon.
A personal court appearance may be required
The client does not have to personally appear for the court hearing on the expungement motion as long as the necessary court form waiving their personal appearance has been completed and filed with the court pursuant to Penal Code section 977.
Cases currently in WARRANT status
If the case to be considered for expungement or reduction to a misdemeanor is currently at a warrant status for an alleged probation violation, the client needs to speak directly with an expungement attorney at the Public Defender’s Office to discuss the situation so our office can assist in clearing the warrant first and then proceeding with the expungement process.
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