How Do I Get Criminal Cases Sealed or Expunged in California?
- 1). Get a copy of your criminal record. The forms filed in court to seek an expungement require highly detailed information. Such information may be difficult to remember, especially for crimes that were committed many years earlier. Some of the necessary information includes court dates, court location, statute numbers for the crimes committed, the verdict or plea, the sentence and where the punishment was served. A criminal record can be obtained at the following address:
California State Department of Justice
4949 Broadway
First Floor Fingerprinting Office
Sacramento, California 94244
(916) 227-3400 - 2). Complete and file the form Petition for Expungement, also called a Petition for Dismissal. The form is sometimes referred to as a 1203.4 petition, referencing the statute explaining expungement. However, if the crime was a felony, you may need to file a Petition for Certificate of Rehabilitation and Pardon. Another option is to use the petition to have the felony reduced to a misdemeanor. The form should be filed with the Clerk of the Superior Court in the county where you were convicted. A separate form for each conviction is required. Filing fees can be expensive when several convictions are at issue. However, fee waivers are available, and a petitioner can ask the Superior Court in the county where he was convicted for a fee waiver form for each petition he is filing.
- 3). Attend a hearing. A judge may or may not require a hearing, and the decision will largely depend on whether the prosecutor contests the petition. If a hearing is required, you must attend. If the petition is denied, follow up with the Clerk of the Superior Court in the county where you were convicted to see why the petition was denied and if there is anything you can do to remedy the problem.
- 4). Double-check your criminal record. After the judge orders your record expunged, allow time for records to update, possibly as long as 60 days. Then, get a new copy of your criminal record to see how the information has changed and whether additional petitions or follow-up are necessary.
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