How to Expunge Criminal Convictions in California
- 1). Review the information provided by the California Judicial Council regarding expungement procedures to first determine whether or not your conviction can be expunged under California law. The council maintains a website with self-help information regarding expungement law and procedures. The website lists the convictions that cannot be expunged, such as sex with a minor (Penal Code Section 261.5).
- 2). Obtain the court-approved form titled "Petition for Dismissal" (Form No. CR-180) that can be downloaded from the Judicial Council's website. Fill in the form with all your identifying information and check the appropriate boxes that pertain to your conviction, such as whether it was a felony or misdemeanor and whether or not you were put on probation. If you have difficulty preparing the form, check with your local courthouse regarding information on a legal aid service that can provide assistance.
- 3). Review the local rules of your court to determine what special procedures or requirements are necessary to file your petition and have it given a hearing date for review by the court. Many courts, such as the Superior Court in Sonoma County, have the local rules available online. All courts will have a copy of these rules available in the clerk's office. Review information related to criminal law and motion hearings.
- 4). File your completed petition according to the local rules and attend the hearing set by the court. Be prepared to answer any questions from the judge about your conviction and the petition you filed. The judge will most likely rule on the petition at the hearing, but in some cases the judge will want to consider the petition further and you will be notified by mail regarding the result.
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