In the state of California, you must comply with certain requirements if you wish to have your criminal record expunged. California Penal Code §1203.4 states that you may be eligible for expungement if:
- You have completed your term of probation successfully
- You are not currently under a probation term, charged with a crime, or serving a sentence
The only exception to this rule is if your probation was terminated early. If for any reason you were sent to prison as a penalty for your original charges or a consequence of a probation violation, you may not qualify for expungement. When it discusses completing a probationary period successfully, it means the following:
- No new crimes were committed while under probation
- Every court appearance was attended by either you or an attorney representative
- All terms of the probation were kept including paying fines, attending certain courses, etc.
Those who do not strictly comply with their probation must attend a special court hearing if they wish to have their record cleared. It is completely up to the court and their understanding of your character and actions to determine the outcome of your expungement. They will look at:
- Your history of offenses
- General performance even aside from criminal activity
- Severity of your original conviction
- Other important evidence retained from looking at your work, home, and family life
Certain individuals are not eligible at all for expungement. That includes those who have committed sex crimes with children as stated under the Penal Code 288. This includes sodomy, oral copulation, sexual intercourse with a minor under 16 years of age, and any other type of lewd action.
