What Types of Crimes Can and Cannot Be Expunged in San Diego, California?

Posted on: January 20th, 2025 by Dod Law

In California, the process of expungement provides people with a second chance by allowing certain crimes to be removed from their criminal records. Having your record clean can stop many problems, such as difficulty finding a job or obtaining housing. However, the legal system is particular about what crimes are allowed to be expunged to prevent abuse in the system.

The criminal defense lawyers at Dod Law can help you through the process of having crimes expunged in California. We’ve helped clients with expungement cases, helping restore their rights and peace of mind. Reach out to us to learn more about expungement to see if you may have a credible argument to have your record cleaned.

What Is Expungement Under California Law?

Expungement in California refers to the legal process of removing certain criminal convictions from your public record. Under California law, when a crime is expunged, the individual can legally state that they have not been convicted of that crime, which can significantly enhance employment opportunities and personal relationships.

It’s important to note that expungement does not erase the crime from law enforcement records; it merely seals it from public view. You cannot have police records altered, nor should you want to, since they can be used in cases where you are unfairly accused or convicted.

The expungement process can vary significantly depending on the nature of the crime. Your eligibility for expungement can be influenced by several factors, including the time that has passed since the conviction, whether you have completed your sentence, and if you have any pending criminal charges.

Crimes Eligible for Expungement in California

In California, specific criteria define which crimes are eligible for expungement. Generally, you can expunge most misdemeanors and certain felonies, provided you have completed your sentence, including probation and any required rehabilitation programs.

Misdemeanors That Can Be Expunged

Many misdemeanors can be expunged under California law, giving individuals the chance to move forward without the burden of a criminal record. Common examples of expungeable misdemeanors include petty theft, drug possession, and public intoxication. To be eligible for expungement, you must have completed your sentence fully, including any probationary periods. This eligibility allows you to maintain a clean slate and improve your overall quality of life.

Felonies That May Be Expunged

While the expungement of felonies is more complex, California law does allow certain felonies to be expunged under specific conditions. Generally, non-violent felonies are more likely to be eligible for expungement than violent offenses. For example, drug-related felonies or theft crimes may qualify, provided you have completed your sentence, including probation.

It’s also important to note that certain felonies may require additional steps before they can be expunged. For instance, if you have served a state prison sentence, you may need to seek a Certificate of Rehabilitation before you can apply for expungement.

Crimes That Cannot Be Expunged in California

Despite the opportunities for expungement, certain crimes remain ineligible under California law. Serious felonies, such as murder, sexual offenses, and other violent crimes, cannot be expunged.

If you have been convicted of a crime and served time in state prison, you may find that expungement is not an option. However, other factors can influence that process on a case-by-case basis.

Specific sex crimes, like those requiring registration as a sex offender, are also excluded from expungement eligibility. This can significantly affect individuals who seek to clear their records and reintegrate into society.

Work With a Lawyer From Dod Law to Manage Your Case

Don’t face criminal charges alone. Give yourself a better chance of beating the charges or getting the best outcome by working with one of our qualified criminal defense attorneys at Dod Law to manage your case. 

At Dod Law, we have the experience and expertise needed to manage your case. Call us at our San Diego office (619) 814-5110 | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.