In California, a felony conviction generally remains on your criminal record forever unless you take specific legal steps to have it removed. Certain felony convictions can get expunged or pardoned.
If you have been charged with a felony, an experienced criminal defense lawyer in Los Angeles will evaluate all your options to reduce the impact of a felony conviction on your future.
A Felony Remains on Your California Criminal Record Until Removed
In California, a felony conviction generally remains on your criminal record permanently, even after you have served your sentence and completed probation. This means that the conviction will continue to show up on background checks and can have long-lasting consequences for future employment, housing, and other opportunities.
A felony is a serious criminal offense that carries severe penalties, including imprisonment in state prison and heavy fines. Felonies encompass a wide range of crimes, from violent offenses such as murder to serious non-violent crimes like certain sex offenses. Since the legal process for felonies is more complex and rigorous, you need to work with a criminal defense attorney.
For a free legal consultation, call (310) 896-2723
How to Remove a Felony From Your Record
The only way to remove a felony from a California criminal record is through expungement, in which the conviction is legally sealed, or through receiving a governor’s pardon. However, expungement is not automatic and has specific eligibility requirements, while a pardon is rare and at the governor’s discretion.
Expungement
In California, the expungement of a felony conviction is a legal process that allows individuals to have their criminal record updated to reflect a dismissal of the felony charge. While expungement does not completely erase the conviction, it provides a legal remedy to help mitigate the negative effects of a criminal record.
You are eligible to file for an expungement if you:
- Did not serve any time in state prison for your offense.
- Have completed all the penalties and conditions of your sentence, including probation (though you may request early termination of probation as part of the process).
- Are not currently facing charges or serving a sentence for any other criminal offenses.
- Have not committed any probation violations (though you might still qualify even if you have).
The process of expunging a felony conviction involves filing a petition with the court. This petition requests that the court dismiss the conviction and close the case. If the petition is granted, the conviction is legally sealed from the individual’s criminal record.
Typically, completing an expungement case in California takes several months. However, this timeframe begins after you are eligible to request an expungement, which can only happen once you have fully completed your probation. An attorney can tell you more after the general timeframe of an expungement case after reviewing your situation.
Certificate of Rehabilitation and Pardon
Certificate of Rehabilitation is a court-issued document declaring that you have successfully rehabilitated after your crime. It signifies that you are no longer considered a threat to society and can be accepted as a law-abiding citizen. Essentially, it is the court’s formal acknowledgment that you have moved beyond your past offenses.
This serves as a valuable alternative if expungement is not an option for you. Unlike expungement, which dismisses a conviction from your record, a Certificate of Rehabilitation does not remove the conviction but signals to the court and potential employers that you have turned your life around.
The certificate can also serve as an application for a gubernatorial pardon, potentially restoring certain rights lost due to the felony conviction. It’s particularly useful for those who served time in state prison or whose offenses are not eligible for expungement, providing a pathway to improved social and professional opportunities.
Background Checks and Employment
In California, background checks play a crucial role in the employment process, but state laws provide significant protections for job applicants with criminal records. The Fair Chance Act, also known as the “Ban the Box” law, prohibits employers with five or more employees from asking about an applicant’s criminal history on job applications.
Employers can only inquire about criminal records after making a conditional offer of employment. Even then, they must follow specific procedures, such as conducting an individualized assessment and providing the applicant an opportunity to respond before making a final decision based on their criminal history.
Additionally, certain convictions, such as those that have been expunged, are not permitted to be considered in employment decisions. These regulations aim to reduce discrimination and provide a fairer chance for individuals with criminal records to secure employment.
A Criminal Defense Lawyer Can Help Remove a Felony Conviction From Your Record
Simmrin Law Group understands the gravity of a felony conviction and how this can impact your future. While the conviction can stay on your criminal record forever, you have several options to remove it or minimize the negative effects. We will help you build a better future.
Our criminal defense attorneys have decades of experience advocating for the rights of our clients in California. You can trust us to fight for the best possible outcome with every case. Call us today to discuss your options for getting your felony conviction expunged from your criminal record.
Call or text (310) 896-2723 or complete a Free Case Evaluation form