In the last few years California has made some sweeping changes to the expungement laws which will help defendants, who plead to felony charges (probation, county prison or state prison), dismiss or expunge their criminal records.
Since 2021, a convicted felon, after January 31, 1973, who served state prison may expunge a criminal conviction if they were released from custody more than 2 years ago, are free from any post-conviction supervision such as parole and do not otherwise register as a sex offense under Penal code § 290. If order to obtain an expungement, the defendant or his attorney must file and petition the court for relief.
A convicted felon, after January 31, 1973, who was given probation and who suffered at least one probation violation may expunge a criminal conviction if they were released from custody more than 2 years ago, are free from any post-conviction supervision such as parole and do not otherwise register as a sex offense under Penal code § 290. If order to obtain an expungement, the defendant or his attorney must file and petition the court for relief.
A convicted felon who was given probation, after January 31 1973, and who’s probation was not revoked or violated, but plead to a serious or violent felony may expunge a criminal conviction if they were released from custody more than 2 years ago and do not otherwise register as a sex offense under Penal code § 290.
Beginning in 2023, a convicted felony who was given probation, after January 1, 2005, and who’s probation was not revoked or violated, did not plead to a serious or violent felony and do not register as a sex offense under Penal code § 290 will automatically have their criminal conviction expunged if they remain free of convictions for 4 years.
Of course, there are separate rules and time limitations for county prison convictions and there is no waiting time to expunge a felony state prison conviction to a non-strike offense if the defendant completed a fire camp while in state prison. See AB2147.
An experienced attorney, like the Law Offices of Brian E Skibby, will know how to navigate through these issues and attempt to provide you the relief that you seek. Please call for a free consultation to see if you qualify.