If you—or someone you care about—are dealing with a felony conviction in California and are wondering whether it can be expunged, this guide will explain what expungement is, which felonies are ineligible, and what alternative relief options exist.
What is Expungement in California?
In California, expungement allows a person who has completed their sentence and probation to petition the court to set aside a conviction. If granted, the court can dismiss the charges, meaning that in most private-sector situations, you may not be required to disclose the conviction.
Important points:
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Expungement does not completely erase records. Law enforcement, certain government agencies, and licensing boards may still access them.
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Not all felony convictions are eligible. Eligibility depends on the nature of the crime, the sentence, and whether probation was completed.
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Recent reforms have introduced additional pathways for record clearing, but serious crimes remain restricted.
Eligibility Requirements for Felony Expungement
To qualify for expungement:
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You must have completed all terms of probation or any alternative sentence.
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You must not currently be charged with another crime or serving a sentence.
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Some felonies served in state prison may be eligible under certain exceptions, but many remain ineligible.
Felonies that are non-violent or did not require a state prison term are often more likely to be eligible for expungement. Reforms have also introduced automatic record sealing for some convictions after a waiting period.
Felonies That Cannot Be Expunged in California
Certain categories of felonies are generally not eligible for expungement:
1. Crimes Requiring Lifetime Sex Offender Registration
Felonies that require registration under California’s sex offender laws are typically ineligible. Examples include:
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Lewd or lascivious acts with a minor
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Continuous sexual abuse of a child
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Statutory rape where the offender is over 21
2. Homicide and Capital Offenses
Convictions for murder, manslaughter, and other capital crimes usually cannot be expunged.
3. Serious Violent Felonies
Felonies involving significant violence, serious bodily injury, or use of deadly weapons are generally excluded. Examples:
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Arson causing serious injury
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Assault with a deadly weapon
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Terrorism-related crimes
4. Felonies Resulting in State Prison Terms
Historically, felonies resulting in a state prison sentence were not eligible. Some exceptions exist for specific offenses under newer laws, but many remain ineligible.
5. Certain Special Statutes
Some vehicle-code felonies, gross vehicular manslaughter while intoxicated, and other specialized offenses are usually not eligible for expungement.
Why These Felonies Are Excluded
The law balances rehabilitation with public safety:
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Public safety and accountability: Serious offenses are excluded to protect society.
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Victim protection: Records remain accessible to safeguard victims and maintain transparency.
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Severity and rehabilitation: Less serious offenses may be eligible for expungement, while more severe crimes require ongoing accountability.
Alternative Relief Options
If your felony is ineligible for expungement, there are other forms of relief:
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Certificate of Rehabilitation: A court order recognizing rehabilitation, which can lead to a governor’s pardon.
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Governor’s Pardon: Official forgiveness for certain convictions.
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Reduction of Felony to Misdemeanor: Certain felonies may be reduced, enabling potential dismissal or expungement of the misdemeanor.
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Automatic Sealing: Some convictions may qualify for record sealing under recent legislative reforms.
Maintaining good conduct and fulfilling all legal obligations improves the likelihood of alternative relief.
Common Questions
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Does expungement erase my record completely?
No. Some records may remain accessible to law enforcement, government agencies, or licensing boards. -
Can felonies served in state prison ever be expunged?
Some may be eligible under certain exceptions, but many are not. -
What about multiple felony convictions?
Having multiple convictions can complicate eligibility, particularly for serious offenses. -
Are juvenile felonies treated differently?
Yes. Juvenile offenses often have separate procedures, but serious violent or sexual crimes may still have limited relief.
Take Action Today
Navigating felony expungement and post-conviction relief in California can be complicated. If you’re unsure whether your felony is eligible for expungement or want to explore alternative relief options, Southwest Legal can provide expert guidance to help you take the next step toward a fresh start. Contact us today to discuss your case and explore your options.
