Everyone makes mistakes, but your past doesn’t have to define your future. In California, many people can clear their criminal records through expungement. But even minor errors in the process can stop everything.
According to the California Department of Justice, nearly 1 in 3 adults in the state has a criminal record. Choosing to expunge a criminal conviction can open up better jobs, housing, and peace of mind for those who qualify. However, the process can be tricky. Let’s look at the most common mistakes and how to avoid them.
1. Not Checking If You’re Eligible
Before you begin, make sure you qualify. In California, not every charge can be expunged. You must have:
- Completed your probation
- No new charges or convictions
- A crime that allows expungement under the law
Some crimes, like certain sex offenses, can’t be expunged. Skipping this step can lead to a denied petition. Always check your eligibility first.
2. Filing in the Wrong Court
California has many courts, and each handles cases under its jurisdiction. You must file your expungement petition in the same court where the conviction happened. Filing in the wrong place wastes time and may cause delays.
3. Leaving Out Past Convictions
When you apply, you must be honest about your whole record. Some people forget old convictions or think they don’t matter. But even a small error can hurt your case.
The best way to avoid this? Get a copy of your criminal record. You can request a Live Scan or a RAP (Record of Arrests and Prosecutions) sheet to be sure nothing is missing.
4. Not Completing Probation First
Probation is part of your sentence. You may not qualify for expungement if you haven’t finished it.
Some people apply too early or after breaking probation rules. That doesn’t always mean you’re out of luck, but it makes the process harder. If you had violations, be ready to explain them clearly in your petition.
5. Filling Out the Petition Wrong
The main form for expungement is Form CR-180. It might seem simple, but many people make mistakes. Common issues include:
- Misspelled names
- Wrong case numbers
- Missing court information
Also, don’t forget to attach any documents you need. One small mistake can lead to rejection. Always check your forms before turning them in.
6. Skipping the Court Hearing
Not all expungement cases need a hearing, but some do, especially if the court has questions.
If the court summons you, you have to show up. Missing your hearing tells the court you’re not serious, and your case may be dismissed. Dress neatly, be on time, and answer questions honestly.
7. Thinking Expungement Erases Everything
Expungement helps, but it doesn’t delete your record. In California, when a record is expunged:
- The charge still shows up but says “dismissed.”
- It may still be seen by government employers or during background checks for public jobs.
So, while expungement improves your record, it doesn’t erase it. Be aware of what it can and can’t do.
8. Not Getting Legal Help When Needed
Some people try to handle everything independently, and that’s okay for simple cases. But if you have multiple convictions or complex legal issues, you may need help.
A legal expert can guide you, help you avoid mistakes, and make sure your case is as strong as possible. Legal aid services and public defenders can also help if you can’t afford a lawyer.
The Wrap-Up!
Expunging a record can change a life. But the process isn’t easy. Avoiding these common mistakes gives you the best chance at a clean slate and a fresh start.
