Legal Question in Criminal Law in California
Is there a difference in California between expunging misdemeanors and sealing a record? Someone told me that if under age 25, records can be sealed. Is this true? I am going through the process of expunging my misdemeanors right now and am a little confused by this.
3 Answers from Attorneys
That someone is confused. If it is an adult conviction, you file a petition to expunge. If it is a juvenile conviction, you file a petition to seal the juvenile records.
A so-called "expungement" doesn't seal anything. It just adds a note to the court records that the judge dismissed the case after you completed probation. The conviction is still a public record.
There is no way to seal an adult conviction in California. Juvenile court records can be sealed as long as the minor didn't commit a serious felony.
The person who told you that records can be sealed if you're under 25 is just plain wrong.
The general rules and guidelines are: Records are forever. Juvenile court records may sometimes be sealed, taking them from public view. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
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