WHAT EXPUNGEMENT WILL NOT DO FOR YOU

1. A California Expungement will not prevent the Court from using your expunged conviction to enhance your sentence in a subsequent criminal matter
2. Allow you to tell a State Licensing Board you do not have a prior criminal history
3. Erase your criminal conviction so no one can see it
4. Expunging your California Criminal Record will not restore your right to own, use or possess a firearm.
5. An Expungement will not relieve you of the duty to register as a sex offender under Penal Code § 290.

A California Expungement will not prevent the Court from using your expunged conviction to enhance your sentence in a subsequent criminal matter

In California some offenses are priorable.  This means if you are convicted of the same offense again, usually within a set amount of time, the Courts are able to mandate a more severe punishment.  For instance if a person is found guilty of a DUI more than once in ten years, the second conviction will carry a stiffer sentence.  Having a priorable offense expunged from your criminal record does not prohibit the court from using that offense to enhance a future conviction. 

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Allow you to tell a State Licensing Board you do not have a prior criminal history

When applying for a State License, or to become a peace officer, or contracting with the state lottery, you must still disclose your prior conviction(s) even after you have successfully had them expunged.  A State Licensing board will view the expunged conviction more favorably than one that has not been expunged.  Often you will be granted a license subject to a probationary period.  

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Erase your criminal conviction so no one can see it

It is important to understand that an Expungement in California does not mean your criminal record is destroyed or erased.  In California, an Expungement means that your “conviction” is changed to reflect a “dismissal”.  Essentially, your guilty plea is withdrawn, and a not guilty plea is entered in its place, your probation is terminated, and your case is entered as dismissed. 

This new information is still available for people to view, and it may still appear when people conduct a background check on you.  However, when viewing your record, they do see that your conviction has been successfully expunged.  Usually, employers and state licensing boards view this positively and may not use your expunged conviction as reason to not hire you or not issue a license. 

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Expunging your California Criminal Record will not restore your right to own, use or possess a firearm.

Under California Penal Code § 12021 a person who has been convicted of a felony, or certain misdemeanors, is prohibited from owning, using or possessing a firearm.  An Expungement under California law will not restore that right. 

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An Expungement will not relieve you of the duty to register as a sex offender under Penal Code § 290. 

Having a prior sex offense expunged in California does not mean you will no longer be required to register as a convicted sex offender under California Penal Code § 290. 

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