What Expungement Does Not Do

Prior convictions: there are certain crimes that are “priorable,” meaning that if arrested for a similar crime in the future, the punishment may be more sever. For example, petty theft is a misdemeanor. However, petty theft with a prior theft conviction is a “wobbler,” meaning it may be punished as a felony or a misdemeanor. If someone is arrested for petty theft with a prior, and the prior was expunged, the fact of the expungement will not save the person from being charged as a felony. It’s best to consult a qualified criminal expungement attorney to discuss your post conviction relief options.

Prior DUI convictions (DUI expungement): Penal Code Section 1203.4, by referencing Vehicle Code Section 13555, states that expungement will not have any impact on the use of a DUI conviction as a prior. This means that if DUI conviction number 1 is expunged, and the person is arrested for DUI number 2 (within ten years, as opposed to seven, as of January 1, 2005), it will be prosecuted as a second-offense DUI, with all the enhanced punishments and penalties, regardless of the expungement of DUI number 1. (See Expunging a DUI for more information.)

Gun ownership: There are certain offenses for which probation may be granted (the first critical inquiry for expungement eligibility) that prevent that person from lawful gun ownership for a specified period of time. A criminal expungement will not restore those gun ownership privileges.

Sex Offender registration: There are also certain offenses where probation may be granted (the first critical inquiry for expungement eligibility) that require lifetime registration as a sex offender. Obtaining an expungement under Penal Code Section 1203.4 does not relieve this registration requirement.

The expungement pursuant to California Penal Code Section 1203.4 does not provide as much post conviction relief as may be desired. It does not erase criminal records. It does, however, have many benefits (See Why Expunge), chiefly in the area of job applications in the private sector. (See Expungement and Employment.)

However, there is an emotional component as well: for those that have suffered misdemeanor convictions, and have learned their lesson, expunging convictions provides a lifting of the psychic baggage that many probationers have carried for a long, long time. As to them, expunging a criminal record is a priceless commodity.

For more information about expungement, please feel free to contact criminal expungement attorney Darren T. Kavinoky, who has many years experience in the area of expungement law.