When you face a criminal conviction, your life may undergo drastic changes involving incarceration and payment of hefty fines. The consequences are especially severe for persons who face felony penalties, based on the severity of the crime. Despite the sentence issued by the trial judge being a final verdict in your case, you may seek an expungement for the received conviction. Deciding to file an expungement petition may be advantageous to your case because the charges are reduced to misdemeanors. In return, your criminal record will include a less severe conviction history that ultimately gives you a better chance to restart your life.

Although expungement petitions are commonly filed, you are not assured of the judge’s approval. Thus, you need the services of a competent criminal attorney to present the petition on your behalf. They will also ensure that all prerequisites are met before proceeding to court. Overall, a criminal defense lawyer increases your chances of success in obtaining the expungement order.

Defining a Felony Offense

Under section 17 of the California Penal Code, a felony is defined as an offense resulting in penalties like imprisonment in state prison or county jail. These types of offenses also attract death penalties in severe cases. Due to the nature of most felonies, you can expect to undergo a rigorous trial process that includes case presentations from both the prosecutor and your criminal defense attorney.

On top of that, some felonies arise from aggravated circumstances like repeating the offense multiple times. The Penal Code also provides for wobbler crimes that may attract either a misdemeanor or felony charges. Subsequently, the prosecutor may apply discretion in charging you with a felony based on the circumstances of your crime.

Understanding What a Felony Case Expungement Entails

Although felonies are classified as serious criminal charges, you may have a chance to have them expunged. The legal process aims to change your criminal history to less serious charges for a better chance of obtaining opportunities after completing your sentence.

Under section 1203.4 of the Penal Code, you can file a petition for expungement with the court that handled your original criminal case. As part of the procedure, you will need to withdraw your initial claim of "not guilty,” leading to the dismissal of felony charges and penalties. Usually, pleading not guilty is the beginning point for a subsequent trial. As a result, your current felony penalties are entered after losing the criminal case and receiving a sentence.

Expungement options were made available to give offenders who demonstrate compliance and reform a better chance at starting over. Hence, you will first need to prove that you are eligible to undergo the application process and ultimately have the judge listen to your petition.

Eligibility for a Felony Case Expungement

Since filing an expungement petition is limited to eligible parties, you want to ensure that you fall within this category. Failure to confirm the details will waste time and resources and be sidelined by the court for improper applications. Consulting your criminal defense lawyer will help you identify the requirements and provide details to help you qualify.

Some factors considered when selecting eligible persons include :

Completing Your Probation Sentence Successfully

A probation sentence is often issued as an alternative for incarceration. Under the program, you are expected to comply with court orders and participate in selected reform activities. For example, you may have to attend therapy sessions if your offense involves drug abuse and addiction. Additionally, a probation officer is assigned to ensure you follow through with all the orders before presenting completion documents.

If you observed all the required procedures and completed them without causing any problems, you can present your completion documents. They will be important in proving that you are eligible for an expungement owing to your cooperative nature.

You Paid The Necessary Fine and Restitution Fees

While most felony sentences include paying fines and restitution fees under the probation program, the orders may be separated depending on the judge's reasoning. Due to this, you will have to prove that all necessary payments were completed on time to help you qualify for the felony expungement.

Restitution fees are paid to crime victims, particularly if your involvement in the offense costs them significant amounts of money. The fees are also issued to victims who suffered personal injuries from criminal activities. Through the payments, they will have a chance to seek the required medical attention, among other care services.

Court fees may also apply in felony cases as retribution for the crime committed. For example, persons convicted for money laundering charges face a high court fine to deter them from using the proceeds of crime after release. You will only qualify for expungement upon proving that the relevant payments are complete.

Your Sentence Did Not Include Serving Time in State Prison

After facing a conviction for your felony offense, the judge may either order you to a county jail or state prison. The sentencing guidelines will further direct the judge on parties eligible to serve their sentences. Normally, state prison is reserved for offenders involved in serious felony crimes like murder. Therefore, you may be excluded from a felony expungement in this case based on the severity of the crime.

Nonetheless, you have a chance for consideration if you served your sentence in state prison before Proposition 47 was endorsed. The provision created a realignment program that allows offenders to serve county jail or probation sentences, depending on the crime committed. It serves to decongest the prison facilities and give the offenders a chance to experience more lenient sentencing measures.

Disqualifying Factors for Felony Expungement Applicants

On the other hand, you may be disqualified from filing a felony expungement petition based on the following factors:

If You Have a New Criminal Case Filed Against You

Firstly, having a new criminal case filed and opened will be disadvantageous, as it demonstrates non-reform behavior. Additionally, technical restrictions apply to exclude you from the expungement. For example, having a felony charge reduced to a misdemeanor while the current case may result in a felony conviction is futile. Subsequently, the court opts to rule out offenders facing fresh charges to avoid these inconveniences.

If a Current Criminal Charge is Running

Additionally, if the new case proceeds to trial, no interference on your record through expungement is allowed. This is because the altered details may change the judge's perspective during sentencing. For example, the judge should refer to your record when deciding whether to enhance or reduce the sentence. To avoid confusion as the new charge is ongoing, you will be excluded from filing an expungement petition.

If you are Completing a Probation Sentence for a Previous Offense

Similarly, you cannot file for an expungement if your probation sentence for the original conviction is ongoing. The restriction applies because completing the probation program is an eligibility requirement. Therefore, allowing applicants with incomplete probation sentences would be contradictory and counterproductive.

Further, including persons with an incomplete probation status would be potentially detrimental to their reform progress. For example, they may see no benefit in completing their community service program because they are about to have their charge reduced to a misdemeanor. The court does not support this and will decline from accepting the petitions.

Duration Taken For an Expungement Process to Conclude

Upon filing an expungement petition, you will be put on a waiting list before the matter moves to court for a hearing and finalization. You can expect to wait for about two to four months before receiving feedback. However, the period may vary depending on the following factors:

How Complex Your Criminal Case Is

If your criminal case involved complex argument points that required diligent analysis, the presiding judge might take more time to approve it. For example, committing a wobbler crime with aggravating factors causes complexities in the expungement hearing. Although wobbler crimes allow for misdemeanor charges, the aggravating factors make it difficult for the judge to reduce the offense to a misdemeanor.

The Court Handling Your Case

Some courts are also busier than others, meaning that the waiting periods vary. Your criminal defense lawyer should keep in touch with the court handling your petition to receive the notice and subsequently begin preparations for the petition hearing.

The Period Between Your Initial Conviction and the Expungement Application

Additionally, offenders who received a felony sentence recently may have a shorter waiting period compared to those convicted earlier. Since the recent records are easily accessible in the databases, retrieving them and filing the petition is faster. Conversely, earlier petitions require searches on your file, including appeals and other bulky documents. Nevertheless, your criminal defense attorney may write a request to the court and ask for an expeditious process if necessary.

The Process Leading Up to a Felony Expungement

After confirming your eligibility to apply for a felony expungement, you will begin the application and waiting process. Some important procedures to undergo are:

Gathering All Relevant Documents

When you consult a criminal defense lawyer, they will advise you on the way forward before you can present an expungement petition in court. The most important step involves consolidating all documents required during the application and hearing. Among them are your criminal record documents that will be a major reference point throughout the court proceedings.

Moreover, your attorney should compile important file documents in your criminal case. They will serve as evidential sources to show that you received your sentence in the court where you now seek expungement orders. Additionally, you can use these documents to refer to any uncertain detail throughout the petition hearing.

Filing an Expungement Petition

After obtaining and assembling the relevant documents, your attorney should then file them for the court's attention. Without undertaking this process, your matter will not be recorded nor transferred for hearing. Therefore, filing should be done within the issued deadline to avoid delays.

Appearing for the Hearing

The court handling your case issues a hearing date after receiving your filed petition. Afterward, they will ask you to appear for the hearing where your criminal defense lawyer will present your request. Normally, you do not necessarily have to appear for the hearing, provided the court has not issued specific directives for your appearance.

Forwarding the Expungement Orders to The Department of Justice

After the hearing is concluded, you will then forward the court orders to the Department of Justice for expungement to begin. Since the department handles numerous cases at once, you are advised not to delay the process. Thus, reliance on your criminal attorney to follow up on the court orders is advantageous, as they will work expeditiously to conclude the matter.

What to Expect When Attending the Expungement Hearing

Although you do not have to attend the expungement hearing, knowing what goes on is beneficial. You may use the information for future reference or if the judge requires you to appear for questioning.

The court process is similar to a trial, as the prosecutor may object to your felony expungement. This is common where the prosecutor strongly believes that your case was serious, and reducing the felony charge to a misdemeanor is detrimental to the criminal justice process.

Consequently, your criminal defense lawyer will have to counter the prosecutor's justifications on why an expungement order should not be granted. Your attorney can increase your chances of success by providing verifying affidavits from your probation officer, counselor, and other professionals you have worked with.

Their testimonies will be crucial in showing that you can change and have demonstrated considerable efforts towards reforming. If your lawyer's arguments are persuasive, you have better chances to receive the orders for your benefit.

Elements Guiding the Judge in Reaching a Decision During the Hearing

Before issuing the final decision, the presiding judge must refer to several factors regarding your case. They will be guided by your compliance in achieving these requirements, as it demonstrates competence and willingness to avert criminal engagements in the future. Additionally, some guiding factors serve as a checklist to establish your eligibility to present the petition. Therefore, the judge will require supporting documents for every element listed. Some guiding factors for the judge's reference are:

  • The type of felony offense you faced conviction for

  • Your criminal history

  • Whether you are eligible for parole

  • Whether you can find and keep a Job

  • How your community integration will be

  • If you have completed community service

If your criminal defense lawyer can provide sufficient proof to show you have met the set expectations, you have a better chance of receiving expungement orders.

The Role of a Criminal Defense Attorney in a Felony Expungement Process

Doubtless, your criminal defense lawyer plays a pivotal role in securing your felony expungement. Their professional input and guidance are highly beneficial compared to working alone on the matter. Thus, considering their contributions, partnering with a well-established criminal defense lawyer is a great option. Some roles played by your attorney include:

Providing Legal Counsel Relevant to Your Case

As mentioned, expungements for felony cases are possible but not assured. Thus, your lawyer can help you understand your chances of securing an expungement order if you qualify for one. Additionally, your lawyer's integrity should include telling you the truth where you do not qualify for the process. You will then save your resources and return for assurance when you meet all requirements.

Conducting Due Diligence and Gathering Your Records

Further, conducting due diligence on your previous records and the drafted documents should not be undermined. Without thorough inspection, the minor errors may cause serious delays in processing your petition. The effect is a longer waiting time that may also be postponed due to the court backlog.

Presenting a Case Against the Prosecutor

Finally, presenting counterarguments against the prosecutor also requires specific knowledge and skill that your criminal attorney will have. They can anticipate the prosecutor’s questions and any leading questions aimed at discrediting your efforts to reform. Hence, your attorney's role in presenting your petition against the prosecutor is beneficial, as it increases your chances of a successful outcome.

Find a Los Angeles Criminal Defense Attorney Near Me

When you have a chance to have your felony record expunged and charges reduced to a misdemeanor, you should consider it. The benefits will help you find better career and academic opportunities, among other advantages. However, securing the expungement orders is not straightforward, owing to the numerous requirements you must fulfill. Further, you should remember that the judge holds a petition hearing to determine whether you meet the expungement criteria. Therefore, working with a criminal defense attorney should be a priority.

At The LA Criminal Defense Law Firm, the team dedicates its services to all residents seeking legal assistance in Los Angeles, California. Years of practice in the field also make the attorneys an excellent choice, as they have a wealth of experience in the expungement of felonies. Thus, you can expect high-quality services and personalized support throughout the application process. For more information on felony case expungement, contact them at 310-564-2605.