In California, certain serious crimes are explicitly excluded from expungement, meaning they cannot be removed from a person's criminal record regardless of whether they have completed their probation terms.
Expungement, formally known as a petition for dismissal, is a legal process that allows individuals who have successfully completed probation for a misdemeanor or felony conviction to have their conviction records dismissed. While it can offer significant benefits for employment and housing, not all convictions are eligible.
Non-Expungable Crimes in California
The following categories of offenses are generally not eligible for expungement under California law:
- Child Pornography Crimes: Offenses related to the production, possession, or distribution of child pornography.
- Certain Sexual Assault Crimes: A range of offenses categorized as serious sexual assault.
- Committing Lewd Acts with a Minor: Crimes involving inappropriate sexual conduct with a person under the age of 18.
- Failure to Submit to a Police Inspection of Vehicle: This specific offense, often related to commercial vehicle safety or other regulatory inspections, is also listed as non-expungable.
These exclusions reflect the state's policy on public safety and the severity of certain offenses, ensuring that records of such convictions remain accessible.
Understanding Expungement Eligibility
For crimes that are eligible for expungement, individuals must typically meet specific criteria, such as:
- Completing all terms of probation.
- Not currently serving a sentence for another offense.
- Not having any new criminal charges pending.
Even for eligible offenses, the decision to grant an expungement rests with the court, which considers factors like the severity of the crime and the individual's conduct since conviction.
