Expungement, in general is a court proceeding wherein a first time offender that has been convicted of a crime or admitted to the crime would be able to have the records of this conviction withdrawn from guilty to not guilty. This in effect dismisses the case and the conviction is lifted so long as the individual complies with all the requisites involved in expungement.
In the case of felonies, some felonies can be allowed to be subject of expungement proceedings. Not all felonies though are allowed to be expunged and in the absence of a clear law stating that an individual offense is not subject to expungement proceedings, then the felony can be considered for expungement.While the California Penal Code allows for the expungement of some felonies, there are some felonies specifically mentioned that cannot be covered under expungement proceedings.
Here are the specific felonies mentioned:
- Penal Code Sec. 288.5 or Engagement in Three or More Sexual Acts with a Minor under Fourteen Years of Age
- Penal Code Sec.289(j) or Sexual Penetration of a Minor under the Age of Fourteen by a Foreign Object
- Penal Code Sec.261(d) or Rape
- Penal Code Sec.286 or Lewd Acts on a Child
- Penal Code Sec.286(a) or Oral Copulation on a Minor under Fourteen Years of Age
- Vehicle Code Sec. 42001(b) or Driving in Excess of One Hundred Miles per Hour
- Sexual Crimes as stated in Sections 286(c), 288, 288a(c), 288.5, 289(j) and 261.5(d) Other felonies, especially those that have violence as part of their elements, are not qualified for expungement proceedings under any circumstances.
Other criminal convictions though, such as those for possession of marijuana after January 1, 1976 are automatically expunged after two years from final conviction. This automatic conviction though is not applicable to the cultivation, sale or transport of this illegal drug.All in all, only specific felonies are allowed to be expunged in California.
One specific requirement that differentiates felony conviction expungement is the fact of service of state prison sentence. Once the individual serves time in a federal penitentiary, then expungement of the felony would be disallowed or would not prosper.
Furthermore, since many felonies have probation as penalty, full compliance of the probationary guidelines need to be certified in order to be qualified for expungement proceedings.
The failure of any of the requisites for qualification for expungement would definitely torpedo the hope and way for the dismissal of the felony conviction.If you would like more information about felony expungement or about misdemeanor expungement, call today and schedule a free consultation with a expungement lawyer from the Law Offices of Ramiro J. Lluis.