A misdemeanor in California law is a criminal offense that can be punished by up to one (1) year in jail, a fine of $1,000 or both. Examples of misdemeanors are such things as DUI without injury (23152 Vehicle Code), theft (484 Penal Code), battery (242 Penal Code), certain Domestic Violence cases (273.5 or 243 e Penal Code), drunk in public (647 f Penal Code), or disturbing the peace (415 Penal Code).
Nearly all misdemeanors are eligible for expungement. However, misdemeanors in California are not automatically expunged with the passage of time. Expungements require the filing of an Expungement Petition and approval of the petition by the Court.
If your misdemeanor case involved a grant of Probation, even informal probation, all fines, fees and community service or classes required by the court must be completed. In some cases, our firm can also file a petition for early release from probation with your petition for expungement. If approved, this will also this petition will allow early termination of your probation requirement.
Generally, a misdemeanor expungement does not have a waiting period. You may apply for expungement the day after your probation ends. A mandatory waiting period only applies to conviction without mandatory probation. In such cases, 12 months must pass after conviction before petitioning for expungement. Currently, almost all misdemeanor convictions have a term of informal probation after conviction- usually 24 to 36 months.
Always remember, you must take affirmative action to expunge a case or it will appear for decades. Once relief has been granted, you can honestly answer "no" to a question regarding criminal convictions in many circumstances.
