Record Expungement

An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person.

However, the case record itself will still exist, and the expungement will appear on your record.

It can be difficult to get a job with a conviction on your record. Many employers must carry insurance on their employees, and insurance companies often refuse to insure employees with convictions.

No. The court will not grant an expungement until your sentence is complete, which includes full payment. When you apply for an expungement, the probation department will provide information to the court about your compliance with paying any fines, fees, or restitution you’ve been ordered to pay. If you still owe money, the probation department will report that you are noncompliant with your sentence, and your request for expungement will be denied.

It will take anywhere from 3 weeks to 4 months, depending on how busy the court’s calendar is.

You will need a copy of your criminal record or case information from each conviction you wish to expunge. Your criminal record or case history includes information essential to filling out the expungement papers. You must bring this to the clinic for us to be able to assist you with document preparation on the same day after the informational session.

It is often a good idea to attach a declaration stating why you want the expungement and explaining your situation in life. In this declaration, you may want to discuss:

• Your plans for the future
• The reasons you offended, and how your life is different today than it was when you offended.
• How the conviction has hurt your employment chances
• If you have received any training or education
• Any occurrence in your life that changed how you interact with your community
• Any 12-step or religious affiliations you have

All declarations submitted to the court must be true and accurate. Declarations are one page long, and may be typed or handwritten.

Letters from employers, clergy, or other community members can be convincing, but should not be attached to your petition. You may provide these to the judge at your hearing.

Yes, you can file several petitions for expungement simultaneously. You will need to file separate Petitions and Orders for each conviction.

Fill out the forms with the name under which you were convicted. Sign the forms with your current name.

Absolutely not. The The Inland Empire Latino Lawyers Association (IELLA) assists all individuals regardless of ethnic background. However, in order for us to assist you with document preparation, you must qualify as being LOW INCOME. If you do not, a self-help packet will be provided to you.

If you attend the hearing, you may ask the judge what you can do to get your conviction expunged. You may re-file your petition for expungement in 3-6 months, after you’ve made the changes recommended by the judge.

You cannot apply for expungement if you have any ongoing criminal proceeding or are on probation for any criminal offense. If you are arrested after you apply for expungement, your petition will be denied.