Expungement cases are handled on a first-come, first-serve basis with the court that has original jurisdiction over the case, which is where the offender was originally tried. Expungement can take two to five months, depending on the court and number of counts with which the offender has been charged. Those petitioning for an expungement should keep in mind that the 6th Amendment clause does not apply. The clause states, "(i)n all criminal prosecutions, the accused shall enjoy the right to a speedy. . . trial," 1 which is intended to protect defendants from delays between the time that he or she is charged with an offense to the beginning of their trial, and as such does not apply to offenders who have already been convicted. There are a few counties in California that offer an expedited process - Orange County, Santa Clara County, and Fresno County - shortening the process by several weeks. The law allows the court to charge up to $150.00 for the filing fee 2. Otherwise, the filing fee is usually $60.00 or $120.00, depending on the county and the number of cases filed.
After Your California Misdemeanor Has Been Expunged
Once a misdemeanor or felony has been expunged, chances of the offense showing up on background checks is considerably minimized. Standard commercial background checks will most likely not show the conviction. Background checks that require submission of fingerprints and a copy of the California Department of Justice report, however, will show the case, but will show that it was dismissed with no finding of guilt. The only time an expunged record can be used against a former offender is during the sentencing of a subsequent offense, and the only time a former offender has to disclose his or her expungement is when applying for a state license, running for public office, or when contracting with the California State Lottery Commission. Expungement cases may be denied if the judge does not think that granting the expungement is in the interest of society, or if the files or application for expungement are filed inaccurately. Offenses that do not qualify for expungement are typically sex offenses or offenses for which the offender served a prison sentence. To see if you are eligible to have your record expunged, you take take RecordGone.com's free expungement test.Click Here For Test
If You Are Denied Expungement
If you find that you are not eligible for expungement, you may still be eligible to get a certificate of rehabilitation which according to the state of California, shows that the individual is rehabilitated. Where you arrested, but not convicted of a crime? Then you may be eligible for a California record sealing.