Is expunging and sealing criminal records the same thing? This is what PC 1203.4 says

Is expunging and sealing criminal records the same thing? This is what PC 1203.4 says

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In the complex world of criminal records in the United States (US), expungement and sealing of records play crucial roles in the lives of those seeking to leave past circumstances behind and move forward toward a brighter future. California Penal Code 1203.4 (PC 1203.4) offers these options.

Both processes share the objective of providing a second chance through clearing the criminal record. However, there are significant differences that are important to understand.

Below, we explain in depth the influence of each process on eliminating criminal records and the eligibility criteria, a key point that differentiates them, and relevant updates.

Key Takeaways

• California Penal Code 1203.4, PC 1203.4, provides mechanisms for the expungement and sealing of criminal records, giving individuals with prior convictions a second chance.
• To expunge a criminal record under PC 1203.4, it is necessary to comply with all conditions of the sentence, such as probation, and file a petition with the court.
• Recent reforms in California, such as the one passed in October 2022 and effective July 2023, allow conviction and arrest records of ex-convicts to be sealed as long as they have not been convicted of another serious crime in four years.

California Penal Code 1203.4 (PC 1203.4)

A criminal record can be a lingering shadow on the path to employment, educational and personal opportunities. Even a past misdemeanor can continue to show up on employment background checks and affect your ability to move forward in life. However, there is the possibility of record sealing or expunging, providing an opportunity for a new beginning.

PC 1203.4 provides an important legal mechanism that allows individuals convicted of felonies and, in the vast majority of cases, misdemeanors in California, to have their convictions expunged from their records.

This opportunity is not automatically granted upon completion of probation or other sentence; Expunging criminal offenses requires a specific process that is often more effective with the assistance of an expungement attorney.

Expungement forms California processes are applied when the individual satisfactorily meets all conditions of his or her sentence, whether probation or otherwise.

In short, a petition must be filed with the court that initially handed down the sentence, requesting that the conviction be dismissed. The request must argue the reasons why the individual deserves to have their criminal record cleared, and must meet specific legal and procedural requirements.

It is important to note that not all felonies are eligible for expungement under PC 1203.4. Although most misdemeanors are eligible, there are some exceptions.

What does the elimination of criminal records consist of?

Expungement is a process covered in PC 1203.4 that we mentioned previously, allowing people to dismiss arrests or convictions from their criminal records.

In English, the term used is expungement, which translates as “to erase,” but it is important to clarify that the process does not allow criminal crimes to be literally erased. After its application, the history will continue to show the conviction, only that it will appear annulled or dismissed, which is better than having one valid.

Some states may require a waiting period after serving a sentence before a crime is considered for expungement. Additionally, state laws may limit the types of convictions that can be expunged, so it’s not just up to PC 1203.4 expungement.

What is criminal record sealing?

Criminal record sealing is another option for those who want to protect their record from public scrutiny. This process, also covered by code 1203.4 dismissal, blocks access to records by the general public and most background checks.

However, it is important to note that certain government agencies and law enforcement agencies can still access these sealed records. This is what differentiates it from criminal record expungement.

Although record sealing offers a measure of privacy, there are some exceptions. For example, in the case of an additional indictment for a similar crime, the sealed records may be used by the prosecution as evidence.

So you can’t expunge a criminal record. If sealed, the person must disclose that they have been arrested in the following contexts: when asked about it in applications for public office, employment as a law enforcement officer, or a state or local license, likewise, if you have a contract with the California State Lottery Commission.

What is the difference between expunging and sealing criminal records?

As we already indicated, under PC 1203.4, expungement and sealing of criminal records are two different legal processes that allow people to manage their criminal history in different ways. Understanding their differences and when they can be applied is crucial to solving the need to expunge a criminal record.

Expungement involves the complete removal of a conviction or arrest from a person’s criminal record, meaning it will not show up on background checks. On the other hand, sealing a record only hides such information from the general public’s view. The registry still exists and may be accessible to certain government or security organizations but will not be available to regular employers or other entities that conduct background checks.

Comparing the pros and cons of these two methods is crucial to deciding which is most suitable based on individual circumstances. Expungement offers the benefit of a complete cleanup of your record, which can make it easier to obtain employment, housing, and other opportunities without the shadow of a criminal record. However, this process can be more complicated and expensive, as it often requires the assistance of a lawyer, and the time required to complete the process can be considerable, sometimes extending for weeks or even months.

On the other hand, record sealing, although it does not completely eliminate the record, can be a faster and less expensive option. This process may not require as much legal intervention and may therefore, be less burdensome for those who cannot afford lengthy court procedures or high legal fees. However, the fact that sealed records are still accessible to certain organizations may limit their benefits compared to complete expungement [1].

So, the decision between expunging or sealing a criminal record may also depend on practical factors, such as the total cost of each option and the time needed to complete the process.

Reforms that support second chances

In October 2022, Gavin Newson, the governor of California, approved some proposed law reforms that supported second chances for very specific cases by complementing PC 1203.4 [2].

Beginning in July 2023, the conviction and arrest records of most ex-felons in California can be sealed as long as they have not been convicted of another felony within a four-year period [3].

The records of arrested people who had no convictions could also be sealed. Meanwhile, former inmates convicted of serious crimes have the option of requesting a judge to seal their records.

“Old records that no longer reflect the reality of who someone is and what they have accomplished should not be a barrier to opportunity,” said Tinisch Hollins, executive director of Californians for Safety and Justice, who supported groups sympathetic to the reform proposal.

How long does it take to expunge criminal records?

Regarding the question of how long it takes to erase criminal records, the availability and duration of this process varies depending on the jurisdiction and the type of crime. Therefore, in those states where a criminal record can be expunged, it is crucial to determine eligibility for the procedure. PC 1203.4 does not specify a time for this.

These are not quick processes. To give you an idea, for most misdemeanors, you have to wait five years after conviction or incarceration, whichever is longer. Time is extended for most felony convictions; In these cases, you can wait up to 10 years before you can request to seal your records.

Who can expunge criminal offenses?

Under PC 1203.4, anyone with a criminal record can apply for sealing, except sex offenders.

However, keep in mind that only certain records can be deleted or sealed. Some common cases involve accusations of minors that were dismissed due to lack of evidence, as well as those of people accused under the assumed name of an innocent person.

House Bill 731, passed in California, allows misdemeanor convictions to be automatically and electronically expunged through the state Department of Justice. For their part, people living with convictions for serious crimes can only request sealing.

Can immigrants’ criminal records be expunged?

California, and especially San Diego County, is home to a significant percentage of immigrants in the country. Generally, their presence in the country pursues opportunities for a better future and permanent, legal establishment. However, it is well known that not everyone meets the requirements established by the US Citizenship and Immigration Services (USCIS).

A foreigner’s Green Card application in the US may be rejected due to the existence of a criminal history. However, each case is particular, and the sealing or expunging of immigrants’ criminal records can change the panorama based on legal arguments such as those established in the Freedom of Information Act (FOIA). PC 1203.4 explains the procedures, while the eligibility of such particular cases is addressed by considering other aspects as well.

Can juvenile criminal offenses be expunged?

PC 1203.4 addresses options for expunging criminal records, as is well known. However, it is worth mentioning that, in California, juvenile criminal records are protected and are not accessible to the general public, as established in California Court Rule 5.552 and section 827 of the Welfare and Institutions Code.

Before reaching the age of 18, only court personnel, parents, the minor, legal guardians, and attorneys involved in those or subsequent cases are authorized to review a minor’s criminal record.

Once a person reaches the age of majority, he or she has the ability to petition the court to have the records permanently sealed. These records will not be available to any other entity and will be deleted five years after they are sealed, in accordance with Welfare and Institutions Code 389(c), 781(d) and 826.

However, the court may determine that the records are not sealed and, therefore, not destroyed. Likewise, when an individual under guardianship reaches age 28 or a ward of the state turns 21 or 38, the records are also sealed and subsequently expunged.

Juvenile crime records are often automatically sealed in many states, offering youth a chance for a fresh start. This process is particularly important given that youth actions should no longer lead the way to adulthood. Although, as expected, there may be exceptions, such as in cases of sexual crimes or when a minor is tried as an adult according to PC 1203.4.

Full Summary

Both expungement and sealing of criminal records offer a route to rehabilitation and reintegration into society. These processes provide a second chance for those who have paid their debts to justice and are committed to a more positive path in life.

However, it is essential to understand the differences between these two processes, as well as the state-specific procedures, to make the most of these opportunities and start anew without the shackles of the past.

In summary, California PC 1203.4 provides an invaluable opportunity for those who have made mistakes in the past to put their criminal history behind them once they have fulfilled their legal obligations. While expungement offers a more definitive solution, sealing may be a viable and more accessible alternative for many, depending on personal circumstances and available resources.

To make the most of this opportunity and ensure a successful process, it is essential to have proper guidance and representation from an expungement attorney. This will also help you better understand the differences and select the most effective option. In our contact section you can tell us about your case, and we will be happy to advise you.

Frequently Asked Questions

What is the difference between expungement and sealing of criminal records in California?

Expungement dismisses or vacates convictions on criminal records, but they can still be viewed by some government and law enforcement agencies. While record sealing blocks public access to the records, certain government and law enforcement entities can still access them under certain circumstances. Both options are contemplated in PC 1203.4.

Who is eligible to expunge criminal offenses?

Anyone with a criminal record, except sex offenders, can request to have their records sealed. However, not all crimes are eligible to be expunged or sealed, according to PC 1203.4.

Can immigrants expunge their criminal records in California?

Each case is particular, but sealing or expungement can change the landscape, and laws such as FOIA can be relied on to improve the chances of obtaining residency beyond what is established in PC 1203.4.

What are the requirements to erase a criminal record?

According to PC 1203.4, if a person wants to erase criminal offenses through the methods described, he must meet the following requirements:

• The person must have complied with all fines and restitution and have attended all community services and programs established by local law.
• The individual and/or his criminal attorney appeared in court each time he was asked to appear before a judge for the crime.
• The defendant cannot have committed a new crime after obtaining his parole.

Who cannot access the expungement of criminal records?

PC 1203.4 also describes cases in which there is no immediate possibility of expunging criminal records:

• People who are serving a prison sentence for a criminal offense.
• People who are on probation for a criminal offense.
• People who are facing an accusation for a crime related to vehicles or of a sexual nature or related to pedophilia: child abuse, copulation with children or minors under 16 and 21 years of age, among other lewd acts against said population.

However, it is worth keeping in mind that Senate Bill 731 included exceptions for certain violent crimes.