Expungement of records can be done

By: Stefanie Sessina

Posted: 2/17/09

A person who is not currently incarcerated or on probation or parole may be able to petition the court to expunge certain items from their criminal record. According to the Merriam-Webster Online Dictionary, expunge means to strike out, obliterate, or mark for deletion.
2, to efface completely, destroy
3, to eliminate (as a memory) from one's consciousness.

For employment or licensing applications, an expungement will allow a person when asked if they have been convicted of a crime to answer "Yes, conviction dismissed." An expungement does not erase all record of the case. Each conviction requires a separate petition. Currently the cost for a petition is $60 in Los Angeles County. A petitioner is required to pay some court costs even if the petition is not granted. A fee waiver may be available.

A complete criminal record and fingerprint can be obtained in person for a fee of $42 at 12240 East Imperial Highway, Room 120, 1st Floor, Norwalk. (562) 465-7873.

Records can also be obtained from the California Department of Justice, Criminal Records Division at 4949 Broadway, 1st Floor Fingerprinting Office, Sacramento. (916) 227-3849

For more detailed information on the expungement paperwork needed call the Clerk of the Superior Court where the person was convicted.

If the sentence was served in a State Prison a person may be able to petition for a Certificate of Rehabilitation. Depending on the crime, there is a wait time of between five to ten years from the date parole or probation ends to be eligible to petition for the certificate.

This is assuming that there were no other charges or violations during parole or probation. A person cannot petition if they have charges pending. If a Certificate of Rehabilitation is granted, it will be forwarded to the Governor by the Court and this becomes an application for a pardon.

The Governor decides if a pardon will be granted. For help from the Public Defender's office for a COR you may contact Los Angeles Public Defender Paralegal John Garbin at (213) 974-3057.

Juvenile records are not automatically sealed when the minor reaches age 18. For more information contact the Juvenile Court.