Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In California, a felony conviction stays on your record forever, if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. Until you get the conviction removed from your criminal history, you can face serious obstacles. The felony can be found on criminal background checks, causing problems.
A felony offense is a crime that carries more than one year in prison. They are more severe than misdemeanors, which carry less than a year in county jail, or non-criminal infractions, which do not carry jail time at all.
Some examples of felony charges in California include:
California also has wobbler offenses. These can be charged as either a misdemeanor or as a felony. The prosecutor or district attorney has discretion over which type of charge to file. That discretion is based on:
You get convicted for a felony if you are charged with a felony offense and you:
Felony convictions do not just carry prison time. They also carry:
The collateral consequences of a criminal record can be serious. These are the negative consequences that you will suffer from people outside the criminal justice system, such as:
You can be discriminated against because of your criminal background. For example:
These and other collateral consequences can make life difficult after serving your time for the felony offense.
If you are convicted of a felony offense in California, your record will not disappear on its own. You must take affirmative steps to have it removed or sealed from public view.
If you are a convicted felon in California, you are eligible for expungement if you:
If you served time in state prison for your felony conviction, but would have served it in county jail after 2011’s Proposition 47 Realignment, then you can still seek an expungement.[2]
You can apply for an expungement by:
If successful, the prior conviction will be sealed from public view. It will no longer appear on criminal background checks. You can deny the conviction if you are ever asked about it.
The criminal defense attorneys at our law firm have prepared numerous people for their expungement hearing. This has helped them clear their felony record so they can move on with their lives.
Certain felonies cannot be expunged under California law. These are:
These serious sex offenses stay on your record forever in the state of California.
Even if you do get a felony conviction expunged, it will not completely remove the blemish from your past. An expungement cannot:
An expunged felony conviction will also remain a priorable offense. It can elevate the penalties of subsequent criminal convictions. For example, if you expunge a first-offense DUI and then get charged with another DUI, that expunged conviction will still make the new criminal charge a second-offense DUI.
The expungement also will not remove the arrest record. You are only eligible to seal and destroy arrest records if:
Legal References:
[1] California Penal Code 1203.4 PC.
[2] California Assembly Bill 109 AB and California Penal Code 1203.42.
[3] California Penal Code 1203.4 PC.
[4] California Penal Code 1203.4(b) PC.
[5] California Penal Code 290.007 PC.
[6] Same.
[7] California Vehicle Code 13555 VC.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.