Expungement Clinic
The Ventura County Public Defenders’ office is hosting a free expungement clinic at the Oxnard College Swap Meet on the last Sunday of the month. Please share! We are located near the gym.
- MISDEMEANORS: Volunteer attorneys from the Public Defenders’ office will help applicants dismiss misdemeanors convictions that are eligible for mandatory expungement without a hearing.
- Misdemeanor expungements – walks someone through the process
- OTHER ISSUES: For felony expungements, reductions of felonies to misdemeanors, certificates of rehabilitation, etc. – go here to fill out an application and then one of the PD law clerks will be in touch about next steps
- NOT SURE?: Don’t know which category you’re in? Have specific questions? Come and ask all your questions!
- WORKING ON IMMIGRATION ISSUES?: There will also be (also FREE) immigration attorneys to offer advice about how a criminal record might affect your immigration status
Expungement Clinic
Frequently Asked Questions
COST: How much do I have to pay for this help?
The advice and services by the volunteer attorneys are FREE. Expungement actions are FREE as well. The fee for felony petitions is $120. Please note that this court fee is non-refundable, even if your petition is denied
Do I have to be a VENTURA COUNTY resident to get help?
You don’t have to be a Ventura resident to get advice, but we can only expunge Ventura County convictions.
Do I have to be a CITIZEN to get help?
No. However non-citizens should always get legal advice from an immigration attorney prior to expunging their record to ensure it is the best step to achieve their goals.
WHY SHOULD I DO THIS? What are the benefits of misdemeanor expungement in CA?
- It will result in a new entry in the court record showing the dismissal of the case;
- You can truthfully and legally answer “NO” on almost all job applications when asked if you have ever been convicted of a crime.
- Your expunged misdemeanor case will no longer show up on a typical employer or landlord criminal background check.
- NOTE: in some cases, if you are applying to work for the government, you may still need to answer questions about your criminal record, however, it will be favorable that your case(s) have been expunged.
- In almost all cases private employers cannot ask about a misdemeanor case that has been expunged, nor can a conviction that was dismissed be considered for employment purposes. You can greatly increase your earning capacity by becoming eligible for more employment opportunities.
- You may become eligible for many types of professional licenses and certificates
- You may become eligible for student loans if you were denied a federal student loan because of a drug conviction.
- You may become eligible for housing assistance.
- You can tell friends and family that you have not been convicted of a crime.
- You have the satisfaction of forgetting the past for good and moving forward into a more positive future.
WHAT KIND OF MISDEMEANORS CAN BE EXPUNGED?
Most misdemanors can be expunged if you meet the following conditions:
- You were charged and convicted in state court, not federal court.
- Your sentence did not involve going to state prison. County jail and holding cells are NOT state prison.
You have successfully completed probation, or if you were not given probation, one (1) year has passed since your - conviction date. Early termination of probation is also possible.
- You have satisfied all the requirements of your sentence (paid all fines and restitution, completed mandatory programs, community service and classes, etc.).
- You are not currently being charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense.
VENDORS: Can I get help for a conviction for “sidewalk vending, or unlawfully selling goods on the sidewalk.”
Yes!
COURT: Do I need to go to court to complete this process?
Possibly. Most misdemeanors can be handled without any court appearances. However, you may want to request a hearing – speak to one of the volunteers about this. Felonies do require a hearing.
CITIZENSHIP: Will an expungement of my record help me get my citizenship application approved?
A little bit. Even when expunged, Immigration Services will still SEE the original conviction and will take that into consideration in any application you make for an immigration benefit. However, the fact that the Court permitted you to Expunge the case is usually taken as confirmation that there are no outstanding issues in the case (all fines paid, all jail time served, etc.) and so it is a tidy way to demonstrate case completion and, to a small degree, being the recipient of judicial grace, having received the benefit of a grant of expungement.
WHAT SHOULD I BRING WITH ME?
- It would be recommended that they bring their case numbers with them IF they have them; if not, we should be able to look them up, but sometimes we have tech difficulties – so it would have been helpful to have a printout, which they can request from Court Records or the PDs office. However, eventually, evidence of rehabilitation may be required, such as a description of your life after your conviction, classes completed, community service performed, or letters explaining why you need or deserve an expungement. If you bring them to the clinic, the attorneys can review them and offer suggestions.
- CAN I CALL AHEAD of time to ask if I’d be a good candidate for this clinic?
Unfortunately, you cannot call any clinic volunteers at this time. Please call the Public Defender’s Office for case-specific questions.. Additionally, you can request assistance by phone, Zoom, email, or scheduling an in-person appointment with the Ventura Superior Court’s free Self-Help Legal Access Center (SHLAC).
WILL BILINGUAL STAFF BE AVAILABLE?
- Yes, Spanish-speaking attorneys will be available.
WHAT EXPUNGEMENT OF YOUR RECORD DOES NOT DO?
- Your record is not erased
- Your record will show the charge as “dismissed,” instead of “convicted.”
- Gun rights are not restored.
- If your crime requires sex offender registration, you still must register.
- You will still be subject to immigration consequences for the crime.
FELONIES: At the top, it said that some felonies can receive reductions. What does that mean?
– If you were convicted of a felony “wobbler,” an offense that could be charged as either a felony or a misdemeanor, you may be able to petition the court to have the felony reduced to a misdemeanor (Penal Code 17(b)) if you meet the following requirements.
- The felony must be a “wobbler.”
- You must have been given probation, and were not sent to state prison.
- You must have completed probation successfully.
- If you served any time in state prison, (county jail doesn’t count), you’re not eligible.
- Gun rights are restored.
When and where does this happen?
Oxnard College, 4000 S Rose Ave, Oxnard, CA 93033
9am - 3pm the last Sunday of every month
