Expunging a child abuse conviction
Having a criminal record can impact various aspects of your life, especially when it involves a serious charge like child abuse. It is possible to have certain criminal records expunged. However, the process for expunging a child abuse conviction is complex and follows strict legal procedures.
Starting expungement
Expungement involves petitioning the court to withdraw a guilty plea or set aside a conviction for those eligible. You must obtain, complete, and file the necessary forms from the court. While these forms vary by case, it’s common to include Form CR-180 (Petition for Dismissal). You may also need additional forms, like a Declaration explaining why you believe the court should grant the expungement or proof that you completed probation
The court will then review the petition and consider factors like your criminal history, compliance with sentencing requirements, and any rehabilitation efforts. If the court grants the expungement, they will dismiss the conviction.
Eligibility of expungement
While not all convictions are expungable, misdemeanors and certain felonies can be. To be eligible, you must also have all of the following:
- Completed probation or has obtained an early termination of probation
- Not currently charged with a criminal offense, on probation for a criminal offense, or serving a sentence for a criminal offense
- Had a felony conviction that did not result in a state prison sentence, and the court reduced it to a misdemeanor
Benefits of expungement
The main benefit of expungement is improving your chances of finding employment or housing. However, expungement does not erase the child abuse conviction completely, and certain restrictions may still apply.
Understanding the criteria and how to go about getting your criminal record expunged is the first step. Even if the expungement process is difficult, it is usually worth it.
