Got a criminal record? Here's how to clear it up for little or nothing

Yahoo

04-05-2025

When Khalil Ferguson started offering free expungement clinics in Oak Park five years ago, he saw firsthand how a conviction — even one from decades ago — could shadow someone for life.
One of his clients came to him in 2022 with more than 15 convictions dating back to the 1970s when he tried to feed a drug habit he had since beaten. His record had been spotless since 2000, Ferguson said, and he had stable employment.
He wanted peace of mind that the convictions wouldn't pop up in a future background check, said Ferguson, who has worked with a number clients whose dreams of financial success were crushed when exactly that happened.
'Several folks have come to me saying, 'I need to get a better job. They just denied me because of my criminal record. Can you help me?'' Ferguson said.
Expungement, the legal process of clearing a criminal conviction from public view, has become increasingly accessible in California — but many residents in Sacramento and elsewhere still don't realize they qualify or that help is available for free or at low cost.
Studies show it can boost employment prospects and reduce recidivism.
Contrary to what the term implies, an expungement in California doesn't erase a criminal record entirely.
'Most employers are not going to see the arrests, prosecution and expungement on a criminal background check,' said John Stoller, supervising assistant public defender for Sacramento County. 'If you're applying for a manager position at Rite Aid, they're probably not going to see it. But if you are applying to be a dispatcher at a police department or need a security clearance at the county, they're probably going to see it.'
What expungement actually does is change the official court record to reflect that the case was dismissed, Stoller said, and this can significantly improve a person's chances when applying for jobs, housing or professional licenses.
Under Penal Code section 1203.4, most people who have completed probation or served time — whether in county jail or even state prison under new laws like Senate Bill 731 — may be eligible.
Stoller's office filed more than 1,100 expungement petitions last year and offers weekly free clinics at multiple locations, including Loaves & Fishes and Mather Community Campus.
'We offer expungement services to anyone with a conviction in Sacramento County,' Stoller said. 'You don't have to live here now. If your conviction is from here, we'll help you — completely free of charge.'
While some private attorneys charge thousands of dollars for the service, some nonprofits and county public defender's offices will help residents for free or at low costs.
Public defenders in Sacramento County, for example, not only fill out forms, but they ensure their clients pay no court fees and avoid the cost for securing their RAP sheets, short for record of arrests and prosecutions.
Yolo and El Dorado counties also have staff in their public defender's offices who assist those trying to clean up records in their jurisdictions. In Placer County, the nonprofit Legal Services of Northern California offer legal help for free, but clients will have to provide the RAP sheet and cover some court costs.
Ferguson is seeking funding to both continue and expand the work that his nonprofit, United Core Alliance, has provided. To help the client with 15-plus convictions, he said, a lawyer and paralegal spent about 30 hours over six months to get everything they needed to write a solid personal statement, or declaration.
'He initially provided general background information about his life post-incarceration, but we needed specific facts to demonstrate community rehabilitation, given the client's extensive criminal background,' Ferguson said. 'So, we went back and forth communication-wise for months … until we had sufficient information to complete the client's declaration.'
Ferguson, who studied economics and international relations as an undergraduate, shared a Stanford University study showing that, within three years, the benefits of expungement will outweigh the costs as governments begin to enjoy the increased tax revenue and economic activity from easing ex-offenders back into the workforce.
However, a 2001 survey of Los Angeles employers found that only 20% of them would 'definitely' or 'probably' consider a job application from an ex-offender. A lack of stable employment is a major predictor of continued criminal conduct.
The expungement process varies depending on the conviction, Stoller said. Misdemeanor expungements are often automatic if probation is completed. Felonies can require a judge's approval, especially if the sentence included jail or prison time.
At the Sacramento County Public Defender's Office, expungement begins with an interview, usually during a walk-in clinic or via email. Legal staff here will help clients pull their RAP sheets and assess eligibility, but at other county's or nonprofit's sites, clients may be required to download and bring those documents with them.
Attorneys or staff will advise clients if they need to write a personal statement about why expungement matters to them or provide letters of recommendation from friends, family, or employers.
'We tailor these letters for the judge,' Stoller said. 'We want to show the judge that this person is really trying. If we don't hear back after a few months, we have to close the file.'
Christine Morse-Fitch, a criminal defense attorney and professor at Sacramento State, believes the process should be even simpler.
'We have cars that drive themselves. We have ChatGPT that can write a dissertation in four seconds,' she said. 'So I'm confident that we have somebody who can write a program that will say, 'OK, if this person doesn't have any more run-ins with the law after whatever period of time, this is expunged.''
Many people don't realize that, if they can keep their records clean after release, they can request early termination of probation and apply for expungement, she said.
'It can be a motivator. It can be a carrot,' she said. 'We just don't have enough people out there to educate people and to give them this information and this hope.'
▪ Sacramento County Public Defender's Office holds weekly walk-in clinics from 9-11 a.m. Tuesdays at Loaves & Fishes, 1351 North C St.; from 10 a.m. to noon Wednesdays at Mather Community Campus, 10626 Shirra Ave.; 2-4 p.m. Tuesdays at the Sacramento County Administration Building, 700 H St. You can email [e-mail] to get started.
▪ In Placer County, Legal Services of Northern California conducts 'clean slate clinics' at no cost for individuals whose household income falls below 200% of the federal poverty guidelines, or $64,299 or less for a family of four. Participants must provide a record of arrests and prosecutions —RAP sheet, for short — prior to registration. Contact the nonprofit at [e-mail] or 530-823-7560.
▪ A paralegal at the El Dorado County Public Defender's office will answer questions and provide guidance to individuals trying to clear offenses in that jurisdiction. Call [phone].
▪ The Yolo County Public Defender's Office invites those seeking to expunge their records to in-person clinics twice a year, usually in the spring and late summer. Sacramento and Solano counties also have sent representatives to the events.Want to confer with the Yolo public defender now? Visit YoloCounty.gov/Expungement to learn how.
▪ The nonprofit Capital Pro Bono will assist with seeking expungements for misdemeanor offenses. Call 916-551-2155 or go to the website and fill out the 'contact us' form.