How to Expunge: Trespassing Charge in CA

Many people see trespassing as ignoring prohibitive signs and accessing a restricted area. They are even often under the impression that such acts can only result in a criminal conviction if the property is commercial.

Below is a look into the legal definition of the offense, as well as the potential for getting an associated conviction expunged if doing so becomes necessary.

How Does California Define Trespassing?

Under California law, trespassing speaks to the act of willfully entering a property where there is an intent to interfere with the owner's rights. The crime falls under California Penal Code 602, and it can result in either a felony, infraction, or misdemeanor conviction, depending on the circumstances at play.

The recommended course of action to fight these incidents is to hire a criminal defense lawyer, as doing so presents the potential for the best possible outcome. An experienced attorney will attempt to either have the charges for the criminal offense lowered or dismissed altogether. They can also help explain how to expunge curfew charge in CA.

How Are Trespass Crimes Classified?

Depending on the sequence of events that occurred, trespassing can be charged as any of the following:

Infractions - Under Penal Code 602.8
Misdemeanor - Under Penal Code 602
Felony - Under Penal Code 601

These incidents are rarely treated as felony crimes, but when they are, they will typically feature circumstances where a threat of serious injury was made, after which the offender enters the victim's home or workplace within 30 days, intending to carry out the act alluded to before.

A conviction introduces the possibility for different penalties, including:

Probation - This will typically last for one to three years, and it will require submitting to several conditions.
Fines - If a fine is required, the amount will usually depend on the severity of the incident.
Jail or prison sentence - As is the case with the fine, the prison or jail sentence will depend on the severity of the crime, as well as whether it was treated as a felony or misdemeanor offense.

Understanding Expungement and Its Impact on a Criminal Record

Expungement is a legal process that allows convicted individuals to gain a fresh start by cleaning their criminal records. In California, expungement is also known as a “dismissal,” where charges are dismissed, and the case disappears from the offender's record.

Eligibility for Trespass Expungement in California

If a convicted individual is to have their record expunged, they must meet the following eligibility criteria:

Any sentence must have been completed, including any probation or jail time.
All fines and restitution must have been paid.
The crime committed must allow for an expunged record.

Infractions and misdemeanors, such as trespassing, petty theft, and failure to appear in court, may be expunged. On the other hand, crimes, such as sexual offenses with minors and failure to submit to a police inspection of a vehicle, cannot be removed from a record. Note that if the trial and conviction took place at a federal court hearing instead of a state one, expungement is also not possible.

Expunging a Felony Conviction in California

Expunging a felony conviction in California is typically more challenging than expunging a misdemeanor. Only those who served their sentences at a county jail (not a state prison) are considered, and even then, it is an uphill climb. A seasoned criminal defense attorney may attempt to get a felony charge reduced to a misdemeanor for a more favorable outcome.

The Trespassing Expungement Process in California

The expungement process in California involves filing a petition with the court, which must be done in the county where the sentence took place. It requires that the initiating party fills out the correct forms and provides supporting documentation, such as proof of completion of the associated sentence. The court will review the petition and may request additional information or schedule a hearing.

If the petition is granted, the court will change the disposition of the case to reflect a dismissal.

How Long Does Expungement Take in California?

The length of time it takes to complete the expungement process in California can vary depending on the complexity of the case and the court’s workload. On average, expungement can take anywhere from 30 to 120 days. However, the process may take longer if there are any issues or complications.

Fees Associated with Trespassing Expungement in California

There is a filing fee associated with expungement in California, which varies depending on the type of crime. For misdemeanors, the filing fee is $60, while for felonies, it is $120. Note that there may also be a need to pay for additional services, such as court transcripts or document preparation.

Impact of Expungement

Why would someone be interested in having their record expunged? The process can provide beneficial results, such as:

Removing the conviction from the offender's record.
Preventing the conviction from showing up on background checks.
Allowing the offender to truthfully answer “no” to questions about having a criminal history
Increasing the chances of getting approved for loans and jobs

Seeking Expert Legal Guidance for Record Expungement

Expungement can be a complex process, and it is essential to seek expert legal guidance to ensure the best possible outcome. An experienced attorney can help with navigating the process, preparing the petition, and representing the requester in court. They can also explain how to expunge truancy charge in CA.

Schedule a Consultation with a Reputable California Expungement Attorney Today!

Expunging a trespassing charge in California can be a life-changing experience, providing a fresh start and improving a previously convicted individual's chances of success.

By understanding the expungement process, eligibility requirements, and potential consequences, you can make informed decisions about your case.

One of the best ways to get this understanding is by retaining the services of the best criminal defense lawyers in Sacramento CA at Goss Law.

We will also assist you through the execution process from beginning to end, so you can take your life back. Schedule a consultation with us today!