How to Expunge: Truancy Charge in CA

Understanding Truancy Charges in California

Truancy laws and policies for public school students in California are designed to encourage consistent and timely attendance. Consequences for truancy can include disciplinary action, fines, and a negative impact on a criminal record.

California law applies these policies to students between the ages of 6 and 18 years who are frequently absent or tardy without a valid reason. Parents are also responsible for ensuring their child attends school and can face penalties for failure to do so.

For example, the parent may be required to attend mandatory hearings with the child and a school attendance liaison, or the case may even be referred to the District Attorney if extreme intervention is required.

Such actions come into the picture when there is a truancy incident after a student's fourth unexcused absence, which means a report was previously made to a school superintendent or attendance supervisor.

As California Penal Code 272 reads, "Any person who commits an act or fails to perform a duty that contributes to a minor becoming a delinquent, a habitual truant, or a dependent child of the juvenile court is guilty of a misdemeanor."

Eligibility for Expungement

Individuals convicted of truancy in California may be eligible for expungement if they meet certain criteria. This is because a criminal conviction for truancy, as well as certain other misdemeanors and felonies that did not result in a state prison sentence, does not fall under the category of offenses that cannot be removed.

To be eligible, the offender must have completed the prescribed county jail sentence, probation, and any other court-ordered obligations. Additionally, the requester cannot have any pending charges or be on probation for another offense. Note that criminal charges associated with felony offenses are notoriously more challenging to expunge than those associated with misdemeanors.

Examples of Ineligible Offenses

While a parent who faced misdemeanor charges for a child's truancy is an example of someone who can get their criminal history erased, people who commit certain grievous offenses cannot access the same kind of pardon. Those who fall under this umbrella will typically have committed sex crimes, such as:

Sodomy with a child (California Penal Code 286(d))
Statutory rape (California Penal Code 261.5(d))
Lewd acts with a child (California Penal Code 2888)
Oral copulation with a child (California Penal Code 287(c))

The Expungement Process

What does someone looking to clear their criminal records need to do?

Step 1: Collect necessary records, including arrest and police reports, to establish identity and the case in question.
Step 2: Prepare the expungement petition and file it in court, which may involve filling out a Petition to Dismiss or a Motion to Terminate Probation.
Step 3: Attend the expungement hearing and resolution, where a judge will review the petition and make a decision. If successful, the guilty plea or verdict will be set aside, and the matter will be dismissed.

The offender may need to serve the petition with the District Attorney or the probation department and pay a filing fee, which may be waived if it cannot be afforded.

Benefits of Expungement

What are some of the reasons a convicted person may choose to pursue this process? Consider the following benefits:

Expungement can provide the potential for a fresh start and a second chance to rebuild a life that seemed lost.
It can also reduce the consequences of a truancy conviction, including the stigma and negative impact on employment and education opportunities.
With an expunged record, a person who was previously convicted can answer “no” to questions about having prior convictions on job applications and other forms.
There is also an element of peace of mind that would have been lost, which can be restored as a true path to a potentially better future presents itself.

Alternatives to Expungement

Even if there were no heinous sex crimes committed, not everyone is eligible for expungement. Sometimes, cases were simply dismissed. Alternatively, an arrest may have taken place with no subsequent criminal charges being filed. In other cases, a defendant may simply have been acquitted or found not guilty.

Such scenarios may mean the defendant can have their arrest records sealed. There may also be the potential for a certificate of rehabilitation to be requested. Note that these alternatives are not as effective as expungement. They are simply being highlighted as a possibility for those who have no other choice.

Finding an Expungement Attorney

Hiring an experienced expungement lawyer in California is crucial to the success of these cases. Our criminal defense lawyer can help a client navigate the complex expungement process and ensure that they meet the eligibility criteria. Legal professionals can also represent their clients in court and advocate to the judge and prosecutor. They can also consult on how to expunge trespassing charge in CA.

Look for an attorney who has experience with expungement cases and a track record of success. There will usually be an indicator of a commitment to excellence. For example, Goss Law doesn't charge clients to take their cases to trial unless the agreed and expected resolution is achieved. They are able to provide insight on how to expunge robbery charge in CA as well.

The Limitations of Expungement

Since expungement allows for the clearing of records, some persons erroneously believe that it is a magic bullet that absolves them of all associated consequences of their prior actions. Note that there are limitations to what the process can achieve, which include:

Under California's three strikes law, the conviction can still be used as a point of reference.
The decision to bar a person who is convicted from holding a public office will not be overturned.
If a conviction requires registration as a sex offender, expungement does not change that.

Schedule a Consultation Today with One of the Best Criminal Defense Attorneys California Has to Offer!

Student attendance is very important, and the state of California has laws in place to reinforce its view on public education. A series of combined unexcused absences may have created a situation where you bear a truancy conviction. Thankfully, the law also allows you to benefit from the process of expungement, so long as you are eligible.

At Goss Law, we are resolute in helping our valued clients reclaim a life that affords them the opportunities they deserve. If you want to know more about your eligibility and what the process may look like, schedule a consultation with us today!