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The difference between State Prison and County jail comes down to the definition of duration of the term. County Jail generally houses inmates that are serving time that is less than a year. Also housed in county jail are inmates that are awaiting their sentence, so they are currently making appearances in court and were unable to make bail. In comparison, State Prison is for inmates serving lengthier sentences on crimes that are more severe in nature.

Previously, expungements were not available to anyone who served time in prison. However, the laws on expungement have recently changed to reflect the practicalities of Proposition 47. 
Proposition 47 allows our attorneys to apply for the reclassification of certain felonies as misdemeanors. Once these felonies are reclassified under Proposition 47, our attorneys will apply for expungement under Penal Code § 1203.42.

Under Penal Code § 1203.42, one may seek relief even if the conviction at issue is now punishable by a county jail sentence.  This means that even if someone served time in state prison for a felony conviction, that person can seek expungement if the underlying conviction is now a misdemeanor. In addition to the reclassification, there are a few more requirements under Penal Code § 1203.42 that must be met.

•    First, at least two years must pass after the applicant finishes his or her sentence, probation or post-release community supervision.

•    Second, the conviction cannot be for a serious or violent felony or certain sex offenses involving children.  A serious felony is one listed under Penal Code § 1192.7(c) (including any felony accomplished with the use of a firearm).  A violent felony is any crime listed under Penal Code § 667.5(c).  The sex offenses at issue include, but are not limited to, Penal Code §§ 261.5(d) (statutory rape when defendant is over 21 and the victim is under 16), 288 (lewd acts with a child), 288a(c) (oral copulation with a child) and 286(c) (sodomy with a child).

•    Third, the applicant may not be currently charged with a crime, on probation or supervised release or serving a sentence for a crime.  It merits mention that if someone was assigned parole recently, parole is reserved for those convicted of serious or violent felonies.

Obtaining an expungement is critical in the world today. As such It is imperative one hires a Law Firm that will fully understand felony record expungement law in California. Here at Expunge My Record CA we will take the time required to understand your unique situation and create an individually tailor approach providing our client’s the best chance at a successful outcome when working to have your felony conviction expunged.