What is Expungement?

One of the questions we receive most is what the expungement process involves.  Check out this brief slideshow on What the Petition for Dismissal Does to better understand what this process can accomplish.

Am I Eligible?

Another question we get on this subject is whether someone qualifies for this process.  Check out this short slideshow if you are asking Am I Eligible for Expungement?

How Do I Fill Out the Forms?

If you decide you want to petition the court for dismissal of an eligible offense, check out this presentation which answers How Do I Fill Out the Forms?  

Look below in the section titled Required Forms and Info to download the forms for your case.

I Filled Out the Forms, Now What?

Now that you have filled out your forms, you will need to provide copies to the District Attorney and Probation Department, then file your forms with the court.  Read here if you are asking How do I Serve and File my Paperwork?

I Have Questions You Didn’t Answer…

If you have questions that weren’t addressed above, you may want to check out our Frequently Asked Questions presentation.  If you still have questions that weren’t answered in this presentation, please consider signing up for our workshop on this subject.

Required Forms & Info – Where to Find Your Cases and More

Your Case Information

The information you need to fill in your forms is available online.  To access your case information on the Kern County Superior Court website, you can visit this link and look up your case information using your name or case number.

Forms

The slideshow mentions information you will need and the documents required for the process.  Click here to download the documents – the CR-180, and the CR-181.   The CR-180 is how you request that the court turns your conviction to a dismissal.  The CR-181 is what the court will use when they grant or deny your request.

Special forms are required if you meet certain criteria.  If you were sentenced to time in prison for your conviction, your fees and fines are paid,  and more than 2 years have elapsed since your sentence was completed, have no new pending charges, and you are not currently on supervision (parole, probation, etc.), you can CLICK HERE to download a Petition for Dismissal and Order for Dismissal on pleading paper.

Click here to download a Proof of Service. If you serve your documents via email, you will need a Proof of Service – Electronic.  The Proof of Service gets filed with your CR-180 and CR-181 after copies of the CR-180 and CR-181 are Served on the Kern County District Attorney’s Office and Probation Department.

Available Hearing Dates

Here are the Motion Schedules for Criminal Courts in Kern County, including an FAQ section.  You can use this schedule to help confirm available dates for your hearing, in Bakersfield or any branch location.

I’m confused about the order things happen in the process.  Can I get extra clarification?

We help put on a monthly workshop held via Zoom on this topic.  It is held at 10:30 AM, on the first and third Friday of every month.  CLICK HERE TO REGISTER.

You can also visit the Kern County Law Library during its normal hours of operation to request that members of staff assist you in finding your case information, reviewing documents for obvious incompletion/inaccuracies, and use of our printing/photocopying (charged at fifteen cents per page, cash only).

Seal Arrest and Related Records

If you have already completed the process of expungement, or you have been arrested but your arrest did not result in a conviction, you may also want to petition the court to seal the arrest and related records.

You may download instructions for that process below.

Steps to Follow

Here are the instructions if you are looking to Seal and Destroy Arrest Record – Misdemeanor

Here are the instructions if you are looking to Seal and Destroy Arrest Record – Felony

If you want to bring your petition in a court outside of Downtown Bakersfield, contact us at info@kclawlib.org for details, or review the motion schedules in the section above to see available dates for hearings.

You have a choice of forms to use when you petition to have your arrest record sealed.

Forms

You may use the Judicial Council Petition and Order, or you may use the Kern County Local Petition and Order.  Feel free to review both sets of documents and decide which works best for you.  You can use the same Proofs of Service linked above in the section on Expungement.

Service Information

Here is the Kern County District Attorney Service Information. 

Here is the Service Information for Kern County Police Departments

Be sure to contact the arresting agency for the arrest/related records you are looking to have sealed to confirm which methods of service they are currently accepting.  Personal service is generally required, but you may have other options you can discuss with their staff.