Expungements

 

California Expungement Law

California Penal Code 1203.4 provides that once an individual's criminal record is expunged, the person is released from "all penalties and disabilities" arising out of the conviction.

If you were convicted of an infraction, a misdemeanor, or a felony and were given county jail time, probation, a fine, or a combination of those three, you can petition the court to expunge your criminal conviction.

Upon a proper motion to dismiss (expunge) your criminal conviction, the court may withdraw your guilty or no contest (nolo contendere) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. The court will then set aside and dismiss the conviction. From that point forward, you are no longer considered convicted of the offense and your criminal record will be changed to show a dismissal rather than a conviction.

Am I Eligible For An Expungement?

You are eligible for a dismissal of a conviction, and the court will expunge your conviction, if:

    • You received probation for that conviction and:
        - You successfully completed probation or early release;
        - You also have paid all the fines, restitution, and reimbursements ordered by the court
           as part of your sentence;
        - You are not currently serving another sentence or on probation for another offense; AND
        - You are not currently charged with another offense

    • You never received probation and:
        - Your conviction was a misdemeanor or an infraction;
        - It has been at least one year since the date you were convicted;
        - You have complied fully with the sentence of the court;
        - You are not currently serving another sentence;
        - You are not currently charged with another offense; AND
        - You have obeyed the law and lived an honest and upright life since the time of
          your conviction.

You are eligible for a dismissal and the court has the discretion (choice) to expunge your conviction if:

    • You received probation but you did not get an early release, did not fulfill all the conditions of
       probation, or were convicted of any offense listed in Vehicle Code section 12810 (a) to (e) BUT:
        - You have paid all the fines, restitution and reimbursements ordered by the court as a part of
          your sentence; AND
        - You are not currently charged with, or on probation for, or serving a sentence for any other offense.

You are NOT eligible for a dismissal and the court will not expunge your criminal conviction under Penal Code section 1203.4a if you were convicted of any of the following offenses:

    • Any misdemeanor within the provisions of Vehicle Code section 42002.1;
    • Any infraction within the provisions of Vehicle Code section 42001;
    • Any violation of Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j); or
    • A felony under penal code section 261.5(d).

Additionally, if you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation, you are not eligible for a dismissal under Penal Code section 1203.4 or 1203.4a. However, you may be eligible for a certificate or rehabilitation or a pardon.
 
To learn more about expungements, your options, and for a free one hour initial consultation, contact us right away at (619) 800-1166 or email us.

 

 
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