Criminal Expungement

If you were convicted of a crime in California, under certain circumstances you can petition the court for an expungement of your record under California Penal Code section 1203.4.

An Important Point about Expungement in California

The word “expungement” is a bit misleading. “Dismissal” is a better term to describe what will happen if the court grants your petition under P.C. 1203.4. Why? An expungement implies that a record of your criminal conviction is completely erased. That won’t happen in California. Rather, your conviction record will be updated to reflect that the guilty plea was withdrawn, a “not guilty” plea was entered in its place, probation was terminated, and the case has been “dismissed.”

If someone does a background check on you, even after a dismissal, they still may see that a conviction took place. But they will also see that it was later successfully dismissed.

What do I need to do first?

First, you must have completed all the terms and conditions of your probation. That means you can’t be on probation in this case or any other. Also, make sure you’ve completed any alcohol or substance abuse programs, and any anger management classes. You must have paid all fines, fees, and any restitution payments ordered by the court. If you were denied probation, you can still obtain a dismissal, but you still can’t be on probation or serving a sentence for any other case, plus you’ll have to wait a year after your conviction before applying.

What are the benefits of a dismissal?

There are numerous benefits to getting your conviction dismissed. When applying for a job in the private sector, you can lawfully answer “no” if asked whether you’ve has been convicted of a crime. However, to be safe you may wish to answer “Yes – Conviction Dismissed.” If you are applying for a state license such as a contractor’s or real estate license, you still have to disclose it. Basically, you are allowed to get a government license, but you are obliged to provide information about your conviction and the eventual “expungement” while applying for it.

What Will Be The Effect of Having The Petition Granted?

The most common reason for obtaining relief pursuant to PC1203.4/1203.4a is to allow the previously-convicted person to state on non-governmental employment applications that they have not been convicted of a felony.

However, the record of conviction continues to exist and continues to have certain effects. A clearance of this type does not eliminate all possible adverse consequences or release a person from all “penalties and disabilities” resulting from the charges in the case:

Information relating to the case may be available to others when the release of such information is authorized by law.
A dismissal pursuant to PC 1203.4/1203.4a does not relieve a person of the obligation to disclose the conviction in response to direct questions contained in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery.
A dismissal pursuant to PC 1203.4/1203.4a will not avoid suspension of one’s driving privilege as set forth in Section 13555 of the Vehicle Code.
A dismissal pursuant to PC 1203.4/1203.4a will not permit the person convicted to own, possess, or have in their custody or control a firearm, and will not prevent a person from being convicted under Section 12021 of the Penal Code (person prohibited from possessing a firearm) in the future.

Keep in mind that if you are arrested and or charged with a new crime, the “expunged” convictions can be used against you in sentencing. In addition, on all government forms, you must reveal (upon request) your expunged criminal convictions, and you will still not be able to possess a firearm. Your criminal history will still show your conviction even after your records are expunged, which will be open to the FBI and other governmental bodies.

Can all California convictions be set aside?

No, but most can. Here’s how you wouldn’t be eligible:

If you were convicted of certain sex crimes including:

C. 286(c), 288, 288.5, 288a(c), or 289(j) or a felony under P.C. section 261.5(d);
If you were convicted of certain Vehicle Code violations under 42002.1 and 42001;
If you were sentenced to a state prison term, even if that sentence was suspended (former state prisoners should instead seek to vacate their conviction or seek a certificate of rehabilitation or pardon).

Who is Eligible?

Anyone who has paid all court-ordered fees, fines, and victim restitution and meets the following criteria:

PC 1203.3 – All conditions of probation have been completed.
PC 1203.4 – All conditions of probation have been completed.
PC 1203.4a, PC 1203.41 – All terms of sentencing have been completed.

Who is Not Eligible?

A person is not eligible for a record clearance of this type if any of the following conditions exists:

The person is serving a sentence for any offense, is still on formal or informal probation for any offense, or is charged with the commission of any offense.
The person was arrested and convicted of a crime within one year of the pronouncement of judgment.
Probation for the current application was revoked and not later reinstated.
The person has failed to appear or failed to pay fines to the Department of Motor Vehicles.

Do I need to fill out any paperwork?

Yes, you’ll file a Petition for Dismissal in the county where you were convicted. In the Los Angeles area, it’s with the Clerk of the Court for Los Angeles County. You will receive a hearing date where the judge will consider whether to grant your petition.

If you need assistance with “expunging” your criminal record in California, please contact us.

We charge a flat rate of $300.00 to do all of the paperwork for you.

The Court will impose a filing fee as noted below:

If no probation was imposed at the time of your sentence, the filing fee is $60.00.
If a probation term was given at the time of your sentence, the filing fee is $120.00.
There is no fee to file PC 1203.3 and/or PC 17(b).
Fee waivers are available to those who qualify.

If for any reason, your petition is not granted, the above fees are not refundable.