If you were convicted of a misdemeanor or felony for which you did not serve time in a state prison, you could be eligible for an expungement. An expungement has many benefits, and if you qualify, it can give you a fresh start without the burden of your conviction. However, not every offender qualifies for an expungement. An attorney can evaluate your situation and advise you whether you are eligible to have your criminal conviction expunged.

Understanding An Expungement

An expungement is a legal remedy that enables you to petition the court to drop your past conviction, effectively clearing your criminal record. According to Penal Code Section 1203.4, an expungement allows you to withdraw a plea of guilty or no contest. In this case, you will get a chance to enter a plea of not guilty, ultimately leading to the dismissal of your case. This process offers you great relief by removing obstacles related to housing, employment, and personal growth, giving you a new beginning. 

Expungement does not remove the conviction entirely from all the records, but it annotates the record to show that the court dismissed your conviction. This is beneficial if you are seeking to improve your life circumstances without previous mistakes continually affecting your opportunities. Non-governmental employers can not ask if you have dismissed convictions or sealed arrests. The law allows you to answer “No” to the question, “Have you ever been convicted of a crime” if the employer is not a governmental agency.  

The qualification for expungement hinges on the absence of any new criminal charges, completion of probation, and fulfilment of all sentencing requirements. Legislative changes have also broadened the scope of individuals who can pursue expungement. This has made the relief accessible to more people. 

Understanding the benefits and process of obtaining an expungement is vital for people seeking to make informed decisions regarding their employment, education and lives in general. An attorney can help get a Petition to Dismiss a conviction or a Petition to Seal and Arrest get granted sooner by following the statutory and court rules properly.

Factors That Can Affect an Expungement

Various key factors determine eligibility for expungement. People facing multiple charges can seek expungement, but certain elements must be considered before the expungement can be approved. This includes:

Interests of Justice

Some convictions cannot be expunged unless the Judge determines it is in the “interest of justice” to dismiss the Defendant’s conviction.  DUI charges are one of the offenses that cannot be dismissed under Penal Code section 1203.4 unless the interest of justice is shown.  Other offenses like theft, assault or drug charges, do not have this requirement.  Convictions for such charges must be dismissed if the Defendant completed probation successfully with no violations. The judge has no discretion in such cases!   

Completion Of All Legal Obligations

A defendant seeking an expungement must show that he/she has fully adhered to the conditions of their sentence. You can only qualify for an expungement if you complete all the obligations related to your crime and probation is over. This includes paying fines, restitution, and completing any court-ordered programs. Your expungement request can be rejected if you fail to comply with these obligations. 

The Outcome of Your Case

The judge’s ruling on your case will play a crucial role in eligibility for expungement.  If you were not “convicted” then you cannot dismiss a conviction that never existed.  For example, if you case was diverted (you were placed on diversion and earned a dismissal), you may be able to seal the arrest but there is no conviction to expunge.  Similarly, if you were acquitted of the charges you could petition to seal your arrest but there is no conviction to “expunge”.  

No Additional Criminal Charges

Having additional criminal charges for misdemeanours or felonies can negatively affect your petition for an expungement if they involved arrests or convictions during the time you were on probation for the case you are wanting to expunge. Technically, if your expungement case is not one that requires a showing that granting it is “in the interest of justice”, then the law requires the Judge grant the Petition as long as you never technically violated probation and you successfully completed all probation terms.  If the interest of justice needs to be shown, then the Judge could use other criminal charges as reasons to deny the request.   You should consult your criminal defense attorney to verify if you are eligible to have your conviction dismissed (“expunged”) or your previous arrest sealed. 

Passage Of Time

There is no fixed period after which you can apply for expungement, but you must have completed probation. This ensures that you demonstrate good conduct by completing probation and honoring probation conditions. The probation period can differ based on the nature of the charges and crime. 

Type Of Offense

The type of offense committed is the primary factor in determining whether you can expunge your record. Under California law, not all crimes are eligible for expungement. There are certain sex crimes that are not eligible. Prior to 2023 you would have been ineligible if you served prison time, but after Senate Bill 731 passed in 2023, people who served their time are now eligible if they wait at least 4 years, paid any restitution, did not pick up new cases and have no new pending charges.   

If you were convicted of a qualifying misdemeanor or a felony, you may be able to pursue an expungement if you meet the following requirements:

  • You have fulfilled all court orders like completing community service, paying fines, and enrolling in counseling or anger management programs. 
  • You are not currently serving a jail term, facing probation, or on probation 
  • You have no pending criminal charges. 
  • You have successfully completed probation. You can request early termination if you are still on probation before you file for an expungement. 
  • You do not have to register as a sex offender

When filing a Petition to Dismiss a Felony, your attorney should determine if you are also eligible to reduce the felony conviction to a misdemeanor and then dismiss.  This can be requested as part of the expungement if you were convicted of a wobbler. 

You must also wait at least one year post-conviction to file for expungement if you were convicted with no probation.  

You can sometimes be eligible for expungement after two years if your conviction consists of a state prison sentence. You should, however, consult a criminal defense attorney to determine when you will be eligible to file an expungement petition.

Petition Properly Filled Out And Filed

You must fill out the petition to file it with the court after all other factors have been considered. The prosecution must also be served.  You should avoid mistakes, which can cause the court clerk to reject the expungement Petition. The following information is needed when filling out the petition:

  • A description of your charges
  • The prosecutor who filed your case
  • The circuit court where you were convicted
  • The case number
  • The date you were convicted, and 
  • Your driver’s license number

Your expungement petition will go through if all the above elements are true and handled appropriately. 

The law specifies that certain types of offenses do not qualify for expungement. These crimes include lewd acts with a minor, child pornography, and serious sexual crimes. However, legislative changes like Senate Bill 731 have widened the scope of people eligible for automatic expungements. This has enabled more people to clear their records from July 1, 2023.  

The Procedure of Filing An Expungement

The following are some of the steps you should follow while filing for an expungement:

Learn Expungement Laws or Consult Your Attorney

It is essential that you first learn the expungement laws of your state. The law demands that you file for an expungement at the court that imposed a conviction. Your criminal defense attorney can guide you through this step.

Complete Probation and Pay Fines

You can only apply for an expungement if your criminal case is complete. This includes completing any probation, paying court costs and fines, and completing any other judge-ordered terms. 

Gather Documents for Your Expungement Petition

Obtain all the necessary documents for your expungement petition. You can secure the documents from the court records or ask your attorney.

Prepare Order of Expungement

You will be required to file the papers with the Court and you must also serve the District Attorney or City Prosecutor. You must include an ‘’Order of Expungement”, which the judge must sign. 

The Hearing

The judge will set the hearing in which he/she will decide if you qualify for the expungement. 

Whether You Can Expunge Your Record If You Are on Probation

The law allows you to file for an expungement even on probation. You can file a motion for an early termination of your probation at any time under California Penal Code 1203.3. You can request the judge to expunge the underlying conviction if he/she finds it in the interest of justice to terminate your probation early. The two requests can be made at the same time. 

There are no time limits on when a PC 1203.3 early termination motion can be filed. However, you should complete at least half of your probationary term before attempting early termination of probation. This will enhance your chances of success. A criminal conviction can be expunged one year after the conviction date. In this case, you should wait to file for early termination of probation after one year in probation. You should ensure you fulfill all the sentence requirements, including community service, participation in all classes and programs, and payment of all fines and restitution. You can easily avoid other offenses if your probation is terminated early and your record is cleared. 

Whether Probation Violation Can Make You Ineligible for Expungement

You still qualify for an expungement under 1203.4 if you have a probation violation. However, it is up to the judge's discretion to decide if you are entitled to the relief. The judge will take into account the following factors when determining whether to offer you an expungement:

  • Your conduct and performance while on probation
  • Your past criminal record
  • The severity of your underlying conviction
  • The egregiousness of the violation
  • The evidence presented in court indicates that you qualify for an expungement, like your general involvement and standing in your community, your need to provide for your children and other family members, and how your record prevents you from securing a gainful job. 

Life After Expungement

Expunging your record can be life-changing because it can open opportunities that seemed impossible. Some of the possibilities you can look forward to include:

A Renewed Sense of Freedom

Psychological relief is the most rewarding benefit of expungement. Bearing the burden of a criminal conviction can strain your self-esteem and confidence. Expunging your criminal record allows you to move forward without the shadow of previous mistakes. This will enable you to build a new chapter in your life.

Restored Civil Rights

Clearing your record can restore certain rights, like the ability to serve on a jury, depending on your case. This can allow you to participate in the community without limitations tied to your criminal record.

Enhanced Quality of Life

Clearing your criminal record is not mere paperwork. It is about peace of mind. You can confidently apply for housing, employment, or volunteer opportunities without fear of rejection if your record is cleaner than it was before. 

Easier Access To Professional Licenses

If your goal is to work in fields like real estate, finance, or healthcare, an expungement will make securing the licenses needed for those careers easier. A new record will assist you in pursuing your goals without unnecessary roadblocks. 

Better Housing Options 

You will face minimal barriers when looking for a place to stay if your criminal record is clear of convictions. A prospective house owner carrying out background checks will see a dismissed conviction. This will give you a fair chance at securing stable and safe housing. 

New Career Opportunities

You can legally tell a prospective employer you have not been convicted of the expunged crime if you no longer have a conviction. This can open the doors to employment opportunities you had been excluded from.

Find a Skilled Expungement Attorney Near Me 

A criminal record can adversely affect your ability to obtain a job, secure housing, or apply for a professional license.  Depending on the circumstances of your case, you could qualify for an expungement of your criminal record.   

Call Attorney Ann Gottesman, an experienced criminal and DUI defense lawyer, for advice about filing a Petition to Dismiss your conviction or a Petition to Seal arrest.  She has helped many of her clients clean their records over the 19 years she has been an attorney!  You can reach Ann directly at 626-710-4021.