If you have been convicted of a crime you may be eligible for relief. Some convictions can be modified on your record so that when you apply for most jobs, you can legally say that you were not convicted of that crime. Other convictions may be reduced from felony to misdemeanor status in certain situations.

The information is intended to help you with the legal process of cleaning up your criminal record and is not intended as legal advice. The results may vary.

What is an Expungement?

An expungement (also called a “dismissal”) is a way of cleaning up your adult records that limits the information that shows up on a background check. The petition can be brought up at the conclusion of probation. The petition requests the court to allow the defendant to withdraw a plea of guilty or plea of nolo contendere and instead enter a plea of “not guilty”. The court will set aside the verdict of guilty and the court thereupon dismiss the accusations against the defendant, dismissing the case.

It is important to understand, however, that a criminal record is no actually “expunged” under this statute. The dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed. The dismissal does NOT seal the conviction from the public view. The conviction remains on your record for many purposes including sex offender registration and immigration consequences.

Getting a conviction expunged hides the conviction from certain people (for example, some employers, some landlords, credit agencies) when they run a background check on you.  Most private employers are NOT allowed to see a conviction that has been expunged.  Additionally, most private employers CANNOT ask you about or even consider, a conviction that has been expunged when you apply for a job.   Be aware, however, many times a court file still exists after an expungement.  Anyone who knows how to look for a court file may be able to find it.

Petition for Dismissal (Penal Code Section 1203.4 or 1203.4)

This petition is the most common process, typically used for misdemeanors and non-traffic convictions. You are eligible for dismissal of a conviction under certain conditions, except for convictions in which you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation.

A petition for expungement may be a good option if you are looking for a fresh start and improve opportunities for employment, professional licensing or consumer credit.

Find out the Details of Your Conviction

In order to clean up your criminal record, you need to know what is on your criminal record so that you can figure out your options and choose the appropriate forms. If your case has been destroyed pursuant to Government Code Section 68143, you must provide the court with either a copy of the probation order or the criminal history record from the California Department of Justice (RAP sheet).

Who is Eligible for a Dismissal/Expungement?

Convictions for certain crimes can never be expunged.  They are listed in the table below.  You may still be eligible for a Certificate of Rehabilitation even if you are not eligible for an expungement for one of these offenses.  

Penal Code Section	Penal Code Section
Felony 261.5 (d) (* possible relief if sent to local prison)	289(j)
286 (c)	311.1
288	311.2
288a(c)	311.3
288.5	311.11
Vehicle Code Section
Misdemeanor convictions for VC Section 2800, 2801, or 2803 insofar as it affects a failure to stop and submit to inspection of equipment or for an unsafe condition endangering a person.

YOU MAY BE ELIGIBLE IF:

1. You were convicted of a misdemeanor or a felony and were granted probation (formal or informal probation).
   1. You must have completed all the terms of probation.

• You were convicted of a misdemeanor and denied probation or you were convicted of an infraction.
  •  You must wait for one year after your conviction before applying for dismissal/expungement.
  • You cannot be on probation or other type of supervision or be serving a sentence for any other case.  
  • You must not be currently charged with any other offense. (Penal Code Section 1203.4a) 

• You were convicted of a felony and sent to local prison (a prison term served in county jail).
  • You must wait one year after completing a “split” sentence before applying for a dismissal.  The one year starts after you complete all of your mandatory supervision in the community.
  • You must wait two years after completing a “straight” sentence before applying for a dismissal. 
  • You cannot be on probation or other type of supervision or be serving a sentence for any other case.
  • You must not be currently charged with any other offense. (Penal Code Section 1203.41) 

YOU ARE NOT ELIGIBLE IF:

1. You are currently being prosecuted for any offense in any jurisdiction;
2. You are currently on probation (informal summary or formal), mandatory supervision, post-release community supervision, or parole in any jurisdiction.  NOTE: You may be able to ask a judge for early termination of probation and then be eligible to dismiss/expunge the case;
3.  You are currently serving a sentence in any jurisdiction;
4. You were sentenced to state prison for the conviction and you don’t otherwise qualify.

I Went To State Prison On My Case.  Can I Get That Case Dismissed/Expunged?

Maybe.  The law used to be you could not dismiss/expunge a case for which you served a state prison sentence.  The law has changed.

You may now petition to dismiss/expunge a case for which you served a state prison sentence if:

• The case has been reclassified as a misdemeanor under Prop. 47; or    
• The case has been reclassified as a misdemeanor under Prop. 64; or
• You were sentenced to state prison on the case before October 1, 2011, and the case is now the type for which you would be sentenced to local prison (where you serve your prison sentence in county jail).

If you were sentenced to state prison on the case and the case is not eligible to be dismissed/expunged, you may still qualify for a Certificate of Rehabilitation.

Self-Help Filing of the Petition

With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right. 

Petition for Dismissal

Standard Fee $1,200.00 + Court Fees + Service of Process Fees

This information is for general use and is not intended as full and comprehensive instruction governing the laws and rules relating to the relief granted under Penal Code Section 1203.4. For further information, you may refer to Penal Code Section 1203.4 and 1203.4a and 1203.41 and 1203.42 or we recommend you seek legal advice.  If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.