Expungements (Penal Code 1203.4)

If you have been convicted of a crime you have the right to clear your criminal record and get a “fresh start.”  A qualified attorney can have your record cleared or “expunged” without you having to appear in court.

Expungements are a form of post-conviction relief under Penal Code 1203.4. Expungements allow a Judge to re-open your case, set aside the conviction and dismiss your case. If the expungement is granted, you will no longer be considered convicted of the crime and your criminal record will be updated to display a dismissal rather than a criminal conviction.

Your criminal record is always going to be seen if a background check is conducted, however, a background check will show that your criminal record has been dismissed rather than show a criminal conviction. Thus, an expungement allows you to truthfully tell an employer and other interested parties that you have not previously been convicted of a crime.

Expungements are available if you have been convicted of either a California misdemeanor or felony provided that:

  1. You successfully completed probation for the criminal offense, and
  2. You either:
    1. did not serve time in state prison for the offense,
    2. served time in state prison, but would have served it in county jail had the crime been committed after implementation of Realignment under Proposition 47. 

It is important to note that you are not eligible for an expungement if you are currently charged with a criminal offense, are on probation for a criminal offense or are serving a sentence for a criminal offense. In addition, you are not eligible for an expungement if you were convicted of certain sex crimes involving children, but you may be eligible for another form of relief. For more information call our office and schedule a consultation.