Common Questions Regarding Expungements:
1. What is an Expungement?
It is an order of the court that sets aside the conviction, enters a
plea of not guilty, and then dismisses the complaint.
2. Am I eligible?
Generally, you would be eligible if you are an ADULT and were
granted and have SUCCESSFULLY COMPLETED PROBATION,
either by fulfilling all conditions of probation or by an early
termination of probation. Also, you cannot be on probation at this
time, or be serving a sentence for another offense.
3. What does an Expungement actually do?
The first thing that someone who wants to apply for an expungement
needs to understand is that if your petition is granted under Penal
Code 1203.4, your case is not sealed. A criminal record is not
actually "expunged" under this statute. That term implies complete
erasure, as if the case had never occurred. A more proper term is
"dismissal". The conviction remains on your record for many
purposes, including sex offender registration and immigration
consequences. What the statute provides is, except as elsewhere
stated, the defendant is 'released from all penalties and disabilities
resulting from the offense'. There are numerous limitations to this
An adult who was granted probation, completed all the terms of
probation, and is no longer on probation, is eligible for relief under
this statute.He or she must not be on probation, or serving a
sentence, for any other offense, anywhere. (Penal Code § 1203.4)
If you were denied probation, you can still obtain an expungement.
You still cannot be on probation or serving a sentence for any other
case. Applicants must wait for one year after their conviction before
applying for expungement (Penal Code§1203.4a)
If your criminal case was reduced to an infraction, you are now
eligible for an expungement under Penal Code section 1203.4a.
Please contact or call me at 805-644-1071 to discuss your
expungement questions with me.