An expungement (under California Penal Code § 1203.4) allows you to withdraw a plea of guilty or no contest, to re-enter a plea of not guilty, and to have the criminal case dismissed. The expungement process releases you from virtually “all penalties and disabilities” of misdemeanor or felony conviction. 1
Here are five key things to know:
To help you better understand Penal Code 1203.4 expungements, our California criminal defense lawyers discuss:
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
Once a conviction has been expunged, the court case does not have to be disclosed to an employer even after the employer makes a conditional offer of employment.
An expungement is a form of post-conviction relief authorized by California Penal Code 1203.4 PC. It releases you from “all penalties and disabilities” arising out of a conviction.
As criminal defense attorney John Murray 3 explains,
“In today’s economy — where finding a job is tougher than ever — you want to do everything in your power to make yourself the most desirable candidate. Clearly, this includes being able to state that you have a clean criminal record–something that a PC 1203.4 expungement may allow you to do.”
Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. Dismissal of an offense offers a “fresh start” from an otherwise criminal past.
As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you:
a criminal offense. 4
If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below).
“Successfully completing probation” means that you:
If you went to California State Prison — either at the time of judgment or because of a probation violation — you do not generally qualify for a PC 1203.4 expungement.
However, there is an exception if you would have served your sentence in county jail if you had committed the crime after “realignment.” (For more information, please see the discussion on Penal Code 1203.42 in Section 1.4, below). 5
In many cases, yes. Plus you may be able to get your parole waived. Learn more here: California Assembly Bill 2147 (2020).
There are certain felony offenses that can never be expunged. These include serious sex offenses committed against children, such as
It is generally true that you must have successfully completed all conditions of probation to be granted an expungement.
Though even if you received a probation violation, all hope is not lost. The court will hold a special hearing to determine whether you are nonetheless a good candidate. 7
In the wake of a probation violation, the court has wide discretion as to whether to grant or deny a petition for a PC 1203.4 expungement. Factors that the judge may consider include (but are not limited to):
If you were convicted and sentenced to state prison, you may still be able to expunge a conviction. You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011’s Proposition 47 Realignment legislation.
This exception is found in California Penal Code 1203.42 PC. Relief under Penal Code 1203.42 is not automatic but may be granted by a court, in its discretion. Judges can grant it if they believe it would be in the interests of justice.
To qualify under PC 1203.42, the crime must have been one currently punishable in county jail AND:
The expungement process in California starts by filing a petition with the court under Penal Code 1203.42. You may make the application:
The court may then either:
In either case, the court will then dismiss the accusations against you. Afterward, you will be released from all penalties and disabilities resulting from the offense. It is as if you got a regular expungement under PC 1203.4.
The process to obtain an expungement contains many steps that a competent attorney can assist you with
Expunging criminal records in California requires the following five steps:
The expungement process is confusing and time- and paperwork-intensive. Many opportunities for error could get an application denied. However, experienced criminal defense attorneys know how to streamline the process and get it right on the first try.
A criminal defense attorney knows which forms to use for each situation. Otherwise, most application forms are available at the relevant courthouse or through an internet search.
For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under PC 1203.4. If probation has not been completed, you would instead file a motion to terminate probation. And if that is denied, you would fill out a petition for dismissal.
Note that felonies cannot be expunged until they get reduced to misdemeanors. Courts usually grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) down to misdemeanors.
But non-wobbler felonies can only be reduced to a misdemeanor by filling out a form pursuant to PC § 17(b)(3). Only then can you fill out a petition to dismiss a misdemeanor under PC 1203.4.
Also note that you must fill out one form for each conviction to be expunged. You can also include character references with the petition.
Note that as of July of 2024, many cases will be automatically sealed. Consult with your attorney about whether you need to formally file for expungement. The following chart shows the record seal waiting time for eligible cases:
| Your California Criminal Record | When Your Record Gets Cleared |
| Misdemeanor arrest with no charges brought | 1 year after the arrest |
| Misdemeanor charge which gets dismissed | Right after the dismissal |
| Misdemeanor conviction where you are granted probation or completed other specified criteria | Right after probation/criteria is done |
| Misdemeanor conviction where you are not granted probation | 1 year after case ends |
| Felony arrest with no charges brought | 3 years after the arrest |
| Felony charge which gets dismissed | Right after the dismissal |
| Felony conviction where you are granted probation (not including serious, violent, or sex offender crimes) | Right after probation is done |
| Felony conviction where you are not granted probation (not including serious, violent, or sex offender crimes) | 4 years after case ends |
Once the proper forms are filled out, they must be filed with the court where the case was heard. The court will usually respond within five months.
Every court has its own policies and fees. Sometimes expungement forms must be delivered in person or mailed.
Timely filing paperwork is critical. For example, you must provide the prosecutor with at least 15 days’ notice prior to the hearing. This is to allow the prosecutor to review the case and object if desired.
If you are indigent, you may be able to get financial assistance to cover the filing fees.
Whether you have to appear at your expungement hearing depends on the case. If necessary, your criminal defense attorney will keep you informed and help prepare for the hearing.
Ultimately, the judge decides whether to grant an expungement. There is no jury. You are more likely to win if you:
If the judge denies the expungement, after six months you can file a new petition with any required changes.
If the judge grants the expungement, the defense attorney should then seal the case so it is no longer visible to the public. And you can deny ever having a criminal record in most situations. Some exceptions are if you:
Unfortunately, there are several limitations on what an expungement under California Penal Code 1203.4 PC can do. For example, an expungement will not:
Expunged convictions may also still be used as prior convictions to enhance sentencing. For instance, an expunged DUI conviction still counts as a prior if you are later arrested for another DUI.
Plus an expunged conviction that would count as a “strike” for purposes of California’s three-strikes law is still a strike. 14
Note that additional rights can often be restored through:
If you are eligible under PC 1203.4, you may petition the court to expunge a conviction on the earlier of:
(Note that if you qualify under PC 1203.42, you may only petition the court if at least two years have passed since the completion of your sentence).
As discussed above, certain criminal records are now sealed automatically. Consult with your attorney to see if you qualify.
Many times, we can expedite the expungement process by “packaging” a number of motions into one. The most common example includes asking the court in a single proceeding to:
Many people who contact us about expungements also wish to “seal and destroy” adult and juvenile criminal records.
Sealing and destroying arrest records per SB 383 is a totally different process from expunging records of criminal convictions under PC 1203.4.
You are entitled to have a California arrest record sealed and destroyed if:
Sealing an arrest record generally allows you to state that you have never been arrested for a crime. This is because in order to seal a record the judge must declare you factually innocent.
As mentioned earlier, with the passage of Senate Bill 731 & Assembly Bill 1076 – The Clean Slate Act, most people’s arrest and conviction records will get automatically cleared from their criminal record through a process called “automatic relief”. Learn more here. (Note that automatic relief does not restore your firearm rights.)
Sealing a California juvenile court record provides you with the same benefits as sealing an adult record. You may seal a juvenile arrest record if:
Once the judge grants the motion to seal and destroy a juvenile arrest record it is sealed for 3 years and destroyed thereafter. 17
Q. Who can access my criminal record after I get an expungement?
A. Criminal records are “public records.” So anyone can access a criminal record even after a PC 1203.4 expungement — unless the record is sealed.
People who often access criminal records include:
Q. What happens when I expunge my record?
A. In California, when a record is expunged, a plea of guilty or no-contest (or a conviction after trial) gets set aside by a judge. You then enter a new plea of “not guilty” and the judge dismisses the case. 18
Q. How long does it take to expunge my record?
A. Generally, we can have a PC 1203.4 petition filed and heard within one to two months. But this can vary depending on the county in which you reside.
In cases where you are actively seeking employment, we can seek to expedite the process.
Q. How do I find out if I qualify to have my record expunged?
A. Generally, you qualify for an expungement under Penal Code 1203.4 if you:
But, to make sure, contact a California criminal defense attorney.
Q. What is “felony reduction”?
A. If you were convicted of a “wobbler” (that is, a crime that can be charged as either a felony or misdemeanor), you can generally petition to reduce the felony conviction to a misdemeanor. 20
Q. Will you reduce my felony to a misdemeanor prior to expunging the record?
A. Yes. If your conviction was for a wobbler, we will petition the court to have the felony reduced to a misdemeanor prior to having it expunged under PC 1203.4. We will also ask for an early termination of probation where appropriate.
Q. Does it cost more to have my felony reduced BEFORE expungement?
A. No. The price is the same. Reducing the felony first just expedites the process.
Q. Do I have to appear in court?
A. Generally not. The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings. 21
Q. What is the filing fee for a California expungement?
A. It varies, depending on
For example, San Diego County charges a petition fee of $60 for a misdemeanor and $120 for a felony.
All counties have some type of financial assistance available if you are unable to pay.
Q. How will I know that my California criminal record was expunged?
A. We provide you with a signed order by a California Superior Court Judge setting aside the conviction and dismissing the case.
Q. After my record is expunged, can I answer “No” if I’m asked whether I have a criminal record?
A. Yes. This is one of the benefits of obtaining a PC 1203.4 California expungement. Once the court grants an expungement, you can legally answer “no” if asked about a criminal record UNLESS:
Q. Will expunging my record help me find a better job?
A. Many times, yes. If the employer doesn’t run a background check, they will probably never find out about the conviction. Remember — you no longer have to disclose any conviction unless and until the employer makes a conditional offer of employment.
But even if an employer does conduct a background check, it will show if a conviction was expunged. This will tell the potential employer that a California court has said you are ready to make a “fresh start”.
Q. Will expunging my record help me obtain a state license?
A. Often times, yes. Many California state licensing authorities require expungement of a conviction under Penal Code 1203.4 PC before they will issue a license.
But even when an expungement is not enough, we may be able to help you obtain a “Certificate of Rehabilitation,” which offers even more benefits. 23
Q. What is a “Certificate of Rehabilitation”?
A. A Certificate of Rehabilitation (“COR”) is a court order stating you have been rehabilitated from your criminal past. 24
You must wait between seven (7) and ten (10) years after being released from custody, depending on the specific offense for which you were convicted. 25
There are many benefits to a Certificate of Rehabilitation, including:
But remember — an expungement or COR is not necessary for an arrest that did not result in a conviction. Employers (and prospective employers) may not discriminate against you based simply on arrests. In fact, they aren’t even legally allowed to inquire about them. 26
Q. What is a Governor’s Pardon?
A. A Governor’s Pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction. 27
You must usually wait at least ten (10) years after being discharged from probation or parole in order to apply to the governor for a pardon. Or you must obtain a finding of factual innocence (discussed above under section 2. sealing and destroying records). 28
If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven (7) years after release from custody. This is because a COR acts as an automatic application for a pardon.
Q. What are my options for sealing and destroying my California arrest records after I get an expungement?
A. There are a number of ways to seal records. The most common are:
Juvenile arrest records
In order to be eligible for sealing a juvenile record, two criteria must be met:
But even if these two criteria have been met, certain serious crimes cannot be sealed. 30 These crimes include:
Sealing of records generally
Except as set forth above, sealing an arrest record is generally possible if
Also, if you prove that you were factually innocent of the charges, the arrest record will be ordered sealed for 3 years and destroyed thereafter. 32
Q. I have a felony and can’t get a green card or citizenship. Can you help me?
A. Many times, yes. We are often able to get a non-U.S. citizen’s wobbler felony reduced to a misdemeanor. This makes you eligible for permanent residency and ultimately U.S. citizenship. Or we may be able to get a conviction set aside completely.
Once we review the facts and circumstances of your case, we research the most promising options to help avoid immigration issues such as deportation or removal.
Q. I am required to register as a sex offender pursuant to California Penal Code 290 PC. Can an expungement help me obtain relief from my lifetime duty to register as a sex offender and get off Megan’s list?
A. No. A California Penal Code 1203.4 PC expungement cannot provide this type of relief. But a Certificate of Rehabilitation and Governor’s pardon often can, as long as the conviction was not for a sex crime against a child. 33
Q. What about my past marijuana convictions?
A. The California Department of Justice reviewed and sealed all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. This process should have been done by July 1, 2020. See California Assembly Bill 1793 (2018).
For more information, refer to the following:
PC 1203.4. (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.
