Background Information
What is an expungement?
Why would you want an expungement?
What types of expungement exits?
- The first, governed by Penal Code §1203.4, will expunge cases in which probation was part of the sentence.
- The second, under Penal Code §1203.4(a), will expunge cases in which there was no probation.
- The third, under Penal Code § 17, will reduce a felony conviction to a misdemeanor. This misdemeanor can then be dismissed.
Once my conviction is expunged, can I answer “No” to questions about convictions on job applications?
How does an expungement affect strikes or other sanctions?
- Remove the conviction form your criminal history. California and FBI criminal history records will still show the conviction and the subsequent dismissal.
- Reinstate your right to possess firearms.
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Allow you to omit the conviction from applications for government-issued licenses.
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Seal the court case file from public inspection. The court file remains public record.
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Prevent the conviction from being used as a “prior” for sentencing enhancements in subsequent convictions.
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Prevent the conviction from being used to impeach your testimony if you are called as a witness in court.
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Prevent the conviction from being used to refuse or revoke a government license or permit, such as real estate license, teaching credential, security guard certificate, etc.
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Prevent the conviction from being used by U.S. Citizenship and Naturalization Services for removal or exclusion purposes.
If you would like to speak with a lawyer about expunging your criminal record call Rose Law at 1-800-456-3767.
Are you eligible for a dismissal?
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You received probation for that conviction and you satisfy all of the following requirements:
- You successfully completed probation or obtained early release,
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You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence,
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You are not currently serving another sentence or on probation for another offense, and
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You are not currently charged with another offense.
- You never received probation and you satisfy all of the following requirements:
- Your conviction was a misdemeanor
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It has been at least one year since the date you were convicted,
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You have complied fully with the sentence of the court,
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You are not currently serving another sentence,
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You are not currently charged with another offense, and
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You have obeyed the law and lived an honest and upright life since the time of your conviction.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:
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You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in California Vehicle Code 12810 (a) to (e), but:
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You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, and
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You are not currently charged with, on probation for, or serving a sentence on any other offense.
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Some Convictions are Not Eligible for Dismissal
- Any misdemeanor within the provisions of Vehicle Code section 42001(b),
- Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j),
- A felony under Penal Code section 261.5(d),
- Any infraction.
If you would like to speak with a lawyer about whether you are eligible to expunge your criminal record call Rose Law at 1-800-456-3767.
Procedure
Should I obtain a copy of my criminal record prior to filing for an expungement?
Find Out the Details of Your Convictions
- Your Case Number(s) [Sometimes called docket number.]
- Your Date(s) of Conviction(s) [The date of your plea or verdict.]
- The Code Name(s) and Section Number(s) you were convicted of violating.
- Was there a “Verdict” or did you “Enter a Plea”? If you Entered a Plea, was it “Guilty” or “Nolo Contendere” (No Contest)?
- Were you ordered to serve any time on “Probation”? If so, how long? [Formal and informal probation are treated the same.]
- Were you ordered to pay any “Fines,” “Restitution,” or “Reimbursement”?
- If you were sentenced to state prison, which one?
- If you were sentenced to state prison, what date were you released?
- If you were released on “Parole,” what date did your parole end?
- Your court papers received at the time of conviction.
- The Superior Court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of your order(s) of judgment.
- The California State Department of Justice, Criminal Records Division. They will have your criminal records information for the entire State of California. Theyare located at 4949 Broadway, First Floor Fingerprinting Office, Sacramento, California. Their phone number is (916) 227-3400. There is a fee, but you may be eligible for a fee waiver. You must provide written proof of your income. It may take several weeks for the record to arrive in the mail.
How much does it cost to get a conviction expunged?
I cannot afford my court fees. What can I do?
- If you are receiving public benefits, like Medi-Cal, Food Stamps, Cal-Works, General Assistance, SSI, SSP, Tribal TANF, IHHS or CAPI;
- If your household income, before taxes, is less than the amounts listed on Form FW-001 in item 5b, or
- If the court finds that you do not have enough income to pay for your household’s basic needs and the court fees.
What fees and costs can the trial court waive if I qualify for the fee waiver?
- Filing papers in superior court (except for appeals in cases worth over $25,000)
- Making and certifying copies
- Sheriff’s fee to give notice
- Court-appointed interpreter in small claims court
- Court fees for telephone hearings
- Giving notice and certificates
- Sending papers to another department
- Court reporter’s daily fees (for the first 60 days following the grant of the fee waiver)
- Preparing, copying, and certifying a clerk’s transcript on appeal and transmitting it to the appellate court and the party.
The fee waiver form is available at the courthouse.
Where do I find forms for an expungement?
Complete the Petition(s)
- Ask if you need to submit additional photocopies of the petition, and how many?
- Ask if their rules of court require you to serve copies of your petition on the district attorney and/or probation department?
If you would like to speak with a lawyer about expunging your criminal record call Rose Law at 1-800-456-3767.
File Your Petition(s) with the Court(s)
What is a Proof of Service, and how is it used in an expungement case?
What if I fill out the forms incorrectly?
Can I expunge multiple convictions at the same time?
What if I have changed my name since my conviction?
After Filing the Papers
What happens if the court denies my expungement?
What happens if I am arrested while trying to get a previous conviction expunged?
How long will the expungement process take?
Disclaimer: This information is adapted from a publication of the by Solano County Public Defender’s Office. This general information is intended only to guide you to filing your own expungement. Your unique situation may have factors requiring different procedures or forms not discussed here. If you need further assistance, you should consider hiring an attorney to help you. If you would like to speak with a lawyer about expunging your criminal record call Rose Law at 1-800-456-3767.