POST-CONVICTION RELIEF LAW — CALIFORNIA
How to Expunge Your Criminal Record in California — PC §1203.4 Step by Step
Expungement under PC §1203.4 dismisses a conviction after probation is completed. It is the most widely available form of post-conviction relief in California and allows most people to answer 'no' to conviction questions on job applications.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
How to Expunge a Record in California — At a Glance
- Law / Code
- PC §1203.4 / PC §1203.4a
- Classification
- Post-Conviction Relief Petition
- Maximum Penalty
- N/A — this is relief from conviction
- Probation Eligible
- Must complete probation first
- Strike Offense
- Does not remove strike priors
- Related Codes
- PC §1203.4PC §1203.4aPC §17(b)PC §851.8
What Is How to Expunge a Record in California Under California Law?
Legal Framework. California Penal Code §1203.4 allows a person who has successfully completed probation to petition the court to withdraw their guilty or no contest plea (or set aside a guilty verdict) and dismiss the case. Once dismissed the conviction no longer appears as a conviction for most purposes — the person can legally state on most job applications that they have not been convicted of that offense.
The Prosecution's Burden. Expungement under PC §1203.4 is available for most misdemeanor and felony convictions where probation was granted — with one critical limitation: it is not available for convictions that resulted in a sentence to state prison. County jail sentences — including felony county jail sentences under AB 109 realignment — are eligible for expungement. State prison sentences are not eligible for PC §1203.4 but may be eligible for a Certificate of Rehabilitation.
Potential Consequences. An expungement does not completely erase the conviction. It remains accessible to law enforcement and can be used in future criminal cases as a prior conviction. Certain licensing boards can still consider expunged convictions. The conviction can still be used to enhance sentences in future criminal proceedings. But for most employment, housing, and licensing purposes an expungement provides a genuine fresh start.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1203.4 / PC §1203.4a
To convict under PC §1203.4 / PC §1203.4a, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was convicted of a misdemeanor or felony in California
The defendant was granted probation (not sentenced to state prison)
The defendant has completed all conditions of probation including all fines, restitution, classes, and community service
The defendant is not currently charged with a criminal offense, on probation for another offense, or serving a sentence for another offense
The court exercises its discretion to grant the petition (discretion is broad — courts routinely grant timely petitions from eligible defendants)
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for How to Expunge a Record in California in California
Additional Consequences
- Not available for convictions resulting in state prison sentences
- Not available while currently on probation or charged with a new offense
- Does not restore gun rights for felony convictions
- Does not remove the requirement to register as sex offender
- Does not seal the record from law enforcement access
- Does not prevent the conviction from being used as a prior in future cases
- Does allow truthful denial of conviction on most private employer applications
05 — Defense Strategies
How Rubin Law Defends How to Expunge a Record in California Charges
Rubin Law, P.C. attacks the elements of PC §1203.4 / PC §1203.4a and drives outcomes that avoid conviction where possible.
Early Termination of Probation
If you are currently on probation but want to pursue expungement sooner, we can petition the court for early termination of probation under PC §1203.3. If early termination is granted you immediately become eligible to petition for expungement. Courts consider completion of all probation conditions, the severity of the original offense, and the defendant's conduct since conviction.
U.S. Const. amend. IV
Reduce Felony to Misdemeanor First
For wobbler offenses that were charged as felonies, we first petition to reduce the conviction from felony to misdemeanor under PC §17(b) before filing the expungement petition. A misdemeanor expungement is cleaner and more broadly useful than a felony expungement for most employment and licensing purposes.
17 CCR §1219.3
File Comprehensive Petition
While expungement petitions are routinely granted when eligibility criteria are met, a comprehensive petition with supporting documentation — evidence of rehabilitation, employment history, community ties, and the impact of the conviction — gives the court context and demonstrates genuine rehabilitation.
NHTSA SFST
Address All Fines and Restitution
Outstanding fines or restitution can prevent expungement. Before filing we audit all financial obligations from the original case and ensure they have been satisfied or arrange for satisfaction before the petition is filed.
VC §23152
Consider Certificate of Rehabilitation
For state prison sentences not eligible for PC §1203.4 expungement, we evaluate whether a Certificate of Rehabilitation under PC §4852 is available. A Certificate of Rehabilitation is a court order declaring rehabilitation and automatically constitutes an application for a Governor's pardon.
17 CCR §1219.1
Seal Arrest Record
For arrests that did not result in conviction — dismissed, acquitted, or not charged — we petition to seal the arrest record under PC §851.8 or PC §851.91. A sealed arrest record cannot be disclosed to employers and is treated as if it never occurred.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — How to Expunge a Record in California
Who qualifies for expungement in California?
You qualify for expungement under PC §1203.4 if you were convicted of a misdemeanor or felony in California, were granted probation (not sentenced to state prison), have completed all conditions of probation including fines and restitution, and are not currently charged with a criminal offense or on probation for another offense. Most misdemeanor and felony convictions where probation was granted are eligible — with certain exceptions for the most serious offenses.
How long does expungement take in California?
In Los Angeles County the expungement process typically takes 3 to 6 months from filing the petition to the court hearing. The petition must be filed with the court where the original conviction occurred. The court schedules a hearing, the probation department may file a report, and the judge rules on the petition. The process is largely routine for eligible defendants but requires proper preparation and filing.
What does expungement not do in California?
California expungement under PC §1203.4 has several important limitations. It does not seal the record from law enforcement access. It does not restore gun rights for felony convictions. It does not remove the obligation to register as a sex offender. It does not prevent the conviction from being used as a prior in future criminal cases. It does not prevent certain licensing boards from considering the conviction. And it does not clear convictions from federal background checks — it only affects state records.
Can I get a felony expunged in California?
Yes — if you received probation rather than a state prison sentence. A felony conviction where the court granted probation and suspended a state prison sentence is eligible for expungement under PC §1203.4. A felony conviction that resulted in actual time in state prison is not eligible for PC §1203.4 expungement but may be eligible for a Certificate of Rehabilitation under PC §4852. Additionally if your felony was a wobbler we can first reduce it to a misdemeanor under PC §17(b) and then expunge it.
Will an expunged conviction show on a background check?
It depends on the type of background check. After expungement California employers conducting state background checks will see the conviction marked as dismissed under PC §1203.4 — and most private employers cannot use this information in hiring decisions. However federal background checks (FBI/NICS) still show the conviction. Certain government positions, professional licenses, law enforcement jobs, and positions working with children or vulnerable adults may still require disclosure of expunged convictions.
Can I expunge a DUI in California?
Yes. A DUI conviction — whether misdemeanor or felony — is eligible for expungement under PC §1203.4 after probation is completed, assuming no state prison sentence was imposed. However a DUI expungement does not remove the conviction from your DMV driving record, which retains the conviction for 10 years. It also does not prevent the DUI from being used as a prior conviction if you are arrested for DUI again within the 10-year lookback period. But it does allow you to answer 'no' to most private employer questions about criminal convictions.
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