Expungement Law in California
Expungement in California allows certain individuals with criminal convictions to petition the court to dismiss their case after successfully completing probation or serving their sentence.
When an expungement is granted, the conviction is withdrawn, and the case is dismissed under California law.
California expungement is governed primarily by:
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Penal Code 1203.4a
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Penal Code 1203.41
Although an expungement does not completely erase a criminal record, it can significantly improve employment opportunities and reduce many of the consequences associated with a conviction.
For the best chance of a positive outcome, consult with an experienced California criminal defense attorney at Eisner Gorin LLP. To arrange a consultation, call (818) 781-1570 or reach out to us here.
What Is an Expungement?
An expungement is a legal process that allows a person to reopen a criminal case, withdraw a guilty or no contest plea, and have the case dismissed by the court.
Once an expungement is granted:
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the conviction is dismissed
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the person is released from many penalties and disabilities associated with the conviction
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the record will show that the case was dismissed
However, the arrest and case history may still remain visible on a person's criminal record.
Benefits of Expungement in California
Obtaining an expungement can provide several important benefits.
Potential advantages include:
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improved employment opportunities
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the ability to legally state in many situations that the conviction was dismissed
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relief from many penalties associated with the conviction
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improved professional licensing opportunities
An expunged conviction may still be considered in certain situations, such as future criminal sentencing or applications for public office.
Who Is Eligible for Expungement?
Eligibility for expungement depends on the outcome of the case and whether the individual successfully completed probation or their sentence.
Generally, a person may qualify if they:
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completed probation successfully
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paid all fines and restitution
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are not currently charged with another criminal offense
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are not serving a sentence for another case
In some cases, individuals who violated probation may still qualify if the court decides to grant early termination of probation.
Who Is Not Eligible for Expungement?
Certain convictions cannot be expunged under California law.
Examples include:
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convictions that resulted in state prison sentences (with some limited exceptions under realignment laws)
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certain serious sex offenses involving minors
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cases where the defendant is currently on probation or facing new criminal charges
Each case must be evaluated individually to determine eligibility.
How the Expungement Process Works
The expungement process generally involves filing a petition with the court where the conviction occurred.
The process typically includes:
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preparing the expungement petition
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filing the petition with the appropriate court
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scheduling a hearing if required
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presenting arguments for why the expungement should be granted
If the judge approves the request, the conviction will be dismissed.
Difference Between Expungement and Record Sealing
Expungement and record sealing are different legal remedies.
Expungement:
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dismisses a conviction after a guilty plea or verdict
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leaves the arrest and case visible on the criminal record
Record sealing:
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hides the arrest record from public view
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may apply when charges were dismissed or no charges were filed
Both remedies can help reduce the impact of a criminal record.
Related California Criminal Offenses Often Eligible for Expungement
Many misdemeanor convictions and certain felony offenses may qualify for expungement in California after the defendant successfully completes probation or the terms of the sentence. While eligibility depends on the specific circumstances of the case, several common criminal offenses are frequently eligible for dismissal under Penal Code 1203.4.
Below are examples of offenses that may qualify for expungement in California.
Petty Theft – Penal Code 484
Penal Code 484 defines the crime of theft involving property valued at $950 or less. Petty theft is one of the most common misdemeanor convictions in California.
Individuals convicted of petty theft may be eligible for expungement after:
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successfully completing probation
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paying all fines and restitution
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avoiding new criminal charges
An expungement can be especially helpful for individuals seeking employment because theft-related convictions often raise concerns for employers.
Driving Under the Influence – Vehicle Code 23152
Driving under the influence of alcohol or drugs is one of the most frequently charged offenses in California.
A misdemeanor DUI conviction may qualify for expungement once the defendant:
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completes probation
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pays all court fines and fees
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completes required DUI education programs
Although expungement does not erase the DUI for driving record purposes, it may help improve employment opportunities.
Drug Possession – Health and Safety Code 11350
Health and Safety Code 11350 criminalizes possession of certain controlled substances without a valid prescription.
Many drug possession convictions may qualify for expungement once the defendant completes probation or diversion programs.
Examples include:
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possession of controlled substances
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possession of prescription medication without a prescription
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possession of narcotics in small amounts
Drug-related offenses are among the most common cases successfully dismissed through expungement petitions.
Domestic Battery – Penal Code 243(e)(1)
Domestic battery involves the unlawful use of force against a spouse, cohabitant, or dating partner.
A conviction under Penal Code 243(e)(1) may be eligible for expungement once probation has been completed and all court requirements are satisfied.
However, even after expungement:
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firearm restrictions may still apply under federal law
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the conviction may still appear in certain background checks
Because domestic violence cases involve additional legal consequences, it is important to carefully evaluate eligibility.
Vandalism – Penal Code 594
Penal Code 594 makes it illegal to damage, destroy, or deface another person's property.
Common examples include:
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graffiti
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damaging vehicles or buildings
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destroying personal property
Both misdemeanor and certain felony vandalism convictions may qualify for expungement upon completion of probation.
Disorderly Conduct – Penal Code 647
Penal Code 647 covers a range of disorderly conduct offenses, including public intoxication and certain solicitation-related offenses.
These misdemeanor offenses are often eligible for expungement after the individual completes probation and satisfies all court conditions.
Examples include:
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public intoxication
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loitering for prostitution
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disturbing the peace
Because these cases often involve minor criminal conduct, they are commonly dismissed through expungement petitions.
Why Expungement Matters for These Offenses
Many misdemeanor convictions can create lasting consequences even after a person completes their sentence. Criminal records may affect employment opportunities, professional licensing, housing applications, and background checks.
Expungement allows individuals who have successfully completed their sentences to seek dismissal of their convictions and move forward without the same legal and social barriers.
An experienced California criminal defense attorney can review the case history, determine eligibility, and prepare the necessary petition to request expungement from the court.
Frequently Asked Questions
What does an expungement do in California?
An expungement dismisses a criminal conviction after the defendant completes probation or their sentence. The case remains on the record but is marked as dismissed by the court.
Does expungement remove the arrest from my record?
No. Expungement does not remove the arrest record. Instead, it changes the final outcome of the case to show that the conviction was dismissed.
Can felony convictions be expunged?
Some felony convictions may be eligible for expungement, particularly if the felony was reduced to a misdemeanor or if the sentence was served in county jail rather than state prison.
How long does it take to get an expungement?
The process can vary depending on the court, but many expungement petitions are resolved within several weeks to a few months after filing.
Can expungement help with employment?
Yes. Many employers view a dismissed conviction more favorably than an active conviction, and expungement may improve employment opportunities.
Legal Help With Expungement in California
Clearing a criminal conviction through expungement can significantly improve employment, housing, and professional opportunities. However, eligibility depends on the specific circumstances of the case.
An experienced criminal defense attorney can review a person's criminal history, determine eligibility, and prepare the necessary court filings to request dismissal of the conviction.
Anyone seeking to clear their criminal record should consider consulting with a qualified attorney to explore available options under California expungement law.
Eisner Gorin LLP is ready to assist you with your needs. Feel free to schedule a consultation by calling us at (818) 781-1570 or simply using our contact form—whichever works best for you!
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