1203.4 Expungement

There is no 7 year requirement for a 1203 expungement. Your son has to have completed whatever punishment was given him and show proof of rehabilitation. The latter could take 3 years or 20.

Has your son completed his probation, paid his fines and done everyhthing else he was ordered to do? If so, he can petition for expungement NOW. This does not, however, "seal" his record. There is no seven-year waiting period, but you should know that records are not sealed after seven years.

I respectfully disagree with Mr. Kaman.

If your son completed probation on the misdemeanor without any violations, and is not currently on probation or charged with any other crime, Penal Code §1203.4 says the court "shall" grant his petition for relief. He can file immediately after his probation ends and is not required to show any proof of rehabilitation. If he violated probation along the way, the court still has discretion to grant a 1203.4 petition, but is not required to do so.

I am concerned you seem to be expecting more than Penal Code §1203.4 actually does. It doesn't really "expunge" anything, and it will not seal his record. The court's records will simply be annotated to show the guilty verdict was with set aside and the case was dismissed.

These misconceptions about "expungements" are often perpetuated by attorneys who make extravagant claims about what a Penal Code §1203.4 dismissal does, and charge thousands of dollars to file it.

In fact, it is a simple process your son can successfully complete without an attorney's help, especially if he didn't have any probation violations along the way. The court clerk's office has the form, and most clerks also have an instruction packet that tells you exactly what to do.

If the offense was a violent misdemeanor listed in Penal Code §12021, it would not restore his right to own or possess a firearm.

He would still have to disclose the conviction "in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."

Cal. Code Regs. tit 2, sec. 7287.4(d)(1) says an employer cannot inquire, or seek information, about a conviction dismissed under this statute. However, even when my clients apply for a job where disclosure is not required but it is likely the employer will do a background check, I usually advise them to disclose "I did something really dumb when I was young, and was convicted of ______________, but I successfully completed probation, so the judge set aside my conviction and allowed me to withdraw my plea."