criminal

Pursuant to Penal Code section 1203.4, criminal convictions may be what is commonly referred to as "expunged."

You can apply for 1203.4 relief on your own, through an attorney, or through the probation department. You may ask the court clerk in your county for a form which you can fill out and file with the court. This may be enough if you are statutorily eligible for the relief. Depending on your circumstances, you may need a written motion with an argument as to why the court should grant you the relief you are requesting. If you were previously represented by a Public Defender's Office, they may be able to represent you in the 1203.4 action, however it may take a substantial amount of time due to the caseloads in many Public Defender's Offices. If filing on your own, you will have to serve notice on the District Attorney's office, and my practice is to also serve notice on the Probation Department. You may have to pay court fees as well.

In order for the court to grant the requested relief you must not be serving any sentence, and must have completed any probation. You must also have paid court fines and restitution, and any other conditions of your sentence if any. If you are still on probation and are seeking an expungement, (i.e. for employment purposes or to enter the military) you should seek an attorney's advice on early termination of your probation. Infractions, certain traffic misdemeanors and felonies, and a variety of sex-related crimes are not eligible for 1203.4 relief. If you have a conviction that falls within these categories, you should speak with an attorney to determine if you are eligible.

If the court grants the requested relieft, legally what happens is your plea of guilty or no contest is withdrawn and a not guilty plea entered in its place. If you were convicted after trial, the guilty verdict is set aside. In either case the court then dismisses the charges. Note that if subsequent to obtaining 1203.4 relief you are charged with a new crime, the D.A. may use the prior as if it had not been dismissed. Further, you must still disclose the expunged conviction when applying for public office, licensure by any state or local agency, or contracting with the California State Lottery. Also note that expungement does not, except in limited special circumstances, effect limitations of your right to own or posses firearms.