Are You Eligible for Expungement in California?
Expunging a criminal conviction is proof that you have paid your debt to society in full and that you have taken the time and have made the effort to erase this misstep from your record. You are eligible for expungement if you satisfy the following four criteria:
You weren't sent to prison.Generally, if you were convicted of a felony, denied probation, and then sentenced to prison, you are ineligible for expungement.
Your conviction is not for a disqualifying offense.Convictions for certain crimes cannot be expunged from your record. These include crimes involving child molestation; child pornography; and failure to comply with the order of a peace officer, fireman, or traffic officer.
You've completed your probation.In some instances, the Court may agree to terminate your probation early, allowing you to expunge your conviction much more quickly. Note: If you were convicted of a misdemeanor and not granted probation, then you must wait a year before you are eligible for expungement.
You're not in trouble now.You may not expunge a prior conviction if you are currently charged with a new crime or are currently on probation or serving a sentence for a separate crime.