LEGAL GUIDE
Written by attorney Nafiseh Nina Trehzure Hodjat | Aug 28, 2010

California Penal Code Sections Applicable To Expungement

If you were convicted of a crime in California, you may be eligible to have your conviction set aside and expunged. Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence. Some offenses are not eligible for expungement and include conviction under California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).

Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.

To determine how to have your case expunged, see the chart below to see which Penal Code Sections apply to your particular situation.

Offense

Probation

Jail Time

Applicable Penal Code Section

Misdemeanor

Probation granted and completed successfully

None required

1203.4 petition for expungement

Misdemeanor

Probation granted and still in process

None required

Request early termination of probation under 1203.3, then 1203.4 petition

Misdemeanor

Probation not granted

None required

1203.4a petition

Felony

Probation granted and completed

None required or County Jail Completed

17(b) petition to get felony reduced to misdemeanor, then 1203.4 petition

Felony

Probation granted and still in process

None required or County Jail Completed

1203.3 petition to have probation terminated early , then 17(b) petition to get felony reduced to misdemeanor, then 1203.4 petition

Felony

Probation not given

County Jail

17(b) petition to get felony reduced to misdemeanor, then 1203.4a petition

Felony

State Prison

Not eligible for Expungment, but may file for Certificate of Rehabilitation and Pardon

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