If you have a criminal conviction in California, you may have heard that you can have your record “expunged.” California law does provide several ways to reduce the impact of a criminal record, but an expungement does not simply erase a conviction as though it never occurred.
Understanding what California expungement can—and cannot—do is an important first step in determining whether you may qualify for post-conviction relief.
What Does Expungement Mean in California?
The term “expungement” is commonly used to describe a dismissal of a conviction under California Penal Code section 1203.4 or a related statute.
When relief is granted, the defendant is generally permitted to withdraw a guilty or no contest plea, or the guilty verdict is set aside, and the court dismisses the case.
This can provide significant benefits, particularly when seeking employment and moving forward after a criminal conviction.
However, an expungement does not erase every record of the case or make the conviction disappear for every purpose.
Who May Qualify for an Expungement?
Eligibility depends on several factors, including the offense, sentence imposed, completion of probation or other sentencing requirements, and whether the person currently has another criminal case pending.
Depending on the circumstances, relief may be available for certain:
- Misdemeanor convictions
- Felony convictions
- Convictions following probation
- Cases in which probation was not imposed
- Felony convictions involving county jail sentences
- Certain felony convictions involving a state prison sentence
California’s record-clearing laws have changed significantly over time. A person who was previously told that a conviction could not be dismissed may have options today that were not available when the conviction occurred.
What If You Are Still on Probation?
Being on probation does not necessarily mean that you must wait until the original probation period expires before seeking relief.
In an appropriate case, a person may ask the court to terminate probation early under California Penal Code section 1203.3. If early termination is granted and the other requirements are satisfied, the person may then be able to seek dismissal of the conviction.
Whether early termination is appropriate depends on the circumstances of the individual case.
Can a Felony Be Expunged in California?
Some felony convictions may qualify for dismissal.
The available procedure depends in part on the sentence that was imposed. Certain felony convictions involving probation or a county jail sentence may qualify for relief, while different rules apply to cases involving a state prison sentence.
California law has expanded relief for some people who served state prison sentences. As a result, an old assumption that any state prison sentence automatically prevents a person from obtaining a dismissal may no longer be correct.
Some felony offenses known as “wobblers” may also be eligible for reduction to a misdemeanor under California Penal Code section 17(b).
Because felony record-clearing options depend heavily on the conviction and sentence, each case should be evaluated individually.
Does an Expungement Erase Your Criminal Record?
No. This is one of the most common misconceptions about California expungement.
A dismissal can provide important benefits, but it does not physically destroy every record of the arrest, prosecution, or conviction.
The case may remain visible to courts, law enforcement agencies, and certain government agencies. A dismissed conviction may also still have consequences in some circumstances.
For this reason, it is more accurate to think of expungement as a form of post-conviction relief rather than the complete erasure of a criminal record.
Does an Expungement Help With Employment?
A dismissal can provide important employment-related benefits.
California law generally restricts most employers from considering convictions that have been dismissed, sealed, expunged, or otherwise statutorily eliminated. California’s Fair Chance Act also limits when many employers may inquire into an applicant’s criminal history.
There are exceptions, particularly for certain jobs, professional licenses, government positions, and occupations in which criminal-history screening is required by law.
Does an Expungement Restore Gun Rights?
An expungement under Penal Code section 1203.4 does not automatically restore firearm rights.
If a conviction resulted in a firearm prohibition, additional relief may be necessary, and some firearm prohibitions cannot be eliminated through an expungement.
Anyone concerned about firearm rights following a conviction should obtain advice based on the specific conviction and circumstances.
What Is the Difference Between Expungement and Record Sealing?
Expungement and record sealing are different forms of relief.
An expungement generally concerns a case that resulted in a conviction.
Record sealing may be available in certain cases involving an arrest that did not result in a conviction, including situations where:
- No criminal charges were filed
- Charges were filed but later dismissed
- The person successfully completed certain diversion programs
- The person was acquitted at trial
California also provides automatic record relief for certain qualifying arrests and convictions.
Whether a record has already received automatic relief or whether additional court-ordered relief would be beneficial depends on the circumstances.
What Other Forms of Post-Conviction Relief Are Available?
Expungement is only one option under California law.
Depending on the case, post-conviction relief may include:
- Dismissal of a misdemeanor or felony conviction
- Early termination of probation
- Reduction of certain felony convictions to misdemeanors
- Sealing qualifying arrest records
- Relief for certain convictions affected by changes in California law
- Certificate of Rehabilitation
- Other forms of post-conviction relief
The appropriate procedure depends on the conviction, sentence, criminal history, and reason the person is seeking relief.
What Is a Certificate of Rehabilitation?
A Certificate of Rehabilitation is a separate form of post-conviction relief available to some people with qualifying convictions.
It does not erase or seal the criminal conviction. Instead, it is a court order recognizing rehabilitation and also serves as an application for a pardon from the Governor of California.
Eligibility involves specific requirements, including residency and waiting periods.
Can an Expunged Conviction Still Be Used Against You?
In some circumstances, yes.
A dismissed conviction can still have legal consequences and may need to be disclosed in certain situations. It may also remain relevant if a person is later prosecuted for another offense.
The effect of an expungement therefore depends not only on whether relief is granted but also on what the person is trying to accomplish.
How Do You Apply for an Expungement in California?
The procedure depends on the type of conviction and relief requested.
A petition for dismissal may need to be filed with the court that handled the original criminal case. Additional requests may also be appropriate, such as early termination of probation or reduction of an eligible felony to a misdemeanor.
Because California now provides several different forms of record relief, determining the correct procedure is an important part of the process.
Talk to a Fresno Expungement Attorney
If you have a criminal conviction in California, do not assume that an old conviction cannot be addressed simply because you were previously told you were ineligible.
California’s record-clearing laws have changed substantially, and the relief available depends on the facts of the individual case.
Gregory W. Fox has more than 20 years of experience handling California criminal cases and post-conviction matters. Learn more about our Fresno expungement and post-conviction relief services or call (559) 222-5800 to request a consultation.