A criminal conviction can continue to affect your life long after you have completed probation or served your sentence. Employment, professional licensing, housing, and other opportunities may all be affected by a criminal record.
California law provides several ways for eligible individuals to reduce the impact of a past arrest or conviction. Depending on your circumstances, you may be able to have a conviction dismissed, reduce an eligible felony to a misdemeanor, seal an arrest record, terminate probation early, or pursue another form of post-conviction relief.
Fresno expungement attorney Gregory W. Fox has more than 20 years of criminal defense experience and helps clients determine what options may be available to clear or improve their California criminal records.
What Is an Expungement in California?
The term “expungement” is commonly used to describe the process of obtaining a dismissal of a criminal conviction under California law.
For many convictions, relief may be available under California Penal Code § 1203.4 or another applicable record-cleaning law.
An expungement does not literally erase the conviction or make every record of the case disappear. Instead, when relief is granted under Penal Code § 1203.4, the court generally allows the defendant to withdraw a guilty or no contest plea—or sets aside a guilty verdict—and dismisses the case.
The court record will then reflect that the conviction was dismissed.
This distinction is important because an expunged or dismissed conviction may still need to be disclosed in certain circumstances and can remain relevant for some legal purposes.
Who Is Eligible for Expungement in California?
Eligibility depends on the type of conviction, the sentence imposed, whether probation was granted, and what has happened since the conviction.
Depending on the circumstances, California record-clearing options may be available for:
- Misdemeanor convictions
- Felony convictions
- DUI convictions
- Convictions in which probation was successfully completed
- Certain convictions where no probation was imposed
- Certain felony convictions resulting in county jail sentences
- Certain felony convictions that resulted in a state prison sentence
Eligibility rules have changed significantly over time. A person who was previously told that a conviction could not be expunged may now have options that were not available when the case was originally resolved.
An attorney can review the conviction, sentence, probation history, and current record to determine what form of relief may be available.
Can a Misdemeanor Be Expunged in California?
Many California misdemeanor convictions can be dismissed.
Generally, a person seeking dismissal must not have a new criminal case pending and must not currently be on probation or parole in another case.
If probation was successfully completed—or the court grants early termination of probation—the defendant may be eligible to petition the court for dismissal.
If probation was not completed successfully, relief may still be possible in some circumstances, but the court may have discretion in deciding whether to grant the petition.
For misdemeanor cases in which probation was not imposed, different requirements and waiting periods may apply.
Can a Felony Be Expunged in California?
Some California felony convictions can also be dismissed.
Eligibility depends in part on the offense and the sentence that was imposed. California law now provides potential paths to dismissal for a broader range of felony convictions than in the past, including certain cases involving county jail and, under qualifying circumstances, some convictions that resulted in state prison sentences.
In addition, some felony offenses are considered “wobblers,” meaning they can be punished as either a felony or misdemeanor. Depending on the conviction and circumstances, it may be possible to ask the court to reduce an eligible felony to a misdemeanor under California Penal Code § 17(b).
A felony reduction and dismissal can have different legal effects, so the appropriate strategy depends on the individual case.
Can a DUI Be Expunged in California?
Many misdemeanor DUI convictions can qualify for dismissal after the applicable requirements have been satisfied.
A DUI expungement does not erase the fact that the DUI occurred and does not necessarily eliminate every consequence associated with the conviction. For example, dismissing a DUI conviction does not automatically erase the conviction for purposes of determining whether a later DUI qualifies as a repeat offense within California’s applicable lookback period.
It also does not undo driver’s license consequences that have already been imposed by the California Department of Motor Vehicles.
If you have a prior DUI conviction and want to determine whether it can be dismissed, Gregory W. Fox can review your record and explain the potential benefits and limitations of seeking an expungement.
Learn more about our Fresno DUI defense services.
What Are the Benefits of Expunging a Criminal Conviction?
Obtaining a dismissal can reduce the impact a past conviction has on your life and may provide significant benefits when seeking employment or pursuing other opportunities.
Depending on the circumstances, potential benefits may include:
- Having the court record reflect that the conviction was dismissed
- Improving employment opportunities
- Reducing obstacles when applying for housing
- Helping with certain professional or occupational opportunities
- Demonstrating rehabilitation after a past conviction
- Providing a cleaner criminal history for many background-check purposes
The effect of a dismissal varies depending on the situation. Certain employers, government agencies, licensing authorities, and other entities may still be entitled to information about the conviction.
An expungement should therefore be viewed as an important form of post-conviction relief—not as the complete destruction of every record associated with the case.
What Doesn’t an Expungement Do?
Understanding the limitations of an expungement is just as important as understanding its benefits.
Depending on the offense and circumstances, a California expungement generally does not automatically:
- Erase every record showing that the arrest or conviction occurred
- Prevent the conviction from being considered in every future criminal proceeding
- Restore firearm rights that were lost because of the conviction
- Eliminate sex-offender registration requirements
- Reverse driver’s license consequences already imposed by the DMV
- Eliminate every requirement to disclose the conviction to government agencies or licensing authorities
Other forms of relief may be available depending upon the particular conviction and the result you are trying to achieve.
Can an Arrest Record Be Sealed in California?
Expunging a conviction and sealing an arrest record are different forms of relief.
Under California Penal Code § 851.91, many people who were arrested but not convicted may be eligible to petition to have their arrest records sealed.
This may apply when:
- You were arrested but criminal charges were never filed
- Charges were filed but later dismissed
- You successfully completed an eligible diversion program and the charges were dismissed
- You went to trial and were found not guilty
- A conviction was vacated or reversed and the charges cannot be refiled
California also provides automatic record relief for certain qualifying arrests. However, automatic relief and a court-ordered sealing can have different implications, so it may still be worth determining whether additional relief is available.
Can a Felony Be Reduced to a Misdemeanor?
Some California offenses are “wobblers,” meaning the offense can be treated as either a felony or misdemeanor.
Under Penal Code § 17(b), a person convicted of an eligible wobbler offense may be able to ask the court to reduce the felony conviction to a misdemeanor.
Reducing a felony can be valuable because felony convictions can create substantial consequences involving employment, licensing, and other areas of a person’s life.
A felony reduction and an expungement are separate forms of relief. Depending on the case, it may be appropriate to seek both.
Early Termination of Probation
If you are still on probation, you may not necessarily have to wait until the originally scheduled end of probation before seeking relief.
California Penal Code § 1203.3 allows a court, in appropriate circumstances, to terminate probation early.
When considering such a request, the court may evaluate factors such as compliance with probation, completion of required programs, payment of restitution and other obligations, rehabilitation, employment, and the reasons early termination is being requested.
If early termination is granted, it may also create an opportunity to seek dismissal of an eligible conviction.
Certificate of Rehabilitation
For some people with more serious criminal records, a Certificate of Rehabilitation may provide another path toward post-conviction relief.
A Certificate of Rehabilitation is a court order recognizing that an individual has demonstrated rehabilitation following a qualifying conviction.
It does not erase or seal the criminal conviction. However, it may provide benefits involving employment or professional licensing and serves as an application for a pardon from the Governor of California.
Eligibility requirements and waiting periods apply, so this form of relief should be evaluated separately from an expungement.
What If My Record Has Already Been Automatically Cleared?
California has expanded automatic record-clearing laws in recent years.
As a result, certain arrests and convictions may already have received automatic relief through the California Department of Justice.
That does not necessarily mean there is nothing else you should do.
Depending on your record and goals, additional court-ordered relief may provide benefits beyond automatic record clearing. Reviewing your criminal history can help determine what relief has already occurred and whether additional steps are available.
Why Work With a Fresno Expungement Attorney?
California now has several different forms of criminal record relief, and determining the correct procedure can depend on the offense, sentence, probation history, date of conviction, and the result you are trying to achieve.
Gregory W. Fox can review your criminal history and determine whether you may qualify for:
- Misdemeanor expungement or dismissal
- Felony expungement or dismissal
- DUI expungement
- Felony reduction under Penal Code § 17(b)
- Early termination of probation
- Arrest record sealing
- Certificate of Rehabilitation
- Other available post-conviction relief
If your situation involves a conviction that may require a different type of post-conviction challenge, Gregory W. Fox also handles criminal appeals in California state and federal court.
Contact a Fresno Expungement Attorney
A past mistake does not necessarily have to create the same obstacles for the rest of your life. California’s record-clearing laws have changed significantly, and you may have options even if you were previously told that your conviction could not be cleared.
Gregory W. Fox has more than 20 years of criminal defense experience and personally handles his clients’ cases. He can review your criminal record, determine what forms of relief may be available, and help you pursue the appropriate petition in court.
If you want to determine whether a misdemeanor, felony, DUI, or other California conviction may qualify for expungement or other record-clearing relief, contact the Law Office of Gregory W. Fox to request a consultation.
Call (559) 222-5800 to speak with our office.