Expungement Law in California - Penal Code 1203.4 PC
In California, expungement of criminal records is governed by Penal Code Section 1203.4. If you've been convicted of a crime, it can be very challenging to secure employment and rebuild your life.
Most employers and landlords commonly perform background checks that disclose your criminal history. This clearly indicates that if you have a criminal conviction, having your criminal record expunged can positively affect your life.
But what does expunging your criminal record actually mean?
Simply put, it removes the penalties associated with your conviction, and, in principle, a potential employer is not allowed to consider your past conviction when making hiring decisions or to ask about it during an interview.
Therefore, obtaining an expungement under Penal Code Section 1203.4 can be a vital step to ensure a past criminal conviction does not have a lasting effect on your life.
However, it is crucial to note that California does not have a legal process for a true expungement that fully seals a criminal conviction.
Vacate a Criminal Conviction
Most people mistakenly call a section 1203.4 dismissal an expungement, thinking their past conviction will be completely removed from their record.
This is a common misconception and not true. In reality, when a 1203.4 dismissal is granted, the court vacates your conviction and records a dismissal notation. After the dismissal, you can honestly state on job applications that you have never been convicted.
However, many background checks will still show both the conviction and the dismissal, but the law prevents employers from considering a dismissed conviction in hiring decisions.
What Does PC 1203.4 Say?
A California expungement of criminal records under Penal Code Section 1203.4 allows defendants who have completed probation and have not served time in state prison to clear their records.
Legally, it specifies that: "In any case in which a defendant has fulfilled the conditions of probation, or in any other case in which a court, in its discretion in the interests of justice, determines that a defendant should be granted the relief, the defendant shall be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or if they were convicted after a plea of not guilty, the court shall set aside the verdict of guilty and dismiss the accusations against the defendant and shall thereafter be released from all penalties and disabilities resulting from the offense of which they were convicted."
You are eligible to request the court to expunge your criminal records once you've completed your entire probation.
If the court terminates your probation early, you can petition for expungement when it ends. For misdemeanor or infraction convictions without probation, you can petition the court to expunge your record after one year from the date of the judgment.
Who Is Eligible for an Expungement?
The following groups of individuals qualify to have their criminal record expunged in California under Penal Code Section 1203.4:
- If you were convicted of a misdemeanor or felony and have completed probation successfully, you can petition the court to dismiss the conviction. For certain felony convictions, you'll need to request a reduction to a misdemeanor before filing for dismissal.
- If you have been convicted of a misdemeanor or felony but were never placed on probation, you may petition the court to dismiss the conviction after one year from the conviction date.
Completing probation involves fulfilling all its terms, such as paying fines and restitution, completing counseling, community service, attending required court dates, and avoiding new crimes.
Even if you violated probation, you might still qualify for expungement. A court hearing will decide whether to grant your expungement request. Contact a California criminal defense lawyer at our firm if you have questions about eligibility.
Who Is Not Eligible for an Expungement?
If you have been sentenced to a California state prison, you cannot have your criminal record expunged. Moreover, certain offenses, such as some sexual crimes against children, are not eligible for expungement.
- Penal Code Section 286(c) - Sodomy with a Minor
- Penal Code Section 288 - Lewd and Lascivious Acts with a Minor
- Penal Code Section 288a(c) - Oral Copulation with a Minor
- Penal Code Section 261.5(d) - Unlawful Sexual Intercourse with Minor
How Can Expungement Affect My Future?
Typically, a California expungement significantly helps you secure employment, as you no longer need to disclose your criminal record on applications, and employers are barred from discriminating against you based on your expunged record.
It can also facilitate obtaining a state professional license and potentially help you avoid immigration complications.
Once your conviction is expunged, your record will still indicate an arrest and conviction, but the conviction is considered dismissed in the public interest. Note that this differs from a factual innocence motion.
What a Dismissal Does Not Accomplish
Once your California conviction has been dismissed under PC 1203.4, certain limitations still apply, such as:
- While expungement removes many barriers, it does not lift certain restrictions, such as those related to driving privileges, firearm ownership, or sex offender registration. Understanding these limitations helps you set realistic expectations for what expungement can accomplish.
- A dismissal does not restore a suspended or revoked driver's license.
- If your conviction prevents you from owning or possessing a firearm, a dismissal will not reinstate your California gun rights.
- If you are convicted of another criminal offense later, your dismissal can still be considered as a prior conviction to increase your sentencing.
In certain cases, the issues mentioned above might be resolved through alternative forms of post-conviction relief, such as a California Certificate of Rehabilitation or a California Governor's Pardon.
Why You Need a Criminal Defense Lawyer
If you were convicted of a crime in California and are considering an expungement, contact us to carefully examine your conviction details to assess your eligibility and available legal options.
Having your criminal record expunged can significantly affect your chances of getting a job. If eligible, you can petition the court to expunge your California criminal record after completing probation or if early termination is granted.
The time it takes to complete the expungement process varies, but our office typically files the petition and has it heard in court within a few months. Contact Cron, Israels & Stark for a case review.
California Penal Code 4800 governs the process for applications for commutation of sentence in California.