What Is Expungement in California?
Expungement in California is the legal process of having a criminal conviction dismissed after you have completed your sentence. Under Penal Code 1203.4, a court can reopen your case, set aside the guilty verdict, enter a plea of not guilty, and dismiss the case entirely. While expungement does not erase your record completely, it provides significant relief — particularly for employment, housing, and professional licensing purposes.
If you have a criminal conviction and want to move forward with your life, the attorneys at RV Litigation Group PC can help. We assist clients throughout San Jose, San Francisco, Oakland, Sunnyvale, and across Santa Clara County, Alameda County, and San Francisco County with expungement petitions, felony reductions, and other record-clearing remedies.
What the Law Says
Penal Code 1203.4 — Misdemeanor and Felony Expungement (Probation Cases)
"In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation... the defendant shall, at any time after the termination of the period of probation, be permitted by the court to withdraw his or her plea of guilty... and the court shall thereupon dismiss the accusations or information against the defendant." — California Penal Code Section 1203.4(a)
PC 1203.4 is the primary expungement statute in California. It applies to both misdemeanor and felony convictions where the defendant was granted probation (formal or informal) and has completed all conditions of probation. Once granted, the conviction is legally dismissed. Courts in Santa Clara County process hundreds of expungement petitions each year, and judges routinely grant them when the eligibility requirements are met. Importantly, if you violated probation during your term, expungement is not automatic — but the court has discretion to grant it if it finds you deserve relief.
Penal Code 1203.41 — Felony Expungement (Prison Cases)
"A defendant who was convicted of a felony and sentenced to state prison... after their release from state prison and completion of parole or post-release community supervision, may petition for relief under Section 1203.4." — California Penal Code Section 1203.41 (paraphrased)
PC 1203.41 extends expungement eligibility to individuals who served time in state prison — a category that was previously ineligible under PC 1203.4. This statute applies to felonies that would have been served in county jail under the 2011 Realignment Act (AB 109). The petition process is similar to PC 1203.4, but the court has more discretion in granting or denying the petition. Factors considered include your post-release conduct, rehabilitation efforts, and whether granting the petition serves the interests of justice.
Penal Code 17(b) — Felony Reduction to Misdemeanor
"When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail... the court may, either at the time of the plea or at the time of the probation hearing or thereafter, reduce the offense to a misdemeanor." — California Penal Code Section 17(b)
PC 17(b) allows "wobbler" offenses — crimes that can be charged as either a felony or a misdemeanor — to be reduced from a felony to a misdemeanor. This is often a critical first step before seeking expungement, because a felony on your record carries far greater consequences than a misdemeanor. Once reduced, the conviction is treated as a misdemeanor for all purposes. Courts in Alameda County and San Francisco County regularly grant PC 17(b) motions when the petitioner demonstrates rehabilitation and a crime-free record since the conviction.
Real-World Examples
These scenarios illustrate how expungement helps real people across the Bay Area:
A software engineer in San Jose was convicted of misdemeanor DUI five years ago. He completed all probation conditions, paid all fines, and has had no further arrests. He wants to apply for a management position but is concerned the conviction will appear on a background check. He petitions for expungement under PC 1203.4. The court grants the petition, dismissing the conviction and allowing him to truthfully state on job applications that he has not been convicted of a crime.
A woman in Oakland was convicted of felony grand theft (PC 487) seven years ago and was granted probation. She has since earned a college degree and started her own business, but the felony conviction is limiting her opportunities. Her attorney first files a PC 17(b) motion to reduce the felony to a misdemeanor, and then immediately files for expungement under PC 1203.4. Both motions are granted, clearing the felony from her record.
A man in San Francisco was convicted of felony drug possession (HS 11377) in 2013. Under Proposition 47, passed in 2014, simple drug possession was reclassified as a misdemeanor. His attorney files a petition to have the felony redesignated as a misdemeanor and then expunged. The court grants both petitions, significantly improving his employment and housing prospects.
A man in Sunnyvale served state prison time for a felony assault conviction fifteen years ago. Because he served time in prison, he was not initially eligible for standard expungement. However, after demonstrating years of rehabilitation, stable employment, and community involvement, his attorney files for a Certificate of Rehabilitation under PC 4852.01. The certificate serves as a court recommendation for a governor's pardon and restores certain rights.
Record-Clearing Options
California offers several pathways to clear or reduce a criminal record. The right option depends on the type of conviction, the sentence imposed, and your post-conviction conduct.
| Relief Type | Statute | Eligibility | Effect |
|---|---|---|---|
| Misdemeanor Expungement | PC 1203.4 | Completed probation, no pending cases | Conviction dismissed |
| Felony Expungement (Probation) | PC 1203.4 | Completed probation, no pending cases | Conviction dismissed |
| Felony Reduction to Misdemeanor | PC 17(b) | Wobbler offense, completed probation | Felony becomes misdemeanor |
| Certificate of Rehabilitation | PC 4852.01 | 7+ years after release, rehabilitation shown | Court recommendation for pardon |
| Record Sealing (Arrest Only) | PC 851.91 | Arrest without conviction, case dismissed | Arrest record sealed and destroyed |
| Juvenile Record Sealing | WIC 781 | Age 18+, rehabilitation demonstrated | Juvenile records sealed |
Important limitations: Expungement does not restore firearm rights (a separate petition or pardon is required), does not remove the duty to register as a sex offender if applicable, and does not prevent the conviction from being used as a prior in future sentencing. However, expungement provides substantial benefits: you can legally deny the conviction on most job applications, it removes a significant barrier to housing and professional licensing, and it demonstrates to courts that you have taken responsibility and moved forward.
Eligibility & Process
Understanding whether you qualify and what the process involves is the first step toward clearing your record. Here is what you need to know:
1. Who Qualifies for Expungement
You are eligible for expungement under PC 1203.4 if you were convicted of a misdemeanor or felony and were granted probation (formal or informal), you have completed your probation term (or obtained early termination), you are not currently charged with a crime, on probation for another offense, or serving a sentence, and the offense is not one of the few categories excluded from expungement (such as certain serious sex offenses under PC 261, 286, 288, and 289 that involved minors). Even if you violated probation, the court has discretion to grant expungement if it determines you deserve relief.
2. Step-by-Step Process
The expungement process typically takes 6 to 12 weeks from filing to resolution. Your attorney will obtain your complete criminal record and court file, determine which convictions are eligible for relief, prepare the petition (form CR-180 or CR-181) along with supporting declarations, file the petition with the court that handled the original case, attend the hearing (if required — some courts decide on the papers alone), and if granted, obtain the court order and ensure it is reflected in your criminal record. We handle all paperwork, filings, and court appearances so you can focus on moving forward.
3. Felony Reduction First (PC 17(b))
If you have a wobbler felony conviction, the most effective strategy is often to file a PC 17(b) motion to reduce the felony to a misdemeanor before filing for expungement. This two-step approach maximizes the benefit: the reduction means you no longer have a felony on your record for any purpose, and the subsequent expungement dismisses the conviction entirely. We evaluate whether your conviction qualifies as a wobbler and handle both filings.
4. Proposition 47 Resentencing
Proposition 47, passed by California voters in 2014, reclassified several nonviolent felonies as misdemeanors — including simple drug possession (HS 11377), petty theft under $950 (PC 490.2), shoplifting (PC 459.5), and receiving stolen property under $950. If you have an old felony conviction for one of these offenses, you may be eligible to have it redesignated as a misdemeanor under PC 1170.18, and then expunged. This is a powerful tool for clearing old felonies that would not have been felonies under current law.
5. Marijuana Convictions
Following the passage of Proposition 64 (the Adult Use of Marijuana Act) in 2016, many marijuana-related convictions are eligible for resentencing, reduction, or dismissal. If you were convicted of possessing, cultivating, or distributing marijuana under the old laws, you may petition to have the conviction reduced or dismissed entirely. The California Department of Justice has also conducted automatic reviews of eligible convictions, but many cases still require individual petitions. We help clients navigate this process and obtain the relief they deserve.
6. Timeline and Costs
Most expungement petitions are resolved within 6 to 12 weeks of filing. The court filing fee for an expungement petition is typically $120 to $150, though fee waivers are available for those who qualify based on income. Attorney fees vary based on the complexity of the case and the number of convictions involved. If a hearing is required, we prepare thoroughly and attend on your behalf. The investment in clearing your record pays dividends for years — in better job opportunities, housing access, and peace of mind.
Frequently Asked Questions
In most cases, no. Under California law, once a conviction is expunged under PC 1203.4, the case is dismissed and you can legally answer "no" when asked if you have been convicted of a crime on most job applications. However, there are exceptions: expunged convictions must still be disclosed when applying for a state license, a law enforcement position, or a government job requiring a security clearance. The conviction may also still appear on FBI background checks for certain federal purposes.
Yes. There is no limit on the number of convictions that can be expunged under PC 1203.4, as long as each conviction meets the eligibility requirements. Each conviction requires a separate petition. If you have multiple convictions on your record, your attorney can file petitions for all eligible convictions simultaneously to streamline the process.
Not directly, but you may be able to petition for early termination of probation under PC 1203.3 first, and then immediately file for expungement once probation is terminated. Courts generally consider early termination after you have served at least half of your probation term and have fully complied with all conditions. Your attorney can file both motions strategically to expedite the process.
It depends on the specific offense. Some sex offenses that were granted probation may be eligible for expungement under PC 1203.4. However, offenses that require lifetime sex offender registration under Tier 3 of PC 290 are generally not eligible. Offenses under Tier 1 or Tier 2 may be eligible for registry removal after completing the minimum registration period, but this is a separate process from expungement. Consult an attorney to evaluate your specific situation.
No. California state expungement under PC 1203.4 only affects the state court record. The FBI maintains its own database, and expunged state convictions may still appear on federal background checks. However, the expungement should be reflected as a dismissal in the state records that feed into the FBI database. For federal convictions, you would need a presidential pardon or other federal remedy — California courts have no authority over federal records.
