By Anthony Jones, J.D. - The Berhe Law Firm, APC
A criminal record follows you. It shows up on background checks, rental applications, and professional licensing reviews. For many Californians, a past conviction - sometimes from years or decades ago - continues to create barriers long after they have completed their sentence, paid their fines, and rebuilt their lives. But California law provides a path to relief. Under Penal Code Section 1203.4, eligible individuals can petition the court to withdraw their guilty plea, enter a plea of not guilty, and have the case dismissed. This is what most people refer to as "expungement." It is not a complete erasure of your record - but it is one of the most powerful tools available for moving forward.
What Expungement Actually Does
An expungement under Penal Code 1203.4 does not erase your criminal record entirely. Instead, it reopens your case, sets aside the conviction, and enters a dismissal. After expungement, your record will show that the case was "dismissed in the interest of justice" rather than showing a conviction.
The practical effects are significant. Under California Labor Code Section 432.7 and Government Code Section 12952 (the Fair Chance Act), most private employers cannot ask about or consider expunged convictions in hiring decisions - even after making a conditional offer of employment. You can legally answer "no" when asked whether you have been convicted of a crime on most job applications, with certain exceptions for government positions and professional licensing.
However, expungement has limitations. It does not:
- Restore firearm rights lost due to a felony conviction
- Remove the obligation to register as a sex offender under Penal Code Section 290
- Prevent the conviction from being used as a prior offense in future criminal cases
- Reinstate a suspended or revoked driver's license
- Affect immigration consequences - federal immigration authorities do not recognize California state expungements
Who Qualifies for Expungement Under PC 1203.4
To be eligible for expungement under Penal Code 1203.4, you generally must meet all of the following conditions:
- You were convicted of a misdemeanor or felony in California
- You successfully completed probation - including paying all fines and restitution, completing community service or counseling programs, and complying with all court-ordered conditions
- You are not currently serving a sentence for any offense
- You are not currently on probation for any offense
- You are not currently charged with any criminal offense
Most misdemeanor convictions are eligible. Many felony convictions are also eligible, particularly non-violent offenses. However, certain serious offenses are excluded - including violent felonies, serious felonies as defined under Penal Code Section 1192.7(c), and sex offenses requiring registration.
If you were not placed on probation, Penal Code Section 1203.4a allows you to petition for dismissal one year after the date of your conviction, provided you have met all other conditions.
What If I Was Sentenced to State Prison?
Historically, anyone sentenced to California state prison was automatically ineligible for expungement under PC 1203.4. Senate Bill 731, effective July 1, 2023, changed this significantly.
Under the amended Penal Code Section 1203.41, individuals who served time in state prison may now petition for expungement if:
- At least two years have passed since completing their prison sentence
- They are not currently serving a sentence, on parole, or charged with a new offense
- The conviction is not for an offense requiring sex offender registration
- The conviction is not for a crime specifically excluded by statute
This expansion represents one of the most significant changes to California expungement law in decades, opening relief to thousands of individuals who were previously ineligible.
California's Clean Slate Act: Automatic Record Relief
In addition to the traditional petition process, California has moved toward automatic record relief through Assembly Bill 1076 (2019) and Senate Bill 731 (2022) - collectively known as the Clean Slate Act.
Under this framework, the California Department of Justice reviews criminal records on a monthly rolling basis and automatically applies relief to eligible records. This means:
- Arrest records where no charges were filed are automatically sealed (1 year for misdemeanors, 3 years for felonies)
- Misdemeanor convictions where probation was completed successfully are automatically given relief
- Certain felony convictions are automatically sealed four years after the case is completed
When automatic relief is granted, the record receives a "relief" notation that prohibits public disclosure, and court records are sealed.
However, automatic relief does not cover all eligible cases. If your record has not been automatically cleared - or if you want to expedite the process - filing a formal petition under PC 1203.4 remains the most reliable path.
The Expungement Process: Step by Step
The process for obtaining an expungement involves several steps:
Step 1: Determine Your Eligibility
Review the details of your conviction, sentence, and probation status. Confirm that you have completed all conditions and have no pending matters.
Step 2: Obtain Your Criminal Record
Request a copy of your criminal history from the California Department of Justice. This will help identify the exact charges, case numbers, and court where your case was heard.
Step 3: Prepare the Petition
For a completed misdemeanor probation, you file a Petition for Dismissal under Penal Code 1203.4 (commonly using Judicial Council form CR-180). For felonies that qualify as "wobblers" - offenses that can be charged as either a felony or misdemeanor - you may first need to file a motion to reduce the charge to a misdemeanor under Penal Code Section 17(b) before filing the expungement petition.
Step 4: File With the Court
File the petition with the superior court in the county where your case was originally heard. Filing procedures and fees vary by county.
Step 5: Attend the Hearing
In many cases, the court grants the petition without a hearing. However, the district attorney may object, particularly in felony cases. If a hearing is scheduled, you or your representative will need to appear and present your case for why expungement is in the interest of justice.
Step 6: Receive the Court Order
If granted, the court enters an order setting aside the conviction and dismissing the case. This order is then reported to the California Department of Justice, which updates your criminal record.
The process typically takes 4 to 8 weeks from filing to disposition, though this varies by county and caseload.
Pro Se vs. Attorney Representation
"Pro se" means representing yourself - filing the paperwork without hiring an attorney. California law allows individuals to file for expungement pro se, and many people do so successfully.
The key advantage of the pro se approach is cost. Attorney-represented expungements can cost $1,500 to $5,000 or more, depending on the complexity of the case. A pro se filing involves only the court filing fee and the cost of obtaining your criminal record.
The challenge with pro se filing is procedural. Each court has its own filing requirements, deadlines, and local rules. Using the wrong form, missing a deadline, or failing to properly serve the district attorney can result in delays or denial.
This is where a document preparation service can provide significant value. Rather than paying full attorney fees for what is often a straightforward petition, a document preparation service handles the research, form completion, and filing instructions - while you retain control of the process and file the documents yourself.
What About Early Termination of Probation?
If you are still on probation and want to pursue expungement, the first step is requesting early termination of probation under Penal Code Section 1203.3.
Courts generally will not consider early termination until you have completed at least half of your probation term. Factors the court considers include:
- Whether you have completed all court-ordered conditions (counseling, community service, fines)
- Your compliance record during probation
- Whether continued probation serves any purpose
- Whether probation is causing undue hardship (affecting employment, housing, or travel)
If early termination is granted, you can immediately petition for expungement.
After Expungement: What Changes
Once your expungement is granted:
- Most private employers cannot ask about or consider the conviction in hiring decisions
- You can truthfully answer "no" on most applications asking about criminal convictions
- Professional licensing boards must consider the expungement when evaluating your application, though some regulated professions (law enforcement, certain healthcare positions) may still have access to the full record
- Your record is updated to show "dismissed in the interest of justice"
- Background check companies are required to update their databases, though this can take time
What does not change:
- Federal background checks may still show the original conviction
- Immigration authorities do not recognize state expungements
- If you are charged with a new offense, the expunged conviction can still be used as a prior
- Sex offender registration obligations are not affected
Taking the First Step
A criminal record does not have to define the rest of your life. California's expungement laws - particularly with the recent expansions under SB 731 and the Clean Slate Act - provide meaningful relief for individuals who have served their sentences and moved forward.
The process is navigable, especially with the right preparation. Whether you pursue expungement through an attorney, pro se with document preparation assistance, or wait for automatic relief under the Clean Slate Act, the most important step is understanding your eligibility and your options.
The Berhe Law Firm, APC offers a $350 Pro Se Expungement Document Package that includes eligibility review, preparation of court-ready CR-180 petition and proposed order, county-specific filing instructions, and guidance through the process. You file with the court yourself - we prepare everything you need to do it correctly.
Contact our office at (662) 482-4781 or visit our Criminal Law & Expungement page to learn more.
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