If you have a criminal conviction in California, you may wonder if there’s a way to move forward without your record holding you back. Fortunately, a California expungement under Penal Code 1203.4 PC offers a path to a fresh start. While it won’t erase your criminal record entirely, it can remove certain barriers to employment, housing, and professional licensing.
This guide explains how expungement in California works, what the eligibility requirements are, which crimes can and cannot be expunged, and how Esfandi Law Group can help you through the process.
What Is Expungement Under California Penal Code 1203.4?
Under California Penal Code 1203.4, a person who has completed probation may petition the court to withdraw their guilty or no contest plea, or if convicted after trial, to have a guilty verdict set aside. In either case, if the court grants the petition, the case is dismissed. While the conviction remains on your record, it is marked as dismissed, which can significantly improve your background check results.
It’s important to understand that the California expungement law does not remove the conviction entirely, and it does not reinstate firearm rights, remove sex offender registration requirements, or prevent the conviction from being used against you in future legal proceedings. However, it can still be a powerful tool in rebuilding your life.
What Crimes Can Be Expunged in California?
Many people are surprised to learn that a wide range of criminal convictions in California may qualify for expungement, particularly if the individual has completed all the terms of their sentence. While not every offense is eligible, expungement provides a valuable second chance for those who meet the criteria outlined in California Penal Code 1203.4.
To qualify, the petitioner must generally have:
- Successfully completed probation (or obtained early termination);
- Paid all court fines, fees, and restitution in full;
- Not served time in state prison for the offense (unless realignment under AB 109 applies); and
- No new criminal charges or pending cases at the time of filing.
If these conditions are met, many non-violent offenses are eligible.
Here are some examples of what crimes can be expunged in California:
Misdemeanor Offenses Commonly Eligible for Expungement
Misdemeanor offenses are often eligible for expungement. Common misdemeanors eligible include:
- Driving under the influence (DUI). First-time DUI offenses may be expunged if probation was completed, although they still count as priors for future DUIs.
- Petty theft. Theft of property worth $950 or less is often eligible, especially after the passage of Prop 47.
- Drug possession. Many simple possession charges can be dismissed if the terms of probation are completed.
- Trespassing. The offense may be expunged if the terms of probation are fulfilled.
- Vandalism. If the damage was not excessive and restitution was paid, vandalism may qualify for expungement.
Every case is unique, so it is best to speak with an attorney to determine your eligibility.
Felony Offenses That May Be Reduced and Expunged
Under California law, some felonies may be reduced to misdemeanors before being expunged. These are known as “wobblers” and include:
- Assault with a deadly weapon—depending on the circumstances;
- Commercial burglary—if the offense qualifies as second-degree burglary and meets the other requirements;
- Domestic battery—in some cases, depending on whether probation was completed without incident; and
- Forgery—if the amount involved was under $950, may qualify under Prop 47.
Remember, expungement does not mean the conviction disappears. Instead, the court reopens the case, sets aside the plea or verdict, and dismisses it. This process marks the record as dismissed, which can be helpful for employment, housing, and licensing purposes.
Why Legal Review Is Critical
Even if your offense appears eligible, eligibility alone doesn’t guarantee success. Judges can deny petitions based on incomplete rehabilitation, unpaid court costs, or objections from the District Attorney’s Office. A skilled attorney can help you present the strongest possible case and avoid procedural pitfalls.
If you’re unsure whether your conviction qualifies under California Penal Code 1203.4, Esfandi Law Group can review your case and advise you on the best path forward. Every situation is different, and we’re here to help you understand your options clearly and confidently.
What Crimes Cannot Be Expunged in California?
Certain offenses are ineligible for expungement under California law, particularly those involving serious violence or sex offenses against children.
Examples include:
- Felony sexual offenses involving minors,
- Certain domestic violence convictions with prior offenses,
- Murder or attempted murder,
- Lewd acts with a minor, and
- Child pornography possession or distribution.
If your conviction falls into one of these categories, you may need to explore other legal remedies, such as a certificate of rehabilitation or a governor’s pardon.
Benefits of Expungement in California
A criminal record can follow you long after you’ve completed your sentence. Fortunately, a California expungement offers several valuable benefits to help you move forward.
Expungement can:
- Improve job opportunities. Private employers are typically not allowed to use the conviction against you when making hiring decisions.
- Protect your reputation. In most situations, you may legally say you have not been convicted of a crime, which can help restore your personal and professional image.
- Ease licensing and certification. Some agencies still require disclosure, but an expunged record may strengthen your application and demonstrate rehabilitation.
- Support housing and loan applications. With fewer visible convictions, landlords and lenders may view you as a lower risk.
- Offer peace of mind. Knowing the court has dismissed your conviction can relieve emotional stress and provide closure.
In many cases, expungement also helps remove obstacles when applying for volunteer roles, professional networking opportunities, or other community positions that require background checks. A dismissed case can make it easier to participate fully in personal and civic life.
While expungement does not completely erase your criminal record, it can make a significant difference in your ability to work, live, and grow without the stigma of a conviction.
How to File for Expungement in California
The expungement process can be straightforward with the right guidance. Here’s an overview of the typical steps involved:
1. Determine Eligibility
You’ll need to confirm whether your conviction qualifies for expungement by reviewing the original charge, how you served your sentence, and whether you completed probation.
2. Gather Documentation
Obtain a copy of your criminal record, including the case number and details of your sentence. You may also need court minutes, proof of probation completion, and payment records for fines.
3. Prepare the Petition
File a Petition for Dismissal and an Order for Dismissal with the superior court in the county where you were convicted. A filing fee may apply, or you can request a fee waiver if eligible.
4. Serve the Prosecutor
Notify the District Attorney’s Office, which may oppose the request, especially if there are concerns about public safety or incomplete rehabilitation.
5. Attend the Hearing
Some counties require a hearing, where a judge will consider the merits of your case. Your attorney can advocate on your behalf and present evidence of rehabilitation, employment, and good conduct.
At the conclusion of these steps, the judge will issue a decision. If your petition is granted, your conviction is officially dismissed.
Taking these steps doesn’t just check a box; it can change your life. A successful expungement removes a major barrier to opportunity and helps you regain control of your narrative.
How Esfandi Law Group Can Help
Expunging a criminal record in California may sound simple, but the process is often long, detailed, and highly technical. Every petition must comply with strict procedural rules and court formatting requirements. Missing a deadline, using outdated forms, or failing to include the correct documentation can cause costly delays—or even lead to a denial.
At Esfandi Law Group, we help you avoid those setbacks by managing every step of the expungement process with diligence and precision. Our legal team:
- Determines whether you meet eligibility under California’s expungement law;
- Prepares and files all necessary forms with the appropriate court;
- Ensures compliance with updated rules and legal standards;
- Represents you at any hearings, if required; and
- Follows up with the court to confirm dismissal and final results.
With over 20 years of experience in California criminal defense, we understand how to present your case clearly and persuasively to maximize your chance of success. We also help ensure the process moves forward efficiently without avoidable obstacles or delays.
If you’re ready to leave your past behind and regain control of your future, we’re here to make that process smoother and more effective.
Take the First Step Toward a Clean Slate
A criminal conviction doesn’t have to define the rest of your life. If you’re ready to learn whether California expungement is right for you, Esfandi Law Group is here to guide you every step of the way.
We offer free consultations and provide services in both English and Spanish. Let our experienced team help you petition for expungement and rebuild your future without the weight of a past conviction. Call us today to get started and take control of your future.
