If you were convicted of an infraction, a misdemeanor, or a felony and were not sentenced to state prison, you can petition for a dismissal; otherwise known as an expungement. California Penal Code 1203.4 allows those who are eligible to have their case re-opened, the finding of guilty withdrawn, and the case dismissed.
To be eligible, you must have satisfied all of the terms of your sentence:
- You must have completed probation or if you were not given probation, then one year must have passed since the date of your conviction
- Paid all fines, restitution and reimbursement
- You were charged and convicted in California State Court
- Completed any mandatory programs, community service, classes, etc.
- Not currently serving another sentence or probation for a subsequent conviction
- Not currently charged with another crime
You will be required to provide us with details of your conviction(s). Most of the information will be on the court papers you received at the time of your conviction. However, if you don’t have those papers, you can find the required information from several sources, such as:
- Your Parole or Probation Officer
- The Superior Court where you were convicted
- The California State Department of Justice Criminal Record Review Unit – (916) 227-3400
Although, expunging your criminal record will allow you to legally not have to disclose your prior record there are some limitations. For instance, an expungement will not overturn a driver’s license suspension or revocation. It will not allow you to restore your California gun rights. Also, expunging your record will not end your duty to register as a California sex offender, if applicable. In addition, in an application for a state license, you must disclose your criminal record even if the convictions have been expunged.
It typically takes about 2 to 5 months to receive the court order signed by the judge setting aside your conviction and dismissing your case. The order is then forwarded to the Department of Justice.
We make the process simple and affordable. Contact us today to get started with your expungement request.