If you have been convicted of a Crime in California, you or your legal representative may apply to have your conviction expunged under Penal Code Section 1203.4 if certain requirements are met.

What Types of Convictions Are Not Eligible For Expungement?


Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence.  Some offenses are not eligible for expungement and include:conviction under

• California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and
• Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
• Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.

When Does Penal Code Section 1203.4 Apply?

Penal Code Section 1203.4 may be applied to explunge your record if the following requirements are met:

1. You were convicted of a misdemeanor;
2. You were granted probation;
3. You cmpleted your probation successfully;
4. You paid all of your fines; and
5. You otherwise completed the terms set forth by the Court.

What If You Had Problems Completing Probation?

If you had problems completing the terms your probation, but ultimately did complete probation successfully, you may still be eligible for an expungement, but it would be wise to contact an experienced attorney to complete the motion for expungement for you.

How To Apply For Expungement Under PC 1203.4?

You may apply for expungement by contacting an attorney to prepare the documentation and file it for you, or you may go down to the courthouse where you received your conviction and ask for an expungement packet. Certain fees and fines may apply and you may also apply for a fee wavier if you are unable to pay the fees.