Expungement/Record Sealing

If you plead guilty to a misdemeanor or a felony AND received probation

If you are not serving a sentence on another case, or on probation or parole for another case, then once you complete all the terms of probation (finished your jail or community service sentence, paid your fines and court fees, paid restitution if you owe it, served your probationary time without a new offense), or you are discharged from probation early (after completing all the terms), then you are entitled to petition the court for relief from your plea of guilty and the court will dismiss your case pursuant to Penal Code 1203.4.

NOTE: This section does not apply to violations of Penal Code 286(c), 288, 288a(c), 288.5, 289(j), 311.1, 311.2, 311.3, 311.11, or felony convictions for Penal Code 261.5 It is discretionary as to misdemeanors falling under Vehicle Code 42002.1 (dealing with convictions for Vehicle Code 2800 et all affecting one’s driver’s license privilege).

NOTE: The dismissal under 1203.4 does not affect the prosecution’s ability to use this crime as a “prior” against you.

Note: This does not relieve a person from the prohibition against owning firearms per Penal Code 29800 et all.

If you plead guilty to a misdemeanor without probation, OR you plead guilty to an infraction:

After one year passes, if you have not committed a new offense, are not serving a sentence elsewhere, and have satisfied all the terms of the sentence, you are entitled to relief under Penal Code 1203.4a.

If you plead guilty to a felony AND receive a prison sentence that can be served in county jail pursuant to Penal Code 1170(h):

Under Penal Code 1203.41, the Court can grant relief for these cases now IF the following conditions are true: (1) you are no longer serving a probationary sentence under this section, (2) you are not currently involved in another case, (3) and 1 (if sentenced under Penal Code 1170(h)(B)(5) or 2 years have lapsed (sentenced under Penal Code 1170(h)(A)(5)).

NOTE: The dismissal under 1203.41 does not affect the prosecution’s ability to use this crime as a “prior” against you.

Note: This does not relieve a person from the prohibition against owning firearms per Penal Code 29800 et all.

How does this affect my ability to keep my employer from finding out about my case?

The general rule is that a dismissal of a case pursuant to Penal Code 1203.4 does not “count” as a conviction when it comes to indicating convictions on an employment application. The three exceptions are (1) seeking federal employment, (2) seeking a job requiring state licensing, and (3) contracting with the state lottery.

If you plead guilty to a misdemeanor or felony and received Proposition 36 drug treatment:

Penal Code section 1210.1 entitles you to a total expungement if you have satisfied the terms of treatment. The difference under this section is that once the court grants relief, then both the arrest and conviction are deemed not to have occurred. It is not necessary to complete probation—only the required drug treatment program must be completed.

Note: This does not relieve a person from the prohibition about owning firearms under Penal Code 29800 et all.

If you were sentenced to state prison:

If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation, you are not eligible for a dismissal under Penal Code section 1203.4 or 1203.4a. However, you may be eligible for a certificate of rehabilitation and pardon.

If you are being investigated for a criminal offense, or have been charged with a criminal offense, and want to know how to best proceed, please contact the attorneys at Jackson Law online or call Jackson Law at 650-587-8556.

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