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How To Get A Conviction Expunged

Posted on May 20th, 2009 Christopher Dort 9 comments

Need to clear up your criminal record? In California, it is possible to get a conviction removed from a criminal record by getting an “expungement”. Here is how it works.

What is an Expungement?

Expungement is a legal process through which a person may get a conviction removed from the court’s files and off of a criminal record. It is a post conviction dismissal.

Most states have similar processes, but in California expungements and/or “petitions for certificates of rehabilitation” are controlled by the provisions of California Penal Code section 1203.4. If you have an old misdemeanor conviction, or minor felony conviction, getting the conviction expunged has the same effect as a dismissal.

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Generally it starts with the filing of a Petition with the court clerk, and then a court hearing in front of a judge. A judge reviews the petition and can grant the petition, deny it, or say come back later.

Once an expungement (or petition for certificate of rehabilitation) is approved by the court, a record of conviction is removed form the court’s files, and the defendant can go on with their life as if the conviction never happened.

For people who have lost employment opportunities because of an old conviction, an expungement can be a god send and an economic boost. At the very least, cleaning up a criminal record is a great relief.

The process for getting a conviction expunged is somewhat complicated, but if your conviction qualifies, expungements are routinely granted by the courts, but it requires some work and may require court appearances.

What kind of cases or convictions can be expunged?

Most misdemeanors and minor felonies qualify (see below). But to get an expungement granted, the defendant usually must have completed their sentence without trouble, and have completed any term of probation to its end. New convictions do not qualify, nor do convictions where the defendant is still on probation, or still owes fines or jail time. However, in some cases, probation can be terminated early under authority Penal Code section 1203.3.

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With felony convictions, the matter is more complicated, but can be done. If the conviction could have been charged by the prosecutor as a misdemeanor or a felony originally (known as a “wobbler” offense), the felony conviction can be reduced to a misdemeanor through application to the court under authority of Penal Code section 17(b) (”17b motion”).

Once the conviction is reduced to a misdemeanor, the expungement process is used to expunge it as a misdemeanor, rather than a felony.

Expungement petitions can be filed and completed by everyday people. The best way to start is to go to the local law library and ask for the Practice Guide on criminal expungements to get a sample petition that you can use as a template.

However, getting an Attorney to do the work is usally a more fficient option. An attorney can often do the work much faster and more accurately because they have specific training on how to get it done right. And usually, it can be done without the client having to attend a court appearance.

If you have an old conviction you want expunged, request a Free Case Review and let us show you why it makes sense to have a professional do the work.

Here is a table to illustrate what can be done in certain situations:

Conviction Status	Steps to Expungement	Legal Process / Statutes
Misdemeanor conviction and probation sill pending.	1) Make a motion to the court for early termination of probation; and 2) file petition to have conviction dismissed.	Prepare and file a petition to have probation terminated early under Penal Code section 1203.3, and then file a petition for expungement under Penal Code section 1203.4.
Misdemeanor conviction and probation completed.	File petition to have conviction dismissed.	Attorney prepares and files Penal Code section 1203.4 petition for expungement with the court where the conviction exists. The Court then reviews the petition and supporting documents, and makes a ruling.
Misdemeanor conviction and no probation at all.	Prepare and file petition to have conviction dismissed with the court where conviction occurred.	Prepare and file PC 1203.4a petition for expungement.
Felony conviction and are still on probation.	Step 1: Request early release from probation; and 2: File petition to have conviction reduced to misdemeanor; and 3: file motion to dismiss the newly created misdemeanor.	Prepare and file a PC 1203.3 petition to have probation terminated early. Prepare and file a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.
Felony conviction, probation (or county jail time) completed	File petition to have conviction reduced and dismissed.	Attorney drafts and files a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.
Felony conviction with no probation, but sentenced to county jail.	File petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed.	Attorney prepares and files a PC 17(b) petition to get felony reduced, and PC 1203.4a petition for expungement.

Frequently Asked Questions Re: Expungements and 17(b) Motions:

Can Probation Be Ended Early?

Yes. In California, a defendant may apply for early termination of probation under Penal Code section 1204.3. A motion for early termination of probation is often granted where the defendant have proven substantial compliance with probation terms. The judge has discretion to approve or deny a motion for early termination of probation.

Where Can I Get Expungements Forms?

There is a standardized packet of expungement forms for California created by the Judicial Counsel. They can be found at: http://www.courtinfo.ca.gov/selfhelp/

What If I Had Probation Violations?

Probation violations generally will not prevent an expungement as long as probation was not revoked, and was completed at some point. However, a judge does have the discretion to deny a petition.

How Do I Find Out If My Probation Is Over?

To get information on a criminal conviction and terms of probation, you should contact the criminal division clerk of the court where the conviction occurred. It is usually best to have the case # ready for the clerk.

What Sort of Convictions Qualify For Expungement?

Most misdemeanors and minor felonies qualify. Common convictions that get expunged are Vehicle Code section 14601 (Driving on a suspended license, Vehicle Code section 23152 (DUI), and Penal Code section 242 (assault).

What Is a Penal Code 17(b) Motion?

Penal Code section 17(b) is the law that allows a defendant to ask a judge to reduce a felony to a misdemeanor. This is important in the expungement process, because it is usually prudent to get a felony reduced to a misdemeanor prior to asking for expungement.

A 17b motion is really a written request from an attorney or defendant to the court asking for the reduction. A good motion includes the reasons why it is in the “interests of Justice” for the Judge to grant the request. The need for gainful employement is often a good reason to ask. The 17b motion can be made at any time, even after the felony case is over. Normally it is made prior to conviction, and/or after probation is over.

-Attorney Christopher Dort

Free Case Review

Questions: cdort@dortlaw.com

For More info buy: DUI Process: Clear Your Drunk Driving Record.

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9 Responses to “How To Get A Conviction Expunged”

Jeff dugas April 26th, 2008 at 7:24 am

Can an old { 10+ years ] felony WARRANT be expunged ?

Answer: No. You cannot “Expunge” a warrant. Only a conviction can be expunged. A warrant means the case is still pending, and an expungement can only happen after a conviction, after the case is completely over, and after the defendant has stayed out of trouble for a number of years. If you have a warrant from a pending case, you need to take care of the case way before it can be expunged - and having a warrant issued is not a good place to start.
Attorney C. Dort: Email : cdort@dortlaw.com.
Richard Walker August 17th, 2008 at 3:48 pm

I have 2 misdemeanor convitions from 1998 (I was 19 years old and full of testosterone!) One is for petty theft and the other for battery. I have not had any other problems until this year and I now have a misdemeanor concealed weapons charge (in Oakland) for transporting a weapon (registered to me) without a case and lock. Big mistake, but definitely not malicious! I would like to expunge the old convictions and prevent anything from showing on this current case…what can I do? Like I said, no other problems, family man, member of church…HELP!

ANSWER:

Most non violent misdemeanor convictions can be “expunged” or dismissed from the courts records in California cases once a convicted criminal has completed probation, and stayed out of trouble long enough that the court is convinced the person has been “rehabilitated” from the behavior that lead to the conviction.

To get this done, a defendant must file a Petition for a Post Conviction Dismissal of the case (Expungement). Judges have discretion to grant to deny the petition based upon ther defendants record. Usually, a defendant must have stayed out of trouble to get the petition granted by the court. Because of this, picking up a new case involving a fire arm may disqualify you. However, whether or not the new case causes a problem cannot be determined until it is resolved finally. It may get dismissed, and not cause a problem, or lead to a new conviction that would cause a problem.
james ingrum June 5th, 2009 at 4:21 am

i have some traffic tickets and need to get one off cause it is causing me some hard ship with my job. Can i get it expunged?
Christopher Dort June 11th, 2009 at 2:01 am

I guess what you are really saying is that you were convicted of a moving violation that is on your DMV driver history report and that your employer has a problem with that entry on the report. Do you want to know if there is a way to get it off of the DMV Report?

Generally, only criminal convictions in court can be “expunged” at the court. However, the DMV of your locale probably has “discretionary power” to remove a record from your driver history report. Call the DMV to find out if your moving violation can be removed. Most DMVs will remove violations from the drivers history after a specified amount of time passes, usually 5 years. If it is a brand new violation that you have not appeared in court for yet - try to get a traffic school referral which will prevent a point from being added to your DMV history.
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Christopher Dort October 9th, 2009 at 8:42 pm

RE: Mel Gibson’s Record Wiped Clean. Thanks for the link. Getting an expungement for a misdemeanor DUI in CA is a relatively straight forward process that can usually be done for around $1500 (my fee) and 2 court appearances. Court fee is around $100. I provide free case reviews for expungements, and am happy to answer questions for free. -cdort@dortlaw.com
Stan Taylor January 3rd, 2010 at 7:22 am

about 9 years ago I was convicted of a second degree burglary. I WAS YOUNG AND DUMB AND MADE A BAD MISTAKE!!!. Unfortunately, I also got some probation violations without any new convictions here and there. However, I did complete my probation and it terminated. I apllied for an 1203.4 and 17b, 2 years ago and it got denied because of the reasons stated above. do you think I may have another chance if i send the judge support letters on my behalf and refile again? Thanks
Christopher Dort January 4th, 2010 at 6:55 pm

Stan, if a petition for expungement is denied, you can apply again later. I ponce had a judge tell me to come back in two years, and I did, then he grated my petition for a client with a serious offense. What you need to do is demonstrate that you have been rehabilitated. Letters will help, as well as a track record of employment, strong family life, etc. You want a “Certificate of Rehabilitation”, so you have to prove that is what you are. Getting a good lawyer’s help is probably worth the money to you - because your economic potential is greater without a Felony Conviction visible to employers.
Traffic Court Blog.com » Blog Archive » Dealing with Petty Theft and Shoplifting Charges Under P.C. 484 May 5th, 2010 at 10:02 pm

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How To Get A Conviction Expunged

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