What is Expungement in California?
California Penal Code § 1203.4
Expungement under PC 1203.4 is a legal process that allows you to:
- Withdraw your guilty or no contest plea
- Enter a plea of not guilty
- Have the criminal case dismissed by the court
- Update public records to show "dismissed" rather than "convicted"
Important: Expungement does NOT completely erase the conviction from all records, but it significantly limits who can see it and allows you to legally state you were not convicted in most situations.
Benefits of Expungement
How Expungement Helps You
Employment
- You can legally answer "no" to "Have you been convicted of a crime?" on most private employer applications
- Background checks show the case as "dismissed" rather than "convicted"
- Opens job opportunities previously closed due to criminal record
- Especially helpful for professional positions and management roles
Professional Licenses
- Improves chances of obtaining professional licenses (real estate, contractor, nursing, etc.)
- May help restore suspended professional licenses
- Shows licensing boards you've rehabilitated
Housing
- Landlords' background checks show case as dismissed
- Better chance of approval for rental applications
- Can legally state you have no conviction on applications
Personal & Community
- Restores reputation in Grass Valley community
- Peace of mind knowing your record is clear
- Ability to move forward without criminal record stigma
- Pride in completing probation and rehabilitation
Immigration
- May help in some immigration proceedings (consult immigration attorney)
- Shows rehabilitation to immigration judges
- Can make difference in discretionary immigration relief
Am I Eligible for Expungement?
To qualify for expungement in California, you must meet these requirements:
Expungement Eligibility Requirements
✓ You Must Have:
- Completed probation (or at least one year has passed since conviction if no probation was granted)
- Paid all fines, fees, and restitution ordered by the court
- Complied with all terms of probation (community service, classes, etc.)
- Conviction in California state court (not federal court)
- Been convicted of a misdemeanor or eligible felony
✗ You Are NOT Eligible If:
- You are currently charged with a criminal offense
- You are currently on probation for another offense
- You are currently serving a sentence for any offense
- You served time in California state prison for the conviction (with exceptions - see below)
- You were convicted of certain serious sex offenses involving minors
Can I Expunge a Felony?
Yes, many felony convictions can be expunged in California. However, the rules are more complex:
- Felonies with county jail or probation: If you served time in county jail (not state prison) or received probation, you can likely expunge the felony
- Felonies with state prison (after Prop 47/Realignment): Some felonies that would now be served in county jail can be expunged even if you served state prison time
- Wobbler felonies reduced to misdemeanors: If your felony was reduced to a misdemeanor under PC 17(b), you can definitely expunge it
What Convictions Can Be Expunged?
Commonly Expunged Offenses
- DUI / Wet Reckless
- Domestic violence (misdemeanor)
- Theft / Petty theft / Shoplifting
- Drug possession (Health & Safety Code 11350, 11377)
- Assault / Battery
- Driving on suspended license
- Vandalism
- Trespassing
- Public intoxication
- Disorderly conduct
- Fraud / Bad checks
- Burglary (second degree)
Cannot Be Expunged
- PC 261.5(d) - Statutory rape (adult with minor under 16)
- PC 286(c) - Sodomy with minor
- PC 288 - Lewd acts with minor
- PC 288a(c) - Oral copulation with minor
- Most convictions where state prison was served (exceptions exist)
- Federal convictions (different process)
If you served state prison, I can evaluate whether your conviction falls under an exception that allows expungement.
Can I Expunge a DUI?
Yes, DUI convictions can be expunged under PC 1203.4 if you completed probation successfully. However, there are important limitations:
DUI Expungement: What You Need to Know
✓ Benefits of DUI Expungement
- Can answer "no" to conviction questions on most job applications
- Background checks show case as "dismissed"
- Restores reputation and removes public stigma
- Shows you completed probation and rehabilitated
✗ Important DUI Expungement Limitations
- Still counts as a "prior DUI": If arrested for another DUI, your expunged DUI still counts for enhancement purposes
- DMV record unchanged: The DUI remains on your DMV driving record
- Commercial drivers: Must still disclose on commercial driver license applications
- 10-year lookback applies: Used to calculate 2nd, 3rd, 4th DUI charges
Despite these limitations, expungement is still highly beneficial for employment, housing, and reputation. Most people pursue DUI expungement even with these restrictions.
What Expungement Does NOT Do
Important Limitations of Expungement
It's critical to understand what expungement does NOT do:
- Does not completely erase the record: Law enforcement and courts can still see the conviction
- Does not restore gun rights: Felony convictions still prohibit gun ownership (you need a separate process)
- Does not prevent use as a "prior": Can still be used to enhance future criminal charges
- Must still be disclosed to government agencies: When applying for public office, government jobs, or state licenses, you must disclose expunged convictions
- Immigration consequences unchanged: Expungement does not eliminate immigration consequences of the conviction
- Does not change sex offender registration: If required to register, expungement doesn't eliminate that requirement
- Does not affect professional licenses already revoked: Separate process to restore
The Expungement Process in Nevada County
How Expungement Works: Step-by-Step
Step 1: Initial Consultation & Review
I review your criminal record, probation status, and eligibility. I obtain records from Nevada County Superior Court and determine if you qualify for expungement.
Timeline: 1-2 weeks
Step 2: Obtain Complete Court File
I request your complete court file from Nevada County Superior Court, including the docket, judgment, and probation records to verify you completed all requirements.
Timeline: 1-2 weeks
Step 3: Prepare & File Petition
I prepare the Petition for Dismissal (CR-180) and supporting documents, including declarations showing you meet all requirements. I file the petition with Nevada County Superior Court and serve copies on the District Attorney.
Timeline: 1 week
Step 4: District Attorney Review
The Nevada County DA's Office reviews your petition and decides whether to oppose it. In most cases where you clearly qualify, the DA does not oppose.
Timeline: 4-6 weeks
Step 5: Court Hearing
A judge reviews your petition at a hearing. I appear on your behalf (you typically don't need to attend). If the judge grants the petition, your conviction is dismissed immediately.
Timeline: Hearing scheduled 6-12 weeks after filing
Step 6: Order of Dismissal
After the judge grants expungement, the court clerk updates records to show the case as "dismissed." The Order of Dismissal is filed and you receive a certified copy.
Timeline: 1-2 weeks after hearing
Step 7: Record Updates
The court notifies the California Department of Justice, which updates state criminal records. Background check companies eventually update their databases (can take several months).
Timeline: 2-6 months for full database updates
Total Timeline: The entire expungement process in Nevada County typically takes 3-5 months from start to finish.
Early Termination of Probation
If you're still on probation but have completed most requirements, you may be able to terminate probation early and then immediately petition for expungement.
When Early Termination Makes Sense
- You've completed at least half of your probation period
- You've paid all fines and restitution
- You've completed all classes and community service
- You have no new arrests or violations
- You have a compelling reason (job opportunity, professional license, etc.)
I can file a motion to terminate probation early, and if granted, immediately file the expungement petition. This can clear your record months or years sooner.
Court Fees for Expungement
Nevada County Superior Court charges filing fees for expungement petitions:
- Misdemeanor expungement filing fee: $120-$150
- Felony expungement filing fee: $120-$150
- Early termination of probation motion: Additional $60
- Fee waiver available: If you're low-income, court fees can be waived
Call me at 530-265-0186 to discuss your case and obtain a quote for legal representation.
Can I Expunge Multiple Convictions?
Yes. If you have multiple convictions on your record, each conviction requires a separate expungement petition. However:
- I can file multiple petitions simultaneously
- Court fees apply to each case
- Attorney fees are reduced for multiple cases filed together
- All cases can often be heard on the same court date
| Number of Convictions | Court Filing Fees | Timeline |
|---|---|---|
| 1 Misdemeanor | $120-$150 | 3-5 months |
| 2 Misdemeanors | $240-$300 | 3-5 months |
| 1 Felony | $120-$150 | 4-6 months |
| 1 Felony + Early Termination | $180-$210 | 5-7 months |
Certificate of Rehabilitation & Pardon
For convictions that cannot be expunged (primarily those where you served state prison time), you may be eligible for a Certificate of Rehabilitation instead.
Certificate of Rehabilitation (PC §§ 4852.01-4852.21)
A Certificate of Rehabilitation is a court order declaring you have been rehabilitated. Benefits include:
- Restores most civil rights (not gun rights for felonies)
- Shows employers, licensing boards you've rehabilitated
- Automatically applies for Governor's Pardon
- May help in immigration proceedings
- Provides official recognition of rehabilitation
Eligibility: You must have lived in California as a resident for at least 5 years (or longer depending on the offense) and demonstrate rehabilitation.
This is a more complex process than expungement. Call me to discuss if this applies to your situation.
Additional Record Clearing Services
Beyond standard expungement under PC 1203.4, I offer comprehensive record clearing services to help you move forward with a clean slate:
Motion to Seal and Destroy Adult Arrest Record (Penal Code § 851.8)
If you were arrested but never convicted, you can petition to seal and destroy your arrest record. This applies when:
- You were arrested but charges were never filed
- Charges were filed but later dismissed
- You were acquitted (found not guilty) at trial
- You completed pre-trial diversion successfully
Effect: The arrest is deemed never to have occurred. Records are physically sealed and destroyed. You can legally deny the arrest ever happened.
Process: File petition showing you are factually innocent or that sealing is in the interest of justice. If granted, law enforcement destroys fingerprints, photos, and all records.
Motion to Seal Records (Penal Code §§ 851.91, 851.92)
PC 851.91: For arrests and convictions that did NOT result in conviction, this provides automatic relief after specific waiting periods:
- Arrest with no charges filed: Automatically sealed after DOJ receives disposition
- Charges dismissed: Automatically sealed (with exceptions)
- Acquittal: Automatically sealed
PC 851.92: Allows you to petition for sealing if automatic relief didn't occur or to expedite the process.
Benefit: Sealed arrests do not appear on most background checks. You can deny the arrest in most situations.
Early Termination of Probation (Penal Code § 1203.3)
If you're currently on probation, you can petition to terminate probation early. This is beneficial because:
- Allows immediate expungement petition (don't have to wait for probation to end)
- Frees you from probation restrictions (travel, alcohol, searches)
- Shows court you've successfully rehabilitated
- Stops monthly probation fees
Eligibility Requirements:
- Completed at least 12-18 months of probation (typically half the term)
- Paid all fines, fees, and restitution (or payment plan in place)
- Completed all classes and community service
- No new arrests or probation violations
- Good reason for early termination (employment, housing, family, etc.)
Process: I file a motion with Nevada County Superior Court explaining why early termination serves justice. If granted, probation ends immediately and we can file expungement petition same day.
Seal Juvenile Record (Welfare & Institutions Code § 781)
Juvenile records can be sealed if you:
- Are now an adult (18+) OR five years have passed since jurisdiction ended
- Were not convicted of certain serious offenses (murder, rape, etc.)
- Have no adult criminal convictions
- Are not currently charged with a crime
Effect: Sealed juvenile records are treated as if they never occurred. You can legally deny the arrest or adjudication. Records cannot be accessed without court order.
Why It Matters: Juvenile records can still appear on background checks and affect employment, especially for teaching, childcare, or positions working with minors. Sealing protects your future.
Relief from Duty to Register as a Sex Offender (Penal Code § 290.5)
California's three-tier sex offender registration system (effective 2021) allows some registrants to petition for removal from the registry:
Tier 1 (10 Years)
- Lower-level offenses
- Can petition for removal after 10 years (or 5 years for juvenile adjudications)
- Must have clean record during registration period
Tier 2 (20 Years)
- Mid-level offenses
- Can petition for removal after 20 years (or 10 years for juvenile adjudications)
- Must demonstrate no risk to public safety
Tier 3 (Lifetime)
- Most serious offenses
- Lifetime registration (generally cannot petition for removal)
- Exceptions exist for certain juvenile adjudications
Requirements for Removal:
- Completed required registration period
- Not currently on probation or parole
- No felony or sex offense convictions during registration period
- Successfully completed treatment if required
- Court finds you don't pose a threat to public safety
Process: File petition in Nevada County Superior Court with evidence of rehabilitation. District Attorney and law enforcement can oppose. Hearing required. If granted, duty to register terminates and your name is removed from Megan's Law database.
This is one of the most important petitions for those required to register. Removal restores your ability to live and work freely without registration restrictions.
Petition to Vacate Conviction - Immigration Consequences (Penal Code § 1473.7)
If you are not a U.S. citizen and your conviction is causing immigration problems (deportation, denial of naturalization, inability to return to U.S.), you may be able to vacate (set aside) your conviction under PC 1473.7.
Grounds for Relief:
- Failure to advise: Your attorney or the court did not properly advise you that your plea would result in mandatory immigration consequences (deportation, inadmissibility)
- Prejudicial error: You suffered prejudicial error that damaged your ability to meaningfully understand or defend against the immigration consequences
Requirements:
- You are no longer in criminal custody (completed sentence and probation)
- You can prove you were not properly advised of immigration consequences
- You can show you would not have pled guilty if you had known about deportation
- You have evidence of immigration consequences (deportation order, ICE detainer, etc.)
What Happens if Granted:
- The conviction is vacated (set aside)
- You can withdraw your guilty plea
- Case may be dismissed or you may go to trial
- Removes conviction from record for immigration purposes
- May allow you to fight deportation or reapply for green card
Time Limits: You can file this motion at any time after conviction, even years later, as long as you can prove the immigration consequences and lack of advisement.
⚠️ CRITICAL: If you're facing deportation or immigration consequences, you should ALSO consult with an immigration attorney. PC 1473.7 relief helps criminally but immigration law is complex. I can coordinate with immigration counsel.
Which Record Clearing Service Do I Need?
| Your Situation | Appropriate Relief | Legal Code |
|---|---|---|
| Convicted, completed probation | Expungement | PC 1203.4 |
| Arrested, never convicted | Seal & Destroy Arrest Record | PC 851.8 or 851.91 |
| Currently on probation | Early Termination, then Expungement | PC 1203.3, then 1203.4 |
| Juvenile record as adult now | Seal Juvenile Record | W&I 781 |
| Required to register as sex offender | Relief from Registration | PC 290.5 |
| Facing deportation, wasn't advised | Vacate Conviction | PC 1473.7 |
| Served state prison | Certificate of Rehabilitation | PC 4852.01 et seq. |
Frequently Asked Questions About Expungement
What is expungement in California?
Expungement under California Penal Code Section 1203.4 allows you to withdraw your guilty or no contest plea, enter a not guilty plea, and have the case dismissed. While the conviction still exists in criminal records, you can legally say you were not convicted for most purposes including employment applications. It provides a fresh start by clearing your public record.
Am I eligible for expungement in California?
You're eligible if you: completed probation (or it's been at least one year since conviction if no probation), paid all fines and restitution, are not currently charged with a crime, are not on probation for another offense, and did not serve time in state prison (with some exceptions). Both misdemeanors and some felonies can be expunged.
Can I expunge a DUI conviction in California?
Yes. DUI convictions can be expunged under PC 1203.4 if you successfully completed probation, paid all fines, and met other requirements. However, an expunged DUI still counts as a prior offense for any future DUI charges, and you must still disclose it to the DMV and on commercial driver license applications.
How long does expungement take in Nevada County?
The expungement process in Nevada County Superior Court typically takes 3-5 months from filing the petition to the final court hearing. Simple cases with no objections can be faster (2-3 months), while contested cases or those requiring early termination of probation may take 6+ months.
Do I have to go to court for expungement?
Usually no. In most uncontested expungement cases in Nevada County, I appear on your behalf and you do not need to attend the hearing. However, if the District Attorney opposes the petition or the judge wants to hear from you personally, your appearance may be required.
Will expungement show up on background checks?
After expungement, most background checks will show the case as "dismissed" rather than "convicted." However, it depends on the type of background check. Private employer background checks typically show dismissal. Government background checks and those for certain professional licenses may still show the original conviction with a notation that it was dismissed.
Can I expunge a felony DUI?
Yes, felony DUI convictions can often be expunged if you did not serve time in state prison (served county jail instead) or if the offense would now be sentenced to county jail under California's realignment laws. I can evaluate your specific felony DUI case to determine eligibility.
What's the difference between expungement and sealing records?
Expungement (PC 1203.4) dismisses a conviction but the record still exists and can be seen by law enforcement. Sealing records (PC 851.8 or 851.91) is for arrests that did not result in conviction, and physically seals/destroys arrest records. These are different processes for different situations.
Can I get my juvenile record sealed?
Yes. Under Welfare & Institutions Code Section 781, you can petition to seal juvenile records if you're now an adult (or 5 years have passed), have no adult felony convictions, and were not adjudicated for certain serious offenses. Sealed juvenile records are treated as if they never occurred.
Can I get off the sex offender registry in California?
Possibly. California's tiered registry system (PC 290.5) allows Tier 1 registrants to petition after 10 years and Tier 2 after 20 years. You must have a clean record during registration, completed treatment, and the court must find you don't pose a public safety risk. Tier 3 (lifetime) registrants generally cannot petition for removal except in limited circumstances.
What if I wasn't told my conviction would get me deported?
You may be able to vacate your conviction under Penal Code Section 1473.7 if your attorney or the court failed to properly advise you of mandatory immigration consequences. You must prove you weren't advised, that you would not have pled guilty if you had known, and that you're suffering immigration consequences. This relief is available at any time, even years after conviction.
Get Your Free Record Clearing Consultation
If you have a criminal conviction or arrest record in Grass Valley or Nevada County, don't let it hold you back any longer. Whether you need expungement, record sealing, early termination of probation, sex offender registration relief, or help with immigration consequences, California law provides pathways to clear your record and start fresh.
Call 530-265-0186 today for a free consultation. I'll review your case, determine your eligibility for relief, and explain the exact process. Most clients are eligible for some form of record clearing and don't even realize it.
Take the first step toward clearing your record and reclaiming your future. Call now.