Understanding California Expungement
How Expungement Works Under Penal Code § 1203.4
California's expungement statute (PC 1203.4) provides a legal mechanism to dismiss your criminal conviction. The process involves:
- Formally withdrawing your original guilty or no contest plea
- Entering a new plea of not guilty in its place
- Obtaining a court order dismissing the entire case
- Updating official records to reflect dismissal status
Key Point: While expungement doesn't physically erase the record from all databases, it provides substantial legal protection and allows you to truthfully state you weren't convicted in most contexts.
Why Pursue Expungement?
Real-World Impact of Clearing Your Record
Career Advancement
- Legal right to deny conviction when asked on private sector job applications
- Employment background reports display "dismissed" instead of "convicted"
- Qualification for positions previously unavailable due to criminal history
- Enhanced credibility for supervisory and executive roles
Professional Licensing Opportunities
- Significant improvement in licensing prospects for professions requiring state authorization (contractors, real estate agents, healthcare workers)
- Potential restoration of previously revoked professional credentials
- Demonstration of rehabilitation to state licensing authorities
Housing Access
- Property managers see dismissed status on tenant screening reports
- Increased approval rates for rental applications
- Honest representation of no conviction on housing forms
Community Standing & Peace of Mind
- Rehabilitation of personal reputation throughout Nevada City
- Mental and emotional relief from removing criminal stigma
- Freedom to pursue life goals without criminal record barriers
- Recognition of successful completion of legal obligations
Immigration Considerations
- Potential benefit in certain immigration matters (immigration counsel recommended)
- Evidence of rehabilitation presented to immigration authorities
- Possible factor in discretionary relief decisions
Expungement Qualification Criteria
California expungement requires satisfaction of specific eligibility requirements:
Determining Your Eligibility
✓ Required Qualifications:
- Probation completion (alternatively, minimum one year elapsed since sentencing without probation)
- Full payment of all court-imposed fines, restitution, and fees
- Satisfaction of all probation terms (classes, community service, counseling, etc.)
- Case adjudicated in California state court system (federal cases excluded)
- Misdemeanor or qualifying felony conviction
✗ Disqualifying Factors:
- Pending criminal charges in any jurisdiction
- Active probation status for separate offense
- Currently incarcerated or serving criminal sentence
- California state prison sentence served for the conviction (subject to exceptions detailed below)
- Conviction for specified serious sexual offenses against children
Felony Conviction Expungement
Contrary to common belief, numerous felony convictions qualify for expungement in California. The determining factors include:
- County jail sentences or probation grants: Felonies where you served county jail time (rather than state prison) or received probationary sentences are generally expungable
- Post-Proposition 47/Realignment felonies: Certain felonies that now qualify for county jail sentencing may be expunged despite prior state prison time
- Reduced "wobbler" felonies: Felonies reduced to misdemeanor status under PC 17(b) are always eligible for expungement
Common Expungable Offenses
Frequently Expunged Crimes
- DUI offenses / Wet reckless driving
- Domestic battery (misdemeanor level)
- Theft crimes / Petty theft / Retail theft
- Controlled substance possession (HS 11350, 11377)
- Assault & battery charges
- Suspended license violations
- Property damage / Vandalism
- Criminal trespass
- Drunk in public
- Disturbing the peace
- Check fraud / Forgery
- Second-degree burglary
Non-Expungable Convictions
- PC 261.5(d) - Unlawful sexual intercourse (adult/minor under 16)
- PC 286(c) - Sodomy involving minor
- PC 288 - Lewd conduct with child
- PC 288a(c) - Oral copulation with minor
- Most state prison convictions (exceptions apply)
- Federal criminal convictions (separate federal process)
State prison cases may qualify under certain circumstances. I can assess whether your specific case falls within an applicable exception.
DUI Expungement in California
DUI convictions are eligible for expungement upon successful probation completion under PC 1203.4. However, critical limitations apply:
DUI Record Clearing: Benefits and Restrictions
✓ Advantages of DUI Expungement
- Legitimate denial of conviction on most employment applications
- Employer background screenings reflect dismissed case status
- Elimination of public criminal record stigma
- Official recognition of probation completion and rehabilitation
✗ Critical DUI Expungement Restrictions
- Prior offense status preserved: Expunged DUI counts as prior conviction for sentencing enhancement on subsequent DUI arrests
- DMV record unaffected: DUI conviction persists on Department of Motor Vehicles driving record
- Commercial licensing disclosure required: Must disclose expunged DUI when applying for commercial driver's license
- Ten-year priorable period: Used for calculating second, third, and fourth DUI offense levels
Despite these constraints, DUI expungement delivers substantial benefits for employment, rental housing, and reputation restoration. The vast majority of clients choose to pursue expungement despite the limitations.
Expungement Scope and Limitations
Understanding What Expungement Cannot Accomplish
Realistic expectations require understanding expungement's boundaries:
- Record remains accessible: Law enforcement agencies and criminal courts retain access to the original conviction
- Gun rights unrestored: Felony firearm prohibitions continue (separate gun rights restoration required)
- "Prior conviction" usage continues: Prosecutors may use expunged convictions for sentence enhancement in future cases
- Government disclosure obligations: Applications for public employment, elected office, or certain state licenses require disclosure of expunged convictions
- Immigration effects persist: Conviction's immigration consequences remain unchanged after expungement
- Sex offender registration unchanged: Registration requirements continue despite expungement
- Professional license restoration separate: Already-revoked licenses require independent restoration proceedings
Nevada County Expungement Procedure
Complete Expungement Process Timeline
Phase 1: Case Evaluation & Eligibility Analysis
I conduct comprehensive review of your criminal history, probation compliance status, and legal eligibility. This includes obtaining official court records from Nevada County Superior Court to confirm qualification.
Duration: 1-2 weeks
Phase 2: Complete File Acquisition
I formally request your entire court case file from Nevada County Superior Court, encompassing docket sheets, final judgment, and probation department records verifying requirement satisfaction.
Duration: 1-2 weeks
Phase 3: Petition Preparation & Court Filing
I draft the formal Petition for Dismissal (Form CR-180) with comprehensive supporting documentation and declarations establishing qualification. The petition is filed with Nevada County Superior Court with service copies provided to the District Attorney's Office.
Duration: 1 week
Phase 4: Prosecution Review Period
The Nevada County District Attorney evaluates your petition and determines whether to file opposition. Clear-cut eligible cases typically proceed without DA opposition.
Duration: 4-6 weeks
Phase 5: Judicial Hearing
A Superior Court judge considers your petition at a scheduled hearing. I make the court appearance on your behalf (your personal attendance usually unnecessary). Upon judicial approval, case dismissal becomes effective immediately.
Duration: Hearing scheduled 6-12 weeks post-filing
Phase 6: Dismissal Order Entry
Following judicial grant of expungement, the court clerk modifies official records to dismissed status. The signed Order of Dismissal is filed and you receive certified copies for your records.
Duration: 1-2 weeks post-hearing
Phase 7: Statewide Record Updates
Nevada County Superior Court notifies the California Department of Justice to update statewide criminal history systems. Commercial background check databases gradually reflect the change (multi-month process).
Duration: 2-6 months for comprehensive database updates
Complete Process Duration: Nevada County expungement cases typically require 3-5 months from initial filing through final record updates.
Probation Early Termination Option
Active probationers who have substantially complied with terms may petition for early probation termination, enabling immediate expungement filing.
Strategic Early Termination
- Minimum completion of approximately half your probation period
- Complete payment of court-ordered financial obligations
- Finished all mandated programs and community service hours
- Zero new criminal charges or probation violations
- Demonstrated need (employment offer, licensing opportunity, family circumstances)
I file a formal motion requesting early termination. If the court grants the motion, I immediately file the expungement petition. This strategy can clear your record months or even years ahead of schedule.
Nevada County Court Filing Costs
Nevada County Superior Court assesses these filing fees:
- Misdemeanor expungement petition: $120-$150
- Felony expungement petition: $120-$150
- Early probation termination motion: Additional $60
- Fee waiver eligibility: Low-income individuals may qualify for complete fee waiver
Contact me at 530-265-0186 to discuss your specific case and receive a detailed legal representation quote.
Multiple Conviction Expungement
Multiple criminal convictions each require separate expungement petitions. The process involves:
- Simultaneous filing of all petitions
- Per-case court filing fee assessment
- Reduced attorney fee structure for bundled cases
- Consolidated hearing scheduling when possible
| Case Count & Type | Total Court Fees | Expected Timeline |
|---|---|---|
| Single Misdemeanor | $120-$150 | 3-5 months |
| Two Misdemeanors | $240-$300 | 3-5 months |
| Single Felony | $120-$150 | 4-6 months |
| Felony + Probation Termination | $180-$210 | 5-7 months |
Certificate of Rehabilitation Alternative
Non-expungable convictions (primarily state prison sentences) may qualify for Certificate of Rehabilitation instead.
Certificate of Rehabilitation (Penal Code §§ 4852.01-4852.21)
This official court declaration of rehabilitation provides:
- Restoration of most civil rights (felony gun rights exceptions)
- Powerful evidence of rehabilitation for employers and licensing boards
- Automatic gubernatorial pardon application
- Potential immigration proceeding benefit
- Formal governmental recognition of rehabilitation
Qualification: Minimum five-year California residency (potentially longer for serious offenses) plus substantial rehabilitation evidence required.
This complex process exceeds standard expungement difficulty. Contact me to evaluate whether this remedy applies to your situation.
Comprehensive Record Clearing Solutions
My practice extends beyond PC 1203.4 expungement to encompass all California record clearing mechanisms:
Arrest Record Sealing & Destruction (Penal Code § 851.8)
Non-conviction arrests qualify for complete record sealing and physical destruction when:
- Arrest occurred without subsequent charge filing
- Filed charges were subsequently dismissed
- Jury or court acquittal (not guilty verdict)
- Successful pretrial diversion program completion
Result: Legal fiction that arrest never occurred. Complete physical destruction of arrest records, fingerprints, and photographs. Truthful denial of arrest in virtually all situations.
Procedure: Petition filing demonstrating factual innocence or justice interest in sealing. Successful petition results in law enforcement record destruction.
Automatic Arrest Record Sealing (Penal Code §§ 851.91, 851.92)
PC 851.91: Provides automatic relief for non-conviction arrests after specified periods:
- No-file arrests: Automatic sealing upon DOJ disposition receipt
- Dismissed charges: Automatic sealing (limited exceptions)
- Not guilty verdicts: Automatic sealing
PC 851.92: Petition remedy when automatic relief fails or to accelerate the timeline.
Advantage: Sealed arrests invisible on standard background checks. Denial of arrest permissible in most contexts.
Probation Early Termination Motion (Penal Code § 1203.3)
Active probation creates these benefits when terminated early:
- Immediate expungement petition eligibility (no waiting for probation expiration)
- Release from probationary restrictions (travel limitations, alcohol prohibitions, warrantless searches)
- Judicial recognition of successful rehabilitation
- Termination of monthly probation supervision fees
Qualification Standards:
- Typical minimum: 12-18 months served (approximately 50% of term)
- Full restitution and fine payment (or approved payment arrangement)
- All program requirements and community service completed
- Clean record (no new arrests or violations)
- Compelling justification (career need, housing requirement, family situation)
Method: Formal motion filed in Nevada County Superior Court articulating justice-based rationale for early release. Grant of motion terminates probation instantly, allowing same-day expungement filing.
Juvenile Record Sealing (Welfare & Institutions Code § 781)
Juvenile adjudications qualify for sealing when:
- You've reached age 18 OR five years passed since jurisdictional termination
- No adjudication for excluded serious offenses (homicide, forcible sexual assault, etc.)
- No adult criminal conviction history
- No pending criminal charges
Result: Sealed juvenile records treated as non-existent. Truthful denial of arrest or adjudication. Court order required for record access.
Importance: Unsealed juvenile records appear on employment background checks, particularly impacting teaching, childcare, and youth-serving positions. Sealing protects future opportunities.
Sex Offender Registration Relief (Penal Code § 290.5)
California's tiered sex offender registration system (2021 implementation) permits registry removal petitions:
Tier 1 Classification (10-Year Requirement)
- Less serious offenses
- Removal petition available after decade (five years for juvenile adjudications)
- Violation-free registration period mandatory
Tier 2 Classification (20-Year Requirement)
- Intermediate severity offenses
- Removal petition eligible after two decades (ten years for juvenile adjudications)
- Public safety risk assessment required
Tier 3 Classification (Lifetime Registration)
- Highest severity offenses
- Permanent registration (petition rights generally unavailable)
- Limited juvenile adjudication exceptions exist
Removal Petition Prerequisites:
- Full required registration period completion
- No active probation or parole supervision
- Zero felony or sex crime convictions during registration
- Mandated treatment successfully completed
- Judicial determination of no public threat
Method: Nevada County Superior Court petition filing with rehabilitation evidence. District Attorney and police opposition possible. Mandatory evidentiary hearing. Successful petition terminates registration duty and removes name from public Megan's Law website.
Registration relief represents one of the most significant available petitions. Removal restores freedom to live and work without registration-imposed restrictions.
Immigration Relief - Conviction Vacation (Penal Code § 1473.7)
Non-citizens facing immigration consequences from criminal convictions may vacate (nullify) convictions under PC 1473.7.
Grounds for Conviction Vacation:
- Advisement failure: Defense counsel or court failed to provide mandatory immigration consequence warnings (deportation, inadmissibility)
- Prejudicial error: Errors preventing meaningful understanding or defense against immigration ramifications
Prerequisites:
- Criminal custody concluded (sentence and probation completed)
- Proof of inadequate immigration advisement
- Evidence that proper advisement would have prevented guilty plea
- Documentation of immigration consequences (removal order, ICE custody, visa denial)
Vacation Consequences:
- Conviction set aside (nullified)
- Guilty plea withdrawal permitted
- Case dismissal or trial option
- Conviction elimination for immigration purposes
- Potential deportation defense or immigration benefit reapplication
Timing: No statute of limitations—motion available years or decades post-conviction with proper proof of consequences and advisement failure.
⚠️ ESSENTIAL: Immigration attorney consultation critical for deportation or immigration issues. PC 1473.7 provides criminal relief but immigration law requires specialized expertise. I coordinate with immigration counsel for comprehensive representation.
Selecting the Appropriate Record Clearing Remedy
| Individual Circumstances | Recommended Relief | California Code Section |
|---|---|---|
| Conviction with completed probation | Expungement Petition | PC 1203.4 |
| Arrest without conviction | Seal & Destroy Records | PC 851.8 or 851.91 |
| Active probation status | Termination Motion + Expungement | PC 1203.3 + 1203.4 |
| Juvenile record (now adult) | Juvenile Sealing Petition | W&I 781 |
| Sex offender registration requirement | Registration Termination | PC 290.5 |
| Deportation risk, inadequate advisement | Conviction Vacation | PC 1473.7 |
| State prison sentence served | Rehabilitation Certificate | PC 4852.01 et seq. |
Common Expungement Questions
How does expungement work in California?
California expungement under Penal Code 1203.4 allows you to withdraw your plea and have the case dismissed. The conviction remains in official records, but you can legally state you weren't convicted on most job applications and the public record shows the case as dismissed, providing relief from the stigma of a criminal record.
Who qualifies for expungement in California?
Eligibility requires: completion of probation or at least one year since sentencing without probation, payment of all court-ordered fines and restitution, no current criminal charges or probation, and typically no state prison sentence served. Misdemeanors and many felonies qualify for expungement relief.
Is it possible to expunge a California DUI?
Yes. California allows DUI expungement under PC 1203.4 after successful probation completion and payment of all fines. Important limitation: an expunged DUI remains a prior offense for future DUI cases and must be disclosed to the DMV and for commercial licensing purposes.
What's the timeframe for expungement in Nevada County?
Nevada County Superior Court expungement proceedings typically require 3-5 months from petition filing to final hearing and order. Straightforward cases may resolve in 2-3 months, while complex matters or early probation termination requests can extend to 6+ months.
Is court appearance required for expungement?
Typically not. In uncontested Nevada County expungement matters, I represent you at the hearing and your personal attendance is unnecessary. However, District Attorney opposition or judicial request for personal testimony may require your appearance.
How do background checks reflect expungement?
Post-expungement, most background screenings display "dismissed" rather than "convicted" status. However, results vary by screening type. Private employer checks typically show dismissal only. Government agency checks and certain professional licensing inquiries may reveal the original conviction with dismissal notation.
Can felony DUI be expunged?
Yes, felony DUI convictions often qualify for expungement if state prison was not served (county jail sentence instead) or if current law would impose county jail sentencing under realignment legislation. I can assess your specific felony DUI for eligibility.
How do expungement and record sealing differ?
Expungement under PC 1203.4 applies to convictions and results in dismissal but the record remains accessible. Arrest record sealing under PC 851.8 or 851.91 applies when no conviction occurred and results in physical sealing or destruction of arrest records as if the arrest never happened.
Can juvenile records be sealed?
Yes. Welfare & Institutions Code Section 781 permits juvenile record sealing petitions if you've reached adulthood (or 5 years passed), have no adult felony convictions, and weren't adjudicated for excluded serious offenses. Sealed juvenile records are legally treated as non-existent.
Can I petition for removal from California's sex offender registry?
Possibly. California's tiered registry under PC 290.5 permits Tier 1 petitions after 10 years and Tier 2 after 20 years. Requirements include clean registration period, completed treatment, and judicial finding of no public safety threat. Tier 3 (lifetime) registrants have extremely limited relief options.
What if I wasn't advised my conviction would cause deportation?
You may vacate your conviction under Penal Code Section 1473.7 if defense counsel or the court failed to provide mandatory immigration consequence warnings. You must prove inadequate advisement, that proper warning would have prevented your guilty plea, and current immigration consequences. This relief is available at any time, even years after conviction.
Schedule Your Free Case Assessment
A criminal conviction or arrest record in Nevada City or Nevada County doesn't have to limit your future indefinitely. California law provides multiple pathways to clear your record and eliminate criminal history barriers. Whether you need standard expungement, arrest record destruction, early probation release, sex offender registration termination, or immigration-related conviction vacation, legal remedies exist to help you move forward.
Call 530-265-0186 now for your complimentary consultation. I'll evaluate your specific situation, confirm your eligibility for available relief options, and outline the precise legal strategy. Many individuals qualify for record clearing and simply aren't aware of their options.
Don't wait any longer to clear your record and reclaim your future. Contact me today.