Expungement – California Penal Code 1203.4 and 1203.4a
What is an Expungement
Who is Eligible for an Expungement under Penal Code 1203.4
As a general rule, you are entitled to a 1203.4 or 1203.4a expungement if the following requirements are met.
- You were convicted of a Misdemeanor or a Felony
- You were sentenced to County Jail or Probation
- You successfully completed probation or obtained early release from probation.
- You are NOT currently serving another sentence for another offense
- You are NOT currently on probation for another offense
- You are NOT currently charged with another offense.
- You were convicted of a Misdemeanor or Infraction
- You were sentenced but not granted Probation
- It has been more than 1 year since date of conviction
- You fully complied with and performed the sentence
- You are NOT currently Serving another Sentence
- You are NOT currently on probation for another offense
- You are NOT currently charged with another offense
What Crimes are Eligible for Expungement Relief
- Misdemeanor conviction of California Vehicle Code section 2800
- Misdemeanor conviction of California Vehicle Code section 2801
- Misdemeanor conviction of California Vehicle Code section 2802
- Felony conviction under Penal Code section 261.5(d).
- Misdemeanor or Felony conviction of Penal Code section 286(c)
- Misdemeanor or Felony conviction of Penal Code section 288
- Misdemeanor or Felony conviction of Penal Code section 288.5
- Misdemeanor or Felony conviction of Penal Code section 288(a)(c)
- Misdemeanor or Felony conviction of Penal Code section 289(j)
- Misdemeanor or Felony conviction of Penal Code section Section 311.1
- Misdemeanor or Felony conviction of Penal Code section 311.2
- Misdemeanor or Felony conviction of Penal Code section 311.3
- Misdemeanor or Felony conviction of Penal Code 311.11
- A misdemeanor violation of Penal Code section 288(c)
- A misdemeanor violation within Vehicle Code section 42002.1
- An infraction violation within Vehicle Code section 42001
Am I Eligible if Convicted of a Crime and Sentenced to State Prison?
Under Penal Code 1203.4 and 1203.4a, you are not eligible if sentenced to state prison. But, if sentenced to County Jail and/or probation, you may be eligible so long as you meet all requirements.
What Does it Mean “You Successfully Completed Probation or Obtained Early Release from Probation” or “Fully Complied with and Performed the Sentence.”
- You completed all the terms of your probation including paying all court ordered fines and restitution, and completed any court ordered programs, etc.
- You did not violate your probation by committing a new offense while on probation.
If you have successfully completed probation, and met all the other requirements, you may seek an Expungement under Penal Code 1203.4.
- You complied with all terms of sentencing including paying all court ordered fines, fees, and restitution, and completed any court ordered programs, etc.
If you have successfully completed your sentence, and met all the other requirements, you may seek an expungement under Penal Code 1203.4a.
Even If You Have Not Successfully Completed Probation, You May Still Seek an Expungement
If you violated your probation, you may still seek an Expungement. The Judge will have discretion to grant expungement relief if you violated probation. The judge will consider factors when deciding whether to grant or deny your petition.
The factors include, but are not limited to
- Your prior criminal history
- The seriousness of the crime (e.g. any injuries)
- Your performance while on probation
- Hardships (e.g. Inability to obtain a job or pay for child support)
- Any steps you have taken to better yourself (e.g. volunteer at a local shelter, enroll into school or working training programs.)
- Other Circumstances
Contact the Law Office of Matthew Hicks if you have violated your probation and are now seeking Expungement relief. The Law Office of Matthew Hicks can help you gain a second chance at life.
What Does an Expungement Do?
An Expungement has many benefits. The most important benefit is that it gives you the opportunity to have a second start in life. This second chance includes:
- The ability to obtain and maintain employment
- The ability to obtain and maintain your professional license
Obtaining and Maintaining Employment
Obtaining or maintaining a job after a criminal conviction can be hard. Even minor convictions can result in a loss of employment opportunity. But, an Expungement can help. If granted, you may state you have no convictions on a private sector job application.
State law prevents employers from asking about convictions dismissed by an expungement. More importantly, employers may not use an expunged conviction as the basis for hiring, promotion, or firing decisions.
Obtaining and Maintaining Your Professional License
A criminal conviction can jeopardize your state issued professional license. But an expungement can help you obtain or maintain your state issued license.
This benefit has limitations. Unlike a private sector job application, a licensing agency may use your expunged conviction to deny or revoke your license.
But, a successful expungement may be a factor in determining whether to deny or revoke your license. Thus, a successful expungement may reduce then weight of your conviction on a license application.
What Doesn’t an Expungement Do?
Although an Expungement is a powerful tool at giving you a second chance in life, there are limitations as to what an Expungement can do. An expungement will not:
- Remove your criminal conviction from your RAP sheet. Instead, the RAP sheet will note that the conviction has been dismissed in the interest of justice.
- Seal your conviction from public inspection
- Reinstate your right to own and possess firearms if your conviction removed this right
- Remove the requirement to register as a sex offender
- Allow you to omit your expunged conviction on an application for a government job.
- Allow you to omit your expunged criminal conviction on applications for government issued licenses
- Allow you to hold public office if your conviction prevented this
- Prevent the Prosecutor from alleging your Expunged Criminal Conviction as a Prior offense.
- Prevent the DMV from revoking or suspending your license
- Prevent a state licensing agent from using your expunged criminal conviction from revoking or denying your government issued license.