How can I get my felony expunged in California?

A 1203.4/1203.4a petition allows a person to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty. After successful completion of probation, you may petition the court to dismiss the charges under Penal Code §1203.4. If it is in the interest of justice, the judge may allow you to file the petition before probation ends. You may also petition the court under 1203.4a after conviction of a misdemeanor.

Requirements:

• A 1203.4/1203.4a petition must be filed in the same court in which the criminal case was adjudicated.

• You were convicted of a Misdemeanor or Felony.

• Probation was granted on this case.

• You have fully complied with the conditions ofprobation for the entire term or you were discharged prior to the termination of probation.

• You are not serving a sentence for any offense.

• You are not on probation for any other offense.

• You are not currently charged with another offense.

• All court ordered restitution or fines have been paid.

  What does an expungement do?

  1. Disclosure – Granting of this petition does NOT relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

  2. The granting of your request by the court does not eliminate from your record the fact that an arrest occurred or that the charge(s) were brought, only that a conviction occurred.

  3. The conviction may still be alleged as a prior conviction in future criminal proceedings.

  4. Department of Motor Vehicles – Granting of this petition does NOT affect DMV actions or future consequences for crimes involving operation of a motor vehicle.

  5. Firearms – Granting of this petition does NOT permit you to own, possess, or have in your custody or control any firearm.

  6. Sealing – Granting of this petition does NOT seal your record. The case, including the conviction will remain public record.

  7. Sex Registration – Granting of petition does NOT relieve you from any obligation to register under Penal Code §290.

  Crimes that do not qualify for expungement in California?

• Any Infraction violation.

• Misdemeanor Violations of 42001(b) Vehicle Code.

• Violations listed under 12021.

• Penal Code (firearms, prior convictions of certain violent offenses).

• Any felony conviction pursuant to Penal Code 261.5(d).

• Violations of Penal Code Sections 286(c), 288, 288a(c), 288.5 or 289(j).

• Case has previously been dismissed.

  Call (818) 749-7523 or email aninahapatian@oknilaw.com to get your case expunged and record cleaned.