Expungement Eligibility

Misdemeanor Expungement

Both people who were granted probation, and those not granted probation who have been convicted of a misdemeanor offense may be eligible for an Expungement of their misdemeanor conviction.  

Penal Code section 1203.4(a) allows people who were granted probation and who have successfully completed probation, or who have their probation terminated early, to petition the court for a dismissal of their conviction (Expungement).  The person must not be currently serving a sentence for any offense, under charge of commission for any offense, and must have satisfied all conditions of probation.  If the person did not successfully complete probation, or did not fulfill the conditions of probation for the entire period of probation (for example the person was late on payments of the fine or did not comply with the court order in some way), the person may still be able to successfully petition the court for an Expungement if the person can demonstrate that it "would be in the interests of justice" for the court to grant an Expungement.  

If the person was not granted probation, under Penal Code section 1203.4a(a), s/he may be eligible for an Expungement after one-year from the date of conviction if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land.   

If the person does not satisfy all the  requirements of subdivision (a), after a lapse of one year from the date  of pronouncement of judgment, a court, in its discretion and in the  interests of justice, may grant the relief available pursuant to subdivision (a) to a person convicted of a  misdemeanor and not granted probation, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense, and is not under charge of  commission of any crime. 

Call us today to determine if you fit the above criteria, or if an exception applies to your unique situation that would allow you to petition the court for a record Expungement. If you are still on probation, you may be eligible to terminate your probation early and then request and Expungement.

Felony Expungement

A person may be eligible for a Felony Expungement if either: 

1) The person was granted probation and did not serve any time in state prison. The person has fulfilled all conditions of probation for the entire period, the person has paid all fines, fees and restitution, the person is not currently charged with any crime, on probation for any crime, or serving a sentence for any crime.  OR 

2) One or two years has lapsed since completion of the person's sentence depending on the crime.  In addition, the person must show that it would be "in the interests of justice" for the court to grant the request.  Some crimes are excluded from eligibility as well.  Finally, the person cannot be under supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code, and is not  serving a sentence for, on probation for, or charged with the commission  of any offense. 

Felony Expungements are not available for all felony crimes. The following offenses under Penal Code section 1203.4(b) are excluded from Felony Expungement eligibility:  Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section  42002.1 of the Vehicle Code, to any violation of subdivision (c) of  Section 286, Section 288, subdivision (c) of Section 288a, Section  288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or  311.11, or any felony conviction pursuant to subdivision (d) of Section  261.5, or to any infraction.

Call us today for a free legal consultation to determine whether you are eligible for a Felony Expungement, Early Termination of Probation, and/ or a Reduction of your Felony conviction to a misdemeanor. If you're not currently eligible, we may be able to guide you on how to become  eligible and successfully petition the court in the future to grant you a Felony Expungement.

Infraction Expungement

A person may petition the court for an Expungement of some, but not all infractions.  Most traffic infractions are excluded from eligibility.  For example, a speeding ticket cannot be expunged.  A person may be eligible for an Infraction Expungement if one year has lapsed since conviction, and if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for  any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land.  

If the person does not satisfy all the requirements of subdivision (a), after a lapse of one year from the date of pronouncement of judgment, a court, in its discretion and in the interests of justice, may grant the relief available pursuant to  subdivision (a) to a person convicted of an infraction, if he or she has fully complied with and performed the sentence of the court, is not then  serving a sentence for any offense, and is not under charge of  commission of any crime. 

If you have questions about your eligibility for an Infraction Expungement, or wish you wish to petition the court for an Expungement of your infraction, give us a call for a Free Legal Consultation.

Call Today for Your Free Eligibility Assessment

Interested in a misdemeanor expungement?  We provide an assessment of your expungement eligibility in Chico, CA.  We're not based in LA, San Francisco, or Sacramento.  The person you talk to will be the person who handles your case throughout the entire process.  Chico Expungement Lawyer Matthew Luzaich will assist you directly.  Your case is not handed off to a paralegal.  The information above may or may not be applicable to your unique case.  In order to ensure that you get the best and most accurate information, call us to discuss your Expungement Eligibility for FREE - (530) 809-1752