In certain circumstances, a person may petition the court to expunge his or her case. An expungement is when the court sets aside the conviction and enters a plea of not guilty and dismisses the case.
- Under Penal Code Section 1203.4, if the person was placed on probation, then once the person has fulfilled the conditions of probation for the entire period of probation or has been discharged from probation early and the person is not serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, the person may petition the court for an expungement.
There is a $120.00 fee for each petition under Penal Code Section 1203.4
- Under Penal Code Section 1203.4a, if a person was not placed on probation and more than one year has elapsed since the date of pronouncement of judgment and the person has complied with the sentence of the court and the person is not serving a sentence for any offense nor charged with the commission of any crime, and has since pronouncement of judgment, lived an honest and upright life and obeyed the law, the person may petition the court for an expungement.
There is a $60.00 fee for each petition under Penal code Section 1203.4a.
If a person was convicted of a felony and was on parole, the person is not entitled to an expungement.
If a person was convicted of an infraction, the person is not entitled to an expungement.
The granting of the expungement (petition under Penal code Section 1203.4 or 1203.4a) does not relieve the person 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 government agency, or for contracting with the California State Lottery, does not affect Department of Motor Vehicles (DMV) actions or further consequences for crimes involving the operation of a motor vehicle, and does not permit the person to own, possess or have in their custody or control any concealable firearm. The granting of this petition does not seal the person’s record and the case, including the conviction will remain public record. The granting for the petition does not relieve the person of any obligation to register as a sex offender under Penal Code Section 290.