Answer FileCriminal Defense

Can I get a conviction expunged in California?

The answer, cited

Often yes. Penal Code section 1203.4 lets most defendants who completed probation withdraw their plea and have the case dismissed, after which most private employers cannot use the conviction. It still counts as a prior and must be disclosed for state licensing. Since July 2023, Penal Code section 1203.425 grants automatic relief to many who stay conviction-free four years.

Very often, yes: through dismissal under Penal Code section 1203.4. For most convictions where probation was granted and completed (or terminated early), the court permits the defendant to withdraw the plea or verdict and dismisses the case; for many non-probation offenses, section 1203.4a and section 1203.41 provide parallel relief. After dismissal you may generally answer "no conviction" to most private employers, and Labor Code section 432.7 restricts asking about it. The relief has limits: the conviction still counts as a prior for future offenses, must be disclosed for public office and state licensing applications, and does not restore firearm rights or end sex-offender registration. Since July 2023, Penal Code section 1203.425 also delivers automatic "clean slate" record relief for many defendants who complete their sentences and stay conviction-free for four years. Arrests that never led to conviction can be sealed under Penal Code section 851.91.

Authority: Cal. Penal Code § 1203.4

Source: Cal. Penal Code § 1203.4 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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