Expungement of Criminal Records | CA Penal Code 1203.4
Expunging a criminal record in California can provide a fresh start, removing barriers to employment, housing, and other opportunities. Under California Penal Code § 1203.4, individuals with certain criminal convictions may petition the court to have their conviction dismissed. This process involves withdrawing a guilty or no contest plea, entering a not guilty plea, and having the court set aside the conviction.
Eligibility for expungement includes:
- Successful completion of probation or early termination of probation.
- No current criminal charges.
- No time served in state prison (with some exceptions).
If you’re ready to expunge your criminal record in Los Angeles and take the next step toward a fresh start, let us handle the legal complexities so you can focus on your future. To speak with Attorney Arash Hashemi and our legal team today, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation with our expungement attorney by using our secure online scheduling system. We’ll take care of every step of the process to help clear your record and provide you with a clean slate.
What is Expungement Under Penal Code 1203.4?
Expungement is a legal process that allows individuals convicted of certain crimes to have their criminal record cleared. Under California Penal Code 1203.4, once a conviction is expunged, the court essentially reopens the case, withdraws the guilty plea or verdict, and dismisses the case. This means you are legally considered not to have been convicted, giving you the ability to truthfully state on job applications or rental agreements that you have not been convicted of a crime.
Who Is Eligible for Expungement?
Expungement eligibility under Penal Code 1203.4 depends on several factors. Generally, individuals convicted of misdemeanors or felonies who have completed probation, served their sentence, or fulfilled other court-ordered obligations may qualify. Here are the key eligibility criteria:
- Completion of Probation: You must have successfully completed your probation period, with all conditions met, including fines, restitution, and community service.
- No Pending Criminal Charges: At the time of the expungement petition, you must not have any open or pending criminal charges.
- Certain Convictions Are Ineligible: Some serious offenses, such as certain sex crimes involving minors, are not eligible for expungement under California law.
Benefits of Expungement
- Improved employment opportunities
- Better access to housing and loans
- Enhanced eligibility for professional licenses
- Restoration of civil rights (excluding firearm rights)
- A clean public record
Felony Expungement in California
For felony offenses, felony expungement is possible if probation was granted. To be eligible, you must have successfully completed all terms of probation, including payment of fines, restitution, community service, and any other court-ordered requirements. If you were not granted probation, other post-conviction relief options, such as reducing a felony to a misdemeanor under Penal Code § 17(b), may be available before pursuing felony expungement.
If your felony can be reduced to a misdemeanor, the expungement process becomes more straightforward, making it easier to clear your record. Once reduced, you can file for misdemeanor expungement under Penal Code § 1203.4.
In cases where probation was not granted, our legal team will evaluate your case to determine if other forms of post-conviction relief, such as a Certificate of Rehabilitation, may be suitable. While this does not result in felony expungement, it can help restore certain rights, such as applying for a governor’s pardon, and may be a crucial step in your path to a clean record.
The Expungement Process in California
The expungement process in California involves several critical steps. First, our attorney will thoroughly review your case to determine whether you qualify for expungement under Penal Code § 1203.4. This review includes ensuring that all eligibility requirements, such as successful completion of probation and absence of any pending criminal charges, are met. Once eligibility is confirmed, we will file a petition for expungement with the court where your conviction occurred.
In some cases, a court hearing may be required. If so, your attorney will be present to advocate for your expungement, presenting arguments that support the dismissal of your conviction. After reviewing the petition, the judge will issue a decision. If the judge grants your petition, your conviction will be dismissed, and your record will be officially expunged, allowing you to move forward with a clean slate.
What a Penal Code Section 1203.4 Dismissal Does Not Do
While a Penal Code Section 1203.4 dismissal offers many benefits, it is important to understand its limitations. An expungement does not entirely erase the conviction from your record, and there are still certain legal consequences that remain after a dismissal. Here are some key points to keep in mind:
- Firearm Rights: Expungement does not restore your ability to own or possess firearms if your conviction resulted in a firearm restriction.
- Sex Offender Registration: If you were required to register as a sex offender under Penal Code Section 290, expungement will not relieve you of this obligation.
- DMV Records: A dismissed conviction does not remove points or convictions from your Department of Motor Vehicles (DMV) record, meaning any related driving restrictions or penalties will still apply.
- Consideration in Future Criminal Cases: If you are charged with a new crime, the expunged conviction can still be used against you in sentencing as a prior offense.
- Federal Consequences: Expungement does not affect certain federal consequences, such as restrictions on immigration or federal benefits in some cases.
What Impact Can an Expungement Have on My Life?
An expungement can significantly improve various aspects of your life, offering a fresh start by removing the barriers that come with a criminal record. Once your conviction is expunged, you can truthfully state that you have not been convicted of a crime in many situations, such as applying for jobs, housing, or professional licenses. This clean slate can open doors to better employment opportunities, improved access to housing, and the ability to restore your professional reputation.
Furthermore, expungement can remove the stigma of having a criminal record, allowing you to move forward with confidence and focus on rebuilding your life. While it doesn’t erase all consequences, such as firearm restrictions or sex offender registration (if applicable), it can dramatically improve your quality of life and peace of mind.
Personalized Legal Assistance for Clearing Your Record
At The Law Offices of Arash Hashemi, we take a thorough and client-focused approach to every case. We understand the complexities of California’s expungement laws and work diligently to help clients move beyond their criminal records. Our team will guide you through every step of the expungement process, from determining your eligibility to representing you in court, if necessary.
Why Choose The Law Offices of Arash Hashemi?
- Over 20 years of experience in criminal defense and expungement cases.
- Proven track record of assisting clients in clearing their criminal records.
- Personalized legal support tailored to the specifics of your case.
- Expert knowledge of California’s expungement laws and procedures.
- Compassionate representation that understands the importance of second chances.
Contact a Los Angeles Expungement Attorney Today
Don’t let a past mistake limit your future opportunities. If you’re ready to clear your criminal record and move forward with your life, we’re here to help. With decades of experience in criminal defense and expungement cases, our legal team provides personalized strategies tailored to your specific situation. We’ll guide you through the entire expungement process, from evaluating your eligibility to representing you in court, ensuring you get the best possible outcome and a fresh start.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
