Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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If a person in California was convicted of a felony and the conviction did not result in state prison time, he or she can apply for an expungement under Penal Code 1203.4 PC. There are several steps to the expungement process, which include
Convicted felons should consult with an experienced criminal defense attorney if they believe they meet expungement eligibility.
If parties served prison time for a felony offense, they can still try to get a felony conviction expunged if they would have been sentenced to jail for the crime had it been committed after 2011’s Proposition 47 Realignment legislation. Here, qualifying felons apply for an expungement by filing a petition with the court that heard the felony case.
Note that some California felonies can never be expunged. These include certain sex crimes committed against children, such as
In general, a party convicted of a California felony (or misdemeanor for that matter) can apply for an expungement if he/she meets the following criteria:
If a person meets the following conditions, then the party can apply for a California expungement by:
Note that parties should consult with an experienced criminal defense lawyer or law firm (or public defender) for assistance with the above steps. An attorney can advise a person on the specific California laws applicable to his/her case and criminal offense. Note that most attorneys provide free consultations so you can get your legal questions answered for free.
Per California’s expungement laws, people are generally not eligible for an expungement if their criminal conviction resulted in time in state prison (as opposed to county jail).
An exception though applies if a person would have been sentenced to jail for his/her felony had it been committed after 2011’s Proposition 47 Realignment legislation.3
The State of California’s Proposition 47 took several prior convictions that were previously felony or wobbler convictions under California criminal law and changed them to misdemeanor convictions punishable by time in county jail.4
The exception in question is found in California Penal Code 1203.42 PC.5
Note that Penal Code 1203.42 relief is not automatic. The defendant must file a petition with the court and prove that he/she qualifies.
If the petition is granted, the court will either:
The court will then dismiss the charges, and issue a corresponding court order, and the conviction will cease to exist for most purposes.
Yes. There are certain felony offenses that can never be expunged. These include serious sex offenses committed against children, such as
There are numerous benefits to obtaining a California expungement. Some of the most significant include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.