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Expungement (PC 1203.4)
Cleaning up your criminal record opens doors — employment, housing, professional licenses. California's expungement statute (PC 1203.4) is one of the most generous in the country.
Who qualifies for expungement
Eligible:
- Misdemeanor convictions (after probation or 1 year if no probation)
- Felony convictions where probation was imposed (not state prison)
- Cases where you served county jail under realignment (PC 1170(h))
- Infractions (after 1 year)
Ineligible:
- Cases where you served state prison (use Certificate of Rehabilitation)
- Certain sex offenses (PC 286(c), PC 288, PC 288a(c) cannot be expunged)
- Vehicle code 2800.2 (felony reckless evading) and certain other vehicle offenses
- Active probation cases (must complete first or get early termination)
What expungement DOES
- Allows you to truthfully say "no" to "have you been convicted?" on most private job applications
- Helps with apartment rentals
- Restores some civil rights
- Provides closure
What expungement DOES NOT do
- Does NOT remove the record from law enforcement databases
- Does NOT restore gun rights for felony convictions (separate process)
- Does NOT prevent the conviction from being used as a "prior" in future cases
- Does NOT erase DMV record (DUI stays for 10 years regardless)
- Does NOT help with immigration consequences (ICE/USCIS still see expunged convictions)
- Does NOT help with required disclosure on government job applications
- Does NOT remove sex offender registration requirements
The expungement process
- Pull your court records (Orange County Superior Court)
- Verify probation completion
- Prepare CR-180 petition with attached declaration
- File at the courthouse where convicted (filing fee ~$150)
- Serve the District Attorney\'s office
- Court hearing (often decided without hearing if uncontested)
- Receive order, request multiple certified copies
- Update credit reports, background check services
Bonus: PC 17(b) reduction (felony to misdemeanor)
For wobbler felonies, you can simultaneously file a PC 17(b) motion to reduce the felony to a misdemeanor. This is typically done before or at the same time as the expungement petition. PC 17(b) reduction restores most civil rights and dramatically improves job prospects.
Certificate of Rehabilitation
For state prison convictions, the path is Certificate of Rehabilitation (PC 4852.01-21). Higher bar — requires 7-10 years post-discharge with clean record. Once granted, automatically becomes recommendation for governor\'s pardon.
Want to clean up your record in Orange County? Contact us for a free eligibility evaluation.
Frequently Asked Questions
What is expungement in California?
Expungement under PC 1203.4 is technically a "dismissal" — the court withdraws the guilty plea, enters a not-guilty plea, and dismisses the case. The conviction no longer needs to be disclosed on most private job applications. The record still exists in court files and can be seen by law enforcement.
Who is eligible for expungement in California?
Generally: anyone who completed probation (or sentence) without violation, is not currently charged with a crime, and did not serve state prison time. Felony state prison sentences can sometimes be expunged through Certificate of Rehabilitation. Sex offender registration crimes have additional restrictions.
How much does expungement cost in Orange County?
Court filing fees: $120-$150. Attorney fees: typically $500-$1,500 depending on case complexity. Some attorneys offer flat-fee packages. Doing it pro per is possible but errors can result in denial — common for charges like DUI, domestic violence, or reductions sought under PC 17(b).
How long does an expungement take in Orange County?
Typically 6-12 weeks from filing to court order. Uncontested petitions are often granted without a hearing. Contested cases (where DA opposes) can take longer.
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