The first thing that someone who wants to apply for an expungement needs to understand is that if your petition is granted under Penal Code 1203.4, your case is not sealed. A criminal record is not actually "expunged" under this statute. That term implies complete erasure, as if the case had never occurred. A more proper term is "dismissal". The conviction remains on your record for many purposes, including sex offender registration and immigration consequences. What the statute provides is, except as elsewhere stated, the defendant is 'released from all penalties and disabilities resulting from the offense'. There are numerous limitations to this relief.
An adult who was granted probation, completed all the terms of probation, and is no longer on probation, is eligible for relief under this statute.He or she must not be on probation, or serving a sentence, forany other offense, anywhere. (Penal Code § 1203.4)
What are the effects of expungement under PC1203.4?
It Will:
1. Result in a new entry in the court record showing the dismissal of the case;
2. Allow you to answer on many, but not all, job applications that you have not been convicted.
If, however, you are applying for a government job or a job which requires a government-issued
license, certificate, or permit, or a job which involves a security clearance, the conviction will be
discovered; in such cases, you should disclose the initial conviction and its later expungement;
3. Prevent use of the conviction to impeach you if you testify as a witness, unless you are being
tried for a subsequent offense.
4. If the conviction was for a felony, expungement is the first step in obtaining a pardon.
It Will Not:
1. Remove the conviction from your "Rap Sheet" - California and FBI criminal history records will
still show the conviction and the later dismissal "per PC 1203.4";
2. Reinstate the right to possess firearms,if it was taken away
(reduction to a misdemeanor may accomplish this if the offense is not one of violence;)
3. Allow you to omit the conviction from applications for government issued licenses;
4. Seal or otherwise remove the court case file from public inspection - anyone who knows where
to look will be able to find the court case file (probation reports are in confidential files and are
not subject to public inspection 90 days after sentencing;)
5. Prevent the conviction from being used as a "prior" to increase punishment on a subsequent conviction;
6. Prevent the conviction from being used for impeachment purposes on a subsequent offense;
7. Prevent the conviction from being considered and used to refuse or revoke government licenses
and permits such as real estate sales licenses, teaching credentials, bus drivers licenses, security
guard certificates, etc.; however, the expungement may reduce the weight given the conviction
by the licensing agency.
8. Prevent the conviction from being used by INS for removal and exclusion purposes.
How is expungement accomplished?
The applicant must complete a 'Petition for Relief' form and submit it to the Superior Court for
review and a decision by the court. The Court charges a fee for filing such a Petition. The fee is
currently $120 for a felony case and $60 for a misdemeanor case, but the Court will waive the fee
in the event the petitioner establishes an inability to pay.
The Superior Court’s website contains helpful information about the expungement process for
both misdemeanors and felonies. If you feel that you are unable to pay the court fees, you can file
a 'Financial Declaration", along with the petition. The Court will make a decision on waiving the fees
on the case. You can file these forms yourself by filing out the forms online, printing them out, and
sending, or taking them to the court address on the form. The court normally takes at least 8-10
weeks to make a decision on a case.
Misdemeanors do not require any other information other than what is on the the form,
unless you violated probation or committed new crimes. Felonies always require additional
paperwork. A motion must be written and filed with your felony petition. A court hearing will
be scheduled and you will need to appear. You will need to go to your local law library to inquire
about how to properly write a motion for the court. If you have more than one case you wish
to expunge, you should contact our office for assistance.
Expungement through the Office of the Public Defender
The Office of the Public Defender can assist you with the expungement process if you wish. You
will need to fill out the application form, then save it to your hard drive or print it out. The exact format
is not important – just the answers to the questions.
There are several ways to submit the information:
1. Save the completed form to your hard drive, open up your mail server, and then attach the form
to the e-mail message. You should call our office first, to find out who to send the e-mail to.
Click on the 'Contact us' link to the left. This way you will be able to give anyotherinformation
you want to pass along to the proper person in our office.
2. Copy the questions to the Windows clipboard and then paste into an e-mail message.
The questions could then be answered in the e-mail message itself and then the completed
message can be sent to the Public Defender. Again, call our office first to find out where
to e-mail the information.
3. Print out a blank form. Fill out the information by hand and fax the form to our office. Contact
the proper office to find out their fax number, if you went through a branch courthouse. If you are
unsure which office it should be sent to, fax it to the Main Office number below.
Mail or fax your completed application form to:
Department of the Primary Public Defender
Expungement Paralegal
233 "A" Street, Suite 500
San Diego, CA 92101
FAX: 619-338-4811 (Attn: Expungements)
ADDITIONAL RESOURCES for the expungement process are being updated
