Many people carry an old conviction for years without realizing they could have it dismissed. It comes up on a job application, an apartment rental or a background check, and it can feel like the case never really ended. California law gives you ways to move past it.
Marcus E. DeBose has helped San Diego clients since 2001. He can review your record, explain which options may apply, and handle the petition for you.
Expungement under Penal Code 1203.4
What most people call an expungement in California is a dismissal under Penal Code section 1203.4. If you were granted probation and you have completed it, or were released from it early, you can generally ask the court to set aside your plea or verdict and dismiss the case. You generally cannot be serving a sentence or facing a new charge at the time.
After a dismissal, most private employers generally may not consider the conviction when deciding whether to hire you, and in many situations you can answer that you have not been convicted.
Other paths to relief
- County jail sentences. Some people sentenced to county jail rather than probation may be able to seek a similar dismissal under Penal Code section 1203.41.
- Misdemeanors without probation. Penal Code section 1203.4a may allow dismissal of some misdemeanor convictions where probation was not granted.
- Arrests that did not lead to a conviction. Penal Code section 851.91 may allow you to seal an arrest record when the case did not end in a conviction.
- Completed diversion. When a case is dismissed after diversion, the arrest may be sealed under Penal Code section 851.87.
- Automatic relief. California's Clean Slate laws, including Penal Code section 1203.425, now provide automatic relief for some eligible records. It does not cover every record, so it is worth checking what yours shows.
What a dismissal does not do
A dismissal is a meaningful fresh start, but it has limits that are worth understanding:
- A dismissed DUI can still count as a prior offense if you are arrested for another DUI within 10 years.
- You generally must still disclose the conviction when applying for public office, for a state license, or for certain other government positions.
- It does not change your DMV record or restore firearm rights that were lost because of the conviction.
- It may not help with immigration consequences. Non-citizens should get advice that covers immigration specifically.
Clearing a past DUI
Many misdemeanor DUI convictions can be dismissed once probation is complete. Because DUI probation often lasts several years, some people ask the court to end probation early first. Learn more in Can a DUI be expunged in California?
Start with a record check. Bring whatever paperwork you have, even if it is incomplete. Marcus can help work out what is on your record and which options may apply. Call (619) 876-0992.
Talk to Marcus
If you are ready to put an old case behind you, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. Hablamos español.