Expunge Your Criminal Record

Expungement Attorney Michael Erpino

Call Today 530-898-1111

If you have a criminal conviction in California, Penal Code section 1203.4 allows you to “expunge” the conviction from your record. When you expunge a criminal conviction you first withdraw your previously-entered guilty or no contest plea. The Judge then enters a “not guilty” plea on your behalf and dismisses the charges. A Judge can expunge a conviction if you successfully complete probation, or “in the interests of justice.” Call today (530) 898-1111 to discuss your case with an experienced Criminal Defense Attorney.

A criminal conviction has serious consequences besides the initial punishment you received from the Court. Expunging your criminal record is a crucial step to take back control of your life and your future. A criminal conviction on your record can:

  • Cause you to lose your job or keep you from getting a job
  • Make you ineligible for certain types of employment or government benefits
  • Cause you to lose your gun rights or other civil rights
  • Cause you to either lose or be denied a professional license

When you apply for a job, the application may ask “have you ever been convicted of a misdemeanor or felony.” It may also state that “you need not disclose any conviction where relief has been granted pursuant to Penal Code 1203.4.” If you expunge your criminal conviction you can answer “no” to this question. It’s always a good idea to expunge your criminal record as soon as possible.

Expunging an Infraction or a Misdemeanor

Expunging your criminal record involves filing the necessary documents and Motion with the Court. You must also file the Motion with the District Attorney’s Office (DA). You usually pay a court filing fee, and the court clerk will set a Court date to hear your Motion. The DA can object if you did not complete probation, or if you are currently on probation in any other case. The Judge will have the final say regarding your application for expungement.

Call (530) 898-1111 or come see us today if you want our office to expunge your criminal record. We prepare and file all necessary documents and Motions with the court and DA’s office, and go to court for you. You will not have to appear in court.

Expunging a Felony Conviction

If you have a felony conviction and you successfully completed probation, you can expunge your criminal record. Even if you went to prison, you can still apply for an expungement in the interests of justice if you’ve lived “an honest and upright life” since your release.

California law has certain crimes that can be charged as either a felony or a misdemeanor. These crimes are referred to as “wobblers.” If you are expunging any wobbler, you should first file a “17b Motion.” A 17b Motion asks the Judge to reduce your felony to a misdemeanor before you expunge the conviction. *Please Note: Depending on the code section you were convicted of, this process may or may not not restore your gun rights in California.

Expunging your felony conviction usually involves paying a filing fee to the Court. You must then submit the necessary forms and Motions to the Court, the DA, and the Probation Department. The Court will set a hearing for the Judge to consider your request, and both the DA and the Probation Department can object. Again, as with misdemeanor expungements, the Judge has the final say regarding your request to expunge your criminal record.