What Is The Process To Get An Expungement In California?

Getting your criminal record cleared in California might seem complicated, but the process is more straightforward than many people think. We help clients navigate this system every day, and we’ve seen how much relief expungement can bring to people’s lives.

The expungement process in California involves filing a petition under Penal Code 1203.4 and having your conviction dismissed and set aside. There may be a requirement to attend a court hearing, but that is not always the case.  Once completed, you can legally answer “no” when most employers ask about criminal convictions. This opens doors to better jobs, housing, and educational opportunities that may have been closed before.

We’ll walk you through each step of the process, from checking if you qualify to what happens after your expungement is granted. You’ll learn exactly what forms to file, how long everything takes, and what to expect at your court hearing.

Contact us today to get started!

Understanding Expungement in California

Expungement in California allows people to dismiss certain criminal convictions from their records, such as DUI, drug possession, or petty theft. This legal process can help remove barriers to employment and housing while providing a fresh start for those who qualify.

What Expungement Means

Expungement is a legal process under California Penal Code Section 1203.4. It allows you to withdraw a guilty or no contest plea and dismiss the case.

The court reopens your case during expungement. You can then change your plea to not guilty. The court dismisses all charges against you.

Important note: Expungement does not completely erase your record. The conviction still exists but shows as “dismissed” on background checks.

Law enforcement and government agencies can still see the original conviction. However, most employers and landlords will see the dismissal instead of the conviction.

Expungement provides legal relief from many penalties. You can legally say you were not convicted of that crime in most situations.

Types of Cases That Qualify

Most misdemeanor and felony convictions qualify for expungement in California. You must complete all terms of your sentence first.

Eligible cases include:

• Misdemeanor convictions
• Felony convictions (if not sentenced to state prison)
• Cases with probation (completed successfully)
• Cases without probation (after waiting period)

Cases that do not qualify:

• Sex crimes against children
• Certain vehicle code violations
• Cases with state prison sentences (with some exceptions)

You must wait one year after completing your sentence if you did not receive probation. If you completed probation, you can apply once probation ends.

Certain serious felonies cannot be expunged under any circumstances.

Certain Vehicle Code Violations: Some traffic offenses cannot be cleared from your record. However, many DUI convictions can be expunged if you meet other requirements.

Federal Crimes: California expungement only works for state crimes. We cannot help with federal convictions through this process.

If you served time in state prison instead of county jail, you usually cannot get an expungement. However, some exceptions exist under recent law changes.

Exceptions to Eligibility

Even if you do not meet all the standard requirements, you might still qualify for expungement in some cases.

Early Probation Termination: You can ask the court to end your probation early. If approved, you can then apply for expungement right away instead of waiting.

Proposition 47 Cases: If your felony was reduced to a misdemeanor under Proposition 47, you might qualify for expungement even with a prison sentence.

Good Cause Situations: Courts sometimes make exceptions for people who show good reasons. Examples include:

• Need for employment
• Professional licensing requirements
• Immigration concerns

Modified Sentences: Recent changes in California law have created new opportunities. Some people who served state prison time can now reduce their felonies to misdemeanors first, then seek expungement.

We recommend talking to someone about your specific situation. Every case has different details that can affect your eligibility.

Benefits of Expungement

Expungement removes many barriers that criminal convictions create. The biggest benefit is improved job opportunities since most employers see the dismissal.

Employment benefits:

• Better chances during background checks
• Legal right to deny a conviction in most job interviews
• Access to professional licenses in some fields

Housing advantages:

• Easier approval for rental applications
• Reduced discrimination from landlords
• Better mortgage loan opportunities

Personal benefits:

• Improved self-confidence
• Removal of social stigma
• Peace of mind about your record

Expungement does not restore gun rights or prevent immigration consequences. Some government jobs and licenses may still consider the original conviction.

Professional licensing boards often still see expunged convictions. Each licensing agency has different rules about dismissed cases.

Step-By-Step Expungement Process

Getting an expungement in California involves three main steps that we help clients navigate every day. You’ll need to review your criminal record, gather the right documents, and send the required information to our office.  We’ll handle the preparation and filing of all necessary documents.

Review Your Criminal Record

Before starting the expungement process, you should know exactly what’s on your criminal record. We recommend getting a copy of your record from the court where your case was handled.

You can request records from the courthouse clerk’s office. Some courts let you view records online through their website. Others require you to visit in person or mail a request.

What to look for on your record:

• Case numbers for each conviction
• Dates of conviction
• Specific charges and codes
• Sentence details
• Probation information

Write down all the important details from each case. You’ll need to provide this information to our office.  

Complete Expungement Forms

California uses specific forms for expungement petitions. We help clients fill out the following forms correctly to avoid delays or rejections.

• Petition for Dismissal
• Order for Dismissal
• Proof of service documents
• Declaration (if requested by the court)

Copies of the petition will need to be served to the district attorney’s office. We handle this for you as part of the expungement process.

Attending the Court Hearing

Not all expungement cases require a court hearing, but when one is scheduled, you must attend to present your case to the judge. The hearing gives you a chance to explain why you deserve expungement and show how you have changed since your conviction.

What to Expect at the Hearing

The expungement hearing is a formal court proceeding where a judge reviews your petition. We recommend arriving early and dressing professionally to show respect for the court.

During the hearing, you will need to explain why you want your record expunged. The judge may ask about your current situation, employment, and what you have done to better yourself since your conviction.

Common questions judges ask:

• Why do you want your record expunged?
• What have you done to rehabilitate yourself?
• How has the conviction affected your life?
• Are you currently employed or seeking employment?

The prosecutor may also attend and challenge your petition if they believe you should not receive expungement. They might bring up details about your original case or argue that expungement is not in the public’s interest.

Possible Outcomes

The judge has three main options after reviewing your petition and hearing your case. Each outcome has different implications for your criminal record.

Granted: The judge approves your expungement petition. Your conviction will be set aside, and you can legally say you were not convicted of that crime in most situations.

Denied: The judge rejects your petition. Your conviction remains on your record. You can usually reapply in 3-6 months if you address the reasons for denial.

Continued: The judge postpones the decision and asks you to complete certain requirements first. This might include paying outstanding fines, completing community service, or taking classes.

Receiving the Judge’s Decision

Most judges announce their decision immediately after the hearing ends. If your expungement is granted, the court will prepare an order dismissing your case and setting aside the conviction.

You will receive official paperwork confirming the expungement within a few weeks. We suggest keeping multiple copies of this order for your records.

If denied, the judge will explain the reasons. Common reasons include unpaid fines, incomplete probation, or current pending cases. You can address these issues and file a new petition later.

The court will also notify the California Department of Justice about the expungement so they can update your criminal history record.

How Long the Expungement Process Takes

The expungement process in California typically takes 2-4 months from start to finish. Several factors can speed up or slow down your case.

Typical Timelines

At Laguna Legal, we can usually file your expungement petition within 72 hours of collecting payment. This quick turnaround helps get your case moving right away.

Once we file the petition with the court, you’ll wait about 45 days for the judge to make a decision. Some courts move faster than others.

Most cases follow a standard timeline. Simple cases with no complications often finish within this timeframe.

Factors That Affect Processing Time

Several things can make your expungement take longer than expected. Court caseloads play a big role in processing speed.

Factors that slow down the process:

• Heavy court schedules in your county
• Missing or incomplete paperwork
• Complex criminal history
• Outstanding fines or fees
• Probation violations

Factors that speed up the process:

• Complete and accurate documents
• No criminal history complications
• Paid fines and fees
• Courts with lighter caseloads

We help prepare your documents correctly the first time. This prevents delays from paperwork problems.

Some counties process expungements faster than others. Orange County courts typically handle cases within the standard timeframe we mentioned.

After Expungement: What to Expect

Once your expungement is approved, you’ll see changes in how your criminal record appears on most background checks, though some limitations still apply to certain situations and agencies.

Updating Background Checks

Most employers will no longer see your expunged conviction when they run standard background checks. This opens up new job opportunities that were previously closed to you.

However, the change doesn’t happen instantly. We recommend waiting 30-60 days after your expungement order before applying to jobs that require background checks.

Private employers using standard screening companies typically won’t see expunged records. This includes most retail, office, and service jobs.

You can also legally answer “no” when job applications ask if you’ve been convicted of a crime. This applies to most private sector positions.

Some background check companies may still show old information. If this happens, provide them with a copy of your expungement order to update their records.

Limitations of Expungement

Expungement doesn’t erase your record from all agencies. Several important exceptions still apply.

Government agencies can still see your expunged conviction. This includes:

• Law enforcement during arrests
• Courts during sentencing for new crimes
• State licensing boards for professional licenses
• Government jobs requiring security clearances

Federal agencies also retain access to expunged state records. Immigration services, federal employment, and national security positions will still see your original conviction.

If you’re arrested again, prosecutors and judges can consider your expunged conviction during plea negotiations and sentencing. The expungement doesn’t protect you in future criminal cases.

Professional licenses in fields like healthcare, law, or finance may still require disclosure of expunged convictions during application processes.

How Laguna Legal Can Help

At Laguna Legal, we understand how a criminal record can affect your life. We help people throughout California clear their records through the expungement process.

Our services include:

• Preparing all required court documents
• Filing paperwork with the correct court
• Serve the district attorney’s office
• Guiding you through each step

We know the expungement paperwork can be confusing. The forms are filled with legal terms that are hard to understand. That’s why we’re here to help make the process easier.  

Our team prepares all the documents you need for your expungement services. We make sure everything is filled out correctly before filing with the court.

What makes us different:

• We focus only on legal document preparation
• We have experience with California expungements
• We offer affordable, flat-fee services
• We provide personal attention to each case

We can’t give legal advice because we’re not lawyers. But we can prepare your documents properly and help you understand the process.  Our fixed price to help you through the standard process is $950 and includes any required court fees.

Contact us today for a consultation or to get started.  We look forward to hearing from you!