If you have a criminal conviction on your record in California, you may be eligible for a fresh start through a legal process called expungement. Under California Penal Code 1203.4, people who have met certain requirements — including completing probation — can petition the court to withdraw their guilty or no contest plea, enter a plea of not guilty, and have the case dismissed. An expungement does not erase the conviction from your rap sheet entirely, but it changes the court record to read “dismissed pursuant to Penal Code 1203.4” — which removes most of the barriers a criminal record creates for employment, housing, and professional licensing under state law.
This guide explains who qualifies for expungement in California, how the process works in Orange County, and what an expungement can and cannot do for your future.
What Is an Expungement Under California Penal Code 1203.4?
An expungement under PC 1203.4 is a form of post-conviction relief that allows the court to reopen your case and dismiss the conviction. When the court grants an expungement, it withdraws your original guilty or no contest plea, enters a plea of not guilty on your behalf, and dismisses the case. Your criminal record is then updated to reflect the dismissal rather than the conviction. Any person who meets the eligibility requirements under this statute can petition the court.
This applies to both misdemeanor and felony convictions, as long as the eligibility requirements are met. An expungement is not the same as sealing or destroying a record — law enforcement and certain government agencies can still see the original conviction. But for most practical purposes, including employment applications, housing background checks, and professional licensing reviews, the dismissed conviction carries significantly less weight than an active one. Expunged records still exist in the system, but their impact on your daily life is substantially reduced.
Who Is Eligible for Expungement in California?
Eligibility for expungement under PC 1203.4 depends on several specific conditions. You may qualify if you meet all of the following:
You successfully completed all terms of your probation, including any court-ordered classes, community service, counseling programs, and payment of all fines and restitution. You are not currently charged with another criminal offense, on probation for another case, or serving a sentence for any crime. You did not serve time in California state prison for the conviction you are seeking to expunge. If you did serve time in state prison, you may still qualify if the offense would have been eligible for county jail under Proposition 47’s realignment provisions.
What Convictions Cannot Be Expunged?
Not every criminal conviction qualifies for expungement under PC 1203.4. Certain serious and violent felonies are permanently ineligible, including murder, certain sex offenses involving minors such as Penal Code Section 261.5(d), and offenses that require registration as a sex offender under Penal Code Section 290. Federal convictions are also outside the scope of this statute — PC 1203.4 applies only to convictions in California state courts, not federal courts or courts in other states. If your conviction occurred in a different jurisdiction, you would need to pursue relief under that jurisdiction’s laws. If your conviction falls into one of these ineligible categories, expungement is not available — though other forms of post-conviction relief, such as a Certificate of Rehabilitation or a governor’s pardon, may apply in limited circumstances.
What If You Violated Probation?
A probation violation does not automatically disqualify you from expungement. Under PC 1203.4, the court has discretion to grant an expungement even when probation was not completed perfectly, if the judge determines it is in the interests of justice.
The court will consider several factors: the nature and seriousness of the probation violation, your overall compliance with the other terms, the nature of the original offense, evidence of rehabilitation since the conviction, and your current circumstances. If the violation was minor — a missed check-in, a late payment — and you otherwise completed the substance of your probation, the court may still grant the petition.
In some cases, a strategic first step is to petition for early termination of probation before filing for expungement. If probation is still active, your attorney can request that the court end probation early based on good conduct, and then immediately file the expungement petition once probation is terminated.
How the Expungement Process Works in Orange County
The expungement process in Orange County follows a structured sequence. While the steps are straightforward, the details matter — errors in the petition or missing documentation can delay or derail the process.
Step 1: Obtain Your Criminal Record From the Orange County Superior Court
Before filing, you need a copy of your criminal record from the Orange County Superior Court. This confirms the exact charges, case number, sentencing terms, and probation conditions — all of which are referenced in the expungement petition. Your attorney can obtain these documents on your behalf and verify that the information matches the court record.
Step 2: File a Petition for Dismissal Under PC 1203.4
The petition is filed with the court where you were originally convicted. For most Orange County cases, this is the Central Justice Center in Santa Ana. The petition must include the case number, the conviction being challenged, the basis for eligibility, and any supporting documentation showing rehabilitation, employment, community involvement, or other factors that support dismissal.
Step 3: District Attorney Review
After the petition is filed, a copy is served on the Orange County District Attorney’s Office. The DA has the opportunity to review the petition and file an objection if they believe expungement is not warranted. In many routine cases — particularly older misdemeanors with no subsequent criminal history — the DA does not object.
Step 4: Court Hearing
If the DA objects or if the judge wants to hear arguments, a court hearing will be scheduled. During the hearing, your attorney presents the case for why the conviction should be dismissed — evidence of rehabilitation, compliance with probation, employment history, community ties, and any other factors that demonstrate you have moved beyond the offense. The DA may present counterarguments.
Not all expungement petitions require a hearing. In cases where the DA does not object and the petition is straightforward, the court may grant the expungement based on the written petition alone.
Step 5: Court Decision
The judge reviews the petition, any supporting evidence, and arguments from both sides before issuing a decision. If the petition is granted, the court enters an order dismissing the conviction. Your criminal record is updated to reflect the dismissal.
If the court denies the petition, the decision is not necessarily final. A person whose expungement is denied can appeal the ruling or refile the petition at a later date with additional evidence of rehabilitation or changed circumstances. An attorney can advise on whether an appeal or a new petition is the stronger path forward.
Timeline
The expungement process in Orange County typically takes 10 to 16 weeks from filing to final order. Straightforward misdemeanor petitions with no DA objection can be resolved in as little as four to five weeks. Older cases, felony petitions, and cases involving probation violations may take longer. The Santa Ana Central Justice Center handles the highest volume of expungement petitions in the county, which can affect scheduling.
What Does an Expungement Do for You?
An expungement provides meaningful relief across several areas of daily life that a criminal conviction disrupts.
Employment
Once your conviction is dismissed, you can legally answer “no” when asked on most job applications whether you have ever been convicted of a crime. California law prohibits most private employers from asking about or considering a dismissed conviction in hiring decisions. While the conviction may still appear on some background checks, the notation that it was dismissed pursuant to PC 1203.4 provides significant protection — the conviction is no longer in public view as an active conviction, and employers’ access to dismissed records is restricted by law. For many people, removing the employment barrier is the primary reason they pursue expungement.
Housing
Landlords routinely run criminal background checks on prospective tenants. A dismissed conviction is far less likely to result in a denied application than an active one, particularly with professional property management companies that use standardized screening criteria.
Professional Licensing
State licensing boards for professions such as nursing, teaching, real estate, law, dental hygiene, and contracting all conduct background checks. A dismissed conviction demonstrates rehabilitation and compliance with the court’s requirements, which licensing boards consider when evaluating applications. Some boards require disclosure of even dismissed convictions, but the dismissal itself carries weight in showing the applicant has addressed the underlying issue.
Civic Rights
Expungement restores your right to vote and your eligibility to serve on a jury — rights that are suspended during a felony conviction and probation period in California.
Personal
Beyond the practical benefits, expungement offers a sense of closure. The psychological weight of carrying a criminal conviction affects how people present themselves in job interviews, on applications, and in their communities. A dismissed conviction does not erase the past, but it formally recognizes that you have met the court’s requirements and moved forward. √\
What an Expungement Does NOT Do
Understanding the limitations of expungement is just as important as understanding the benefits. A PC 1203.4 dismissal is powerful, but it does not solve every problem a criminal record creates.
An expungement does not erase the record from law enforcement databases or state records. Police and prosecutors can still see the original conviction and the dismissal. If you are charged with a new crime in the future, the expunged conviction can still be used as a prior offense for sentencing enhancement purposes.
An expungement does not restore firearm rights if your conviction prohibits you from possessing a firearm. The gun prohibition remains in effect even after dismissal for most qualifying offenses.
An expungement does not remove sex offender registration requirements under Penal Code Section 290.
An expungement does not automatically restore a suspended or revoked driver’s license. License reinstatement is handled separately through the DMV.
An expungement does not eliminate disclosure requirements for certain government positions. Applicants for public office, law enforcement positions, and federal security clearances are typically required to disclose all convictions, including those that have been dismissed. Expunged records remain visible in these contexts.
Expungement and Immigration
This is a critical limitation that many people do not understand: an expungement under California law does not protect you in federal immigration proceedings. United States Citizenship and Immigration Services, Immigration and Customs Enforcement, and federal immigration courts require full disclosure of all criminal convictions — including those that have been dismissed under PC 1203.4. A dismissed conviction can still trigger deportation proceedings, bar eligibility for naturalization, or affect pending visa and green card applications.
If you are a noncitizen considering expungement, it is essential that your attorney understands both criminal defense and immigration law. Attorney Anthony J. Nuñes practices in both areas, which allows him to evaluate whether expungement helps your overall legal situation or whether additional immigration-specific strategies are needed.
California’s Clean Slate Laws — Automatic Record Sealing
In addition to the petition-based expungement process, California has enacted Clean Slate laws that provide automatic record relief for certain eligible convictions.
Under Assembly Bill 1076 and Senate Bill 731, the California Department of Justice automatically identifies and processes eligible records for sealing. Eligible misdemeanor convictions are sealed one year after the date of case closure. Eligible felony convictions are sealed four years after the completion of the sentence, as long as no new criminal offenses have occurred.
Arrest Record Sealing
Arrest records that did not result in a conviction are sealed after three years under the Clean Slate laws. This means the arrest is removed from public view on your state records, though law enforcement can still access sealed arrest records for investigative purposes.
Automatic record sealing is separate from a PC 1203.4 expungement. If your record qualifies for automatic sealing, no petition is required — the process happens in the background. However, not all convictions are covered by the Clean Slate laws. When automatic relief does not apply, the petition-based expungement process under PC 1203.4 remains the primary path to clearing your record.
An attorney can review your record and determine whether your conviction qualifies for automatic sealing, whether a petition-based expungement is needed, or whether both options apply.
Can You Reduce a Felony to a Misdemeanor Before Expungement?
If your felony conviction was for a wobbler offense — a crime that the prosecutor had the discretion to charge as either a misdemeanor or a felony — you may be able to have the felony reduced to a misdemeanor under Penal Code 17(b) before filing for expungement.
This is a strategic two-step process. First, your attorney petitions the court to reduce the felony to a misdemeanor. If the reduction is granted, the offense is reclassified on your record. Then, the expungement petition is filed for the now-misdemeanor conviction. The result is a record that shows a dismissed misdemeanor rather than a felony — a significantly better outcome for employment, licensing, and housing purposes.
Not all felony convictions are eligible for reduction. Only wobbler offenses qualify, and the court considers the nature of the offense, your criminal history, and your conduct since the conviction when deciding whether to grant the reduction.
Frequently Asked Questions About Expungement in California
How long does the expungement process take in Orange County?
The timeline depends on the complexity of the case, the court’s schedule, and whether the District Attorney objects. Most expungement petitions in Orange County are resolved within 10 to 16 weeks. Straightforward misdemeanor cases with no DA opposition can be completed in as little as four to five weeks. Cases involving felonies, probation violations, or older convictions may take longer.
Will an expunged conviction show up on a background check?
The conviction will still appear on some background checks, but it will show as “dismissed pursuant to Penal Code 1203.4.” California law prohibits most private employers from using a dismissed conviction against you in hiring decisions. However, law enforcement agencies, certain government employers, and some state licensing boards may still see and consider the original conviction.
Can I expunge a DUI conviction in California?
In most cases, yes. A DUI conviction — whether charged as a misdemeanor under Vehicle Code 23152 or as a felony — can be expunged under PC 1203.4 if you completed probation and meet the other eligibility requirements. Expunging a DUI does not restore a suspended driver’s license, which must be handled separately through the DMV.
Can I expunge a domestic violence conviction?
Yes, in most cases. Misdemeanor domestic battery under Penal Code 243(e)(1) and felony corporal injury under Penal Code 273.5 are both eligible for expungement if probation was completed and the other requirements are met. However, an expunged domestic violence conviction does not restore firearm rights — the federal and state prohibitions remain in effect regardless of the dismissal.
Does expungement help with immigration cases?
No. This is one of the most important limitations of California expungement. Federal immigration authorities — including USCIS and ICE — do not recognize state-level expungements. A dismissed conviction can still be used as grounds for deportation, denial of naturalization, or visa denial. If you are a noncitizen, it is critical that your criminal defense attorney also understands immigration law before pursuing expungement or any plea agreement that could affect your status.
How much does expungement cost in Orange County?
Court filing fees for an expungement petition in Orange County range from $60 for misdemeanor cases to $120 for felony cases. If you are facing financial hardship, you can submit a Request to Waive Court Fees — if approved, the filing fee is reduced to zero. Attorney fees vary based on the complexity of the case — a straightforward misdemeanor expungement is generally less expensive than a felony case requiring a reduction under PC 17(b) first. The Law Office of Anthony J. Nuñes can review your case and provide a clear picture of the costs involved.
Can I Get Legal Help With Expungement If I Cannot Afford an Attorney?
A public defender typically does not handle expungement cases, since expungement is a post-conviction matter rather than an active criminal case. However, legal aid organizations in Orange County may offer assistance with expungement petitions for people who qualify based on income. Several nonprofit organizations provide low-cost or free legal help specifically for record-clearing in California. An attorney can also advise you on whether your case qualifies for a court fee waiver to reduce the out-of-pocket cost of filing.
A criminal conviction does not have to define your future. If you are eligible for expungement in California, the Law Office of Anthony J. Nuñes can guide you through the process and help you move forward. Attorney Nuñes has over 26 years of experience handling criminal defense matters in Orange County courts.
Schedule a consultation: (714) 404-3131
The Law Office of Anthony J. Nuñes serves clients throughout Orange County, including Santa Ana, Anaheim, Garden Grove, Fullerton, Buena Park, La Habra, Cypress, Yorba Linda, and La Mirada.