What is Expungement?

Criminal record expungement means, that the defendant (you) is permitted to withdraw the plea of guilty, or that the verdict of guilt be set aside; and a plea of not guilty be officially entered and the court dismisses this action. This means that you are no longer convicted of the offense!

 

Criminal record expungement refers specifically to California Penal Code 1203.4 and 1203.4a.

 

PC 1203.4 refers to felonies and to misdemeanors with probation granted. You can petition for expungement after you have completed probation and have paid all fines or restitutions due. The maximum cost for expungement under PC 1203.4 is $120 (unless you qualify for the fee waiver). Some counties may charge less than $120 or nothing at all, so it is a good idea to inquire.

 

PC 1203.4a refers to misdemeanors without probation granted. You can petition for expungement after a year of the pronouncement of judgment. The maximum cost for expungement under PC 1203.4a is $60 (unless you qualify for the fee waiver). Some counties may charge less than $60 or nothing at all, so it is a good idea to inquire.


Please note that you must petition for expungement in the county of origin. In addition, in order to qualify for expungement, you must owe no fines or restitution, be off probation, and must not currently have active charges. Only felonies and misdemeanors qualify for expungement (no traffic violations, citations, etc.).