Legal Question in Criminal Law in California

California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

That will not restore your gun rights, if that was an issue for you.

But yes - a domestic violence case can be dismissed as long as you weren't sentenced to prison.

California does not have any true expungement law. But if you were granted probation, after you complete your probation the conviction can be stricken from the record with certain limitations. For example, even after the "expungement" one may still not own a gun. One of the advantages of an expungement is that it allows you to tell a prospective employer that you have not been convicted. There are a number of other advantages and restrictions. You may want to confer with a criminal defense attorney.

The answer is yes if you were given a probationary sentence and you successfully completed probation. You also cannot currently be on probation for another case or facing other charges or in custody. If all these conditions are met, you can have the conviction expunged. However, as Mr. Dane and Mr. Shapiro have correctly stated, expungement in California is not what most people think. The conviction is not erased or deleted or removed from your record. Your plea is changed to "not guilty" and the conviction is changed to dismissal. The big benefit is employment related, as discussed above.

Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual and violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV. Expungement does not restore firearm rights lost because of felony conviction or restraining orders [which you likely got imposed at that time]. Expungement does not remove the restraining orders.

Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.