Legal Question in Criminal Law in California

Re: expunge one's record

Generally in order to expunge a conviction a petition must be submitted to the court (County) where the conviction occurred to request the expungement. California Penal Code 1203.4 allows qualifying cases to be expunged or in some situations reduced from a felony to a misdemeanor. It is not a difficult procedure but the procedure must be followed exactly in order not to give the court a reason to deny the Petition.

The Process requires a court appearance and depending on the County involved getting a court date for the hearing may take some time. Different counties will have longer waiting periods than others. So the sooner the Petition is submitted the sooner the court will get to it.

The Probation department has an opportunity to object to the request and in some counties they frequently do object. However, in my experience it is very rare for the court to uphold or agree with the objection. Generally, if the charge qualifies and the Defendant has successfully completed the sentence the Petition is granted however I do know of situations where the Petition has been denied so it can and does happen.

The procedure for filing the Petition and seeking the expungement although not difficult can be stressful if you are not sure of what you are doing. You can probably find instructions for the process on this web site or on the internet under California Penal Code 1203.4 or look under California Courts in the self help section. However, if you hire an attorney the process will take much less time, be much less stressful and generally proceed much easier than doing it yourself. Also, if you encounter any problems an attorney will be able to deal the problems or to anticipate any possible problems and avoid them in order to achieve your desired result. Especially if the time element is important to you. If you are looking for an attorney please feel free to contact my office so we can discuss it. I practice law throughout all of California. Good Luck!

Re: expunge one's record

Assuming you're talking about a California misdemeanor or felony, not a federal, then by filing the proper applications and Motions to the court under Penal Code 1203.4, generally done by an attorney. Feel free to contact me if serious about getting this done.