Expungement in California used to be constrained to Penal Code Section 1203.4. Under Penal Code Section 1203.4 an individual can appeal to the court to withdraw a guilty plea or conviction. If the court grants your Expungement motion after your conviction is expunged it will allow you to reopen your case and set aside the conviction. However, this does not mean that your case entirely gets removed from your record. The arrest remains on the record, but the defendant could lawfully say that he was never convicted of a crime.
Eligibility for Expungement Under Penal Code § 1203.4
You may be eligible for expungement under penal code § 1203.4 if:
- You were convicted of a Misdemeanor or certain types of Felonies.
- Probation was granted on the case.
- You have completed the full duration of probation and complied with all terms and conditions of probation or you were discharged from probation to the termination of probation.
- You are not serving a sentence for any offense.
- You are not on probation for any other offense.
- You are not currently charged with any other offense.
- All court restitution and/or fines have been paid.
Los Angeles Expungement Lawyer
If you need help expunging your criminal record get help from a Los Angeles criminal defense attorney how has experience in handling various criminal expungement cases. Call our office at ( 213) 401-2777 to schedule a free consultation.