subject: California Conviction Expungement - Penal Code Section 1203.4a [print this page] If you have been convicted of a Crime in California, you or your legal representative may apply to have your conviction expunged under Penal Code Section 1203.4a if certain requirements are met.
What Types of Convictions Are Not Eligible For Expungement?
Expungement depends on a variety of factors, including the nature of the offense, completion of probation, and whether jail time was required as a part of the sentence. Some offenses are not eligible for expungement and include:conviction under
California Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; and
Penal Code Sections 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).
Additionally, if you were convicted of an offense that resulted in a State Prison sentence, you will similarly not be eligible for expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons and a pardon.
When Does Penal Code Section 1203.4a Apply?
Penal Code Section 1203.4a may be applied to explunge your record if the following requirements are met:
You were convicted of a misdemeanor;
You were NOT granted probation;
You were NOT sentenced to prison;
You paid all of your fines;
You have lived an upstanding life;
You have not been convicted of another crime;
You otherwise completed the terms set forth by the Court; and
A year has passed since you were convicted.
How To Apply For Expungement Under PC 1203.4a?
You may apply for expungement by contacting an attorney to prepare the documentation and file it for you, or you may go down to the courthouse where you received your conviction and ask for an expungement packet. Certain fees and fines may apply and you may also apply for a fee wavier if you are unable to pay the fees.
What Is The Full Text Of California Penal Code Section 1203.4a?
(a) Every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 12021.1 of this code or Section 13555 of the Vehicle Code. The defendant shall be informed of the provisions of this section, either orally or in writing, at the time he or she is sentenced. The defendant may make an application and change of plea in person or by attorney, or by the probation officer authorized in writing; provided, that in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section. This subdivision applies to convictions which occurred before as well as those occurring after, the effective date of this section. (b) Subdivision (a) does not apply to any misdemeanor falling within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, or to any infraction. (c) A person who petitions for a dismissal of a charge under this section may be required to reimburse the county and the court for the cost of services rendered at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed sixty dollars ($60), and to reimburse any city for the cost of services rendered at a rate to be determined by the city council not to exceed sixty dollars ($60). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person's eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision. (d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council o r (2) approved by the Judicial Council.
California Conviction Expungement - Penal Code Section 1203.4a
