Expungement Lawyer San Jose
A criminal case dismissal under Penal Code section 1203.4 (also referred to as “expungement”) is a valuable tool in the California criminal justice system where a person with a criminal conviction can have their conviction dismissed and can have that dismissal noted on their record. This allows the individual to legally state that they have not been convicted of a crime when applying for jobs or housing. The expungement releases you from the penalties and disabilities associated with having a conviction.Expungement is typically available if you have completed your probation or sentence and have met all other requirements set by the court. After completing all the terms of your probation and sentence, you are allowed to withdraw your plea or finding of guilt and ask the court to set aside the conviction.
An “expungement” changes the disposition of your case to show a dismissal under Penal Code section 1203.4. This means that the California Department of Justice, the FBI, and the Court must update their files to reflect that a new plea of “not guilty” has been entered in your case, and your case has been ordered dismissed and set aside by the Court. Contrary to popular belief, a 1203.4 dismissal is not “erased” or “made invisible” or “removed” from your rap sheet or record. The rap sheet is simply updated to state that the court dismissed your conviction, which is a significant benefit.
The Types of Crimes That May Be Dismissed
The following crimes can be “expunged” from a criminal record, including:
- Misdemeanor offenses, such as petty theft, DUI, drug possession, vandalism, and certain domestic violence charges
- Felony offenses that have been reduced to misdemeanors through a plea bargain or under Proposition 47
- Many felony offenses, including felonies that are considered “wobbler” offenses, meaning they can be charged as either a misdemeanor or a felony.
Even if you had a probation violation, it is often still possible to expunge your case in the interests of justice and at the discretion of the court. See the case of People v. McLernon (2009) 174 Cal. App. 4th 569. However, you must have paid your fines and fees in full.
Types of Crimes That May Not Be Dismissed
Certain offenses are not eligible for expungement under California law, including:
- Offenses that resulted in a state prison sentence
- Offenses that were committed while serving a term in state prison
- Offenses that involved sexual crimes against minors, such as:
- California Penal Code Section 286(a) – Sodomy with a Minor
- California Penal Code Section 288 – Lewd and Lascivious Acts with a Minor
- California Penal Code Section 288a(c) – Oral Copulation with a Minor
- California Penal Code Section 261.5(d) – Unlawful Sexual Intercourse with a Minor
What an Expungement Cannot Do For You
After your California conviction has been dismissed under PC 1203.4, the following will still apply:
- A dismissal will not reinstate your suspended or revoked driver’s license;
- A dismissal will not restore your California gun rights if your conviction prevents you from owing or possessing a firearm;
- A dismissal will not end your legal obligation to register as a California sex offender under Penal Code Section 290;
- If you are convicted on another criminal offense in the future, your dismissal can still be used as a sentencing enhancement, such as a strike, unless you are able to reduce the charge to a misdemeanor prior to asking the judge to dismiss it under Penal Code section 1203.4.
There are many benefits of having your criminal conviction expunged. For example, if employers ask if you have ever been convicted of a crime, your response can be “no.” Note, however, for questions relating to Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you may be required to disclose the expunged case. However, you can truthfully say that your conviction has been dismissed and set aside.
In some cases, if you have a disqualifying offense, you may still be entitled to certain post-conviction relief, including a California Certificate of Rehabilitation or a California Governor’s Pardon.
Contact Nana Knight for a Free Case Evaluation
If you have a criminal record and are seeking a fresh start, expungement could be the key to clearing your past and restoring your reputation. Expungements can remove barriers to employment, professional licensing, and housing, offering you a second chance. At Knight Law, we understand the long-term impact a criminal conviction can have on your life and career, especially in sensitive fields like IT, healthcare, and finance. Contact Nana Knight or call (408) 877-6177 today for a free case evaluation to determine if you’re eligible for expungement and to discuss how we can help you move forward with confidence and a clean slate.
