Expungement

Expungement in California, formally known as “dismissal” under Penal Code 1203.4, allows people who have completed probation for a criminal conviction to have that conviction set aside and the case dismissed. While not a true “expungement” in the sense of erasing the conviction entirely, PC 1203.4 relief changes your record to show the case was dismissed, allows you to legally state you have not been convicted of that crime in most circumstances, and provides significant benefits for employment, housing, and professional licensing. California also offers other forms of record relief including felony reductions under Proposition 47, marijuana conviction relief under Proposition 64, certificate of rehabilitation, and record sealing for arrests that didn’t result in conviction.

These relief options exist because California recognizes that people who have completed their sentences and remained law-abiding deserve a second chance. The legislature understands that criminal convictions create barriers to employment, housing, education, and professional opportunities that can trap people in cycles of poverty and recidivism. Expungement and record relief serve both individual rehabilitation and public safety by allowing people to move forward productively rather than being permanently defined by past mistakes. However, prosecutors and courts don’t automatically grant this relief—you must petition for it, meet eligibility requirements, and often demonstrate rehabilitation.

Common reasons people seek expungement include applying for professional licenses where convictions must be disclosed, facing employment barriers due to background checks, seeking housing where landlords deny applications based on criminal history, pursuing education or financial aid that requires clean records, restoring gun rights after certain convictions, or simply wanting to move forward without the stigma and limitations of a criminal record. We’ve helped teachers clear old DUI convictions to maintain teaching credentials, nurses expunge drug possession charges that threatened their licenses, business professionals clear theft convictions that prevented promotions, and parents clear records to improve custody situations.

Types of Expungement & Record Clearing Services We Provide

We handle all forms of record relief in San Luis Obispo, Santa Maria, and Lompoc:

Common Expungement & Record Relief Services

• PC 1203.4 Expungement (Dismissal) – The primary form of California expungement, allowing those who completed misdemeanor or felony probation to set aside their conviction and have the case dismissed, available even if you violated probation or served jail time.
• Early Termination of Probation – Requesting the court end your probation early so you can immediately apply for expungement rather than waiting until probation naturally expires, typically available after completing at least half your probation term and meeting all conditions.
• Certificate of Rehabilitation – A court order declaring you have been rehabilitated, required as the first step toward obtaining a Governor’s Pardon, and also useful for professional licensing and demonstrating rehabilitation to employers or landlords.
• Governor’s Pardon – The highest form of clemency in California, providing forgiveness for a conviction and restoring civil rights, though it doesn’t erase the conviction, available only after obtaining a Certificate of Rehabilitation (or waiting specified time periods for certain offenses).

Proposition 47 & Proposition 64 Relief

• Proposition 47 Reduction (PC 1170.18) – Reducing eligible felony convictions for theft and drug offenses to misdemeanors if the original charge would have been a misdemeanor under Prop 47 (passed in 2014), with no deadline to apply and available even for old convictions.
• Proposition 47 Redesignation and Dismissal – After reducing a felony to a misdemeanor under Prop 47, immediately pursuing PC 1203.4 expungement to dismiss the misdemeanor conviction entirely, providing maximum record relief.
• Proposition 64 Marijuana Relief (HS 11361.5 & 11361.9) – Reducing or dismissing marijuana convictions that are no longer crimes under California’s adult-use marijuana laws (passed in 2016), available for possession, cultivation, and some sales offenses.
• Marijuana Conviction Dismissal – Having old marijuana convictions completely dismissed and sealed under Prop 64, removing them from your record as if they never occurred, for offenses that are now entirely legal.

Record Sealing & Destruction

• Arrest Record Sealing (PC 851.87 & 851.91) – Sealing and destroying records of arrests that did not result in conviction, including cases that were dismissed, acquitted, or never filed, preventing the arrest from appearing on background checks.
• Juvenile Record Sealing (WIC 781) – Sealing juvenile court records once you turn 18 and meet eligibility requirements, making those records confidential and allowing you to legally state you were never arrested or convicted as a juvenile.
• Factual Innocence (PC 851.8) – The strongest form of record relief, declaring you factually innocent and ordering all arrest and court records destroyed, available when no reasonable cause existed for the arrest or charges, though very difficult to obtain.
• DEJ/Diversion Record Sealing – Sealing records of cases dismissed after successful completion of deferred entry of judgment (PC 1000), Prop 36, drug court, or other diversion programs, limiting who can access information about the arrest and charges.

Additional Record Relief Options

• Felony Reduction to Misdemeanor (PC 17(b)) – Reducing “wobbler” felonies to misdemeanors for convictions that could have been charged either way, making you eligible for expungement and reducing the stigma and consequences of a felony conviction.
• Withdrawal of Guilty Plea – Setting aside a guilty or no contest plea if it was obtained in violation of your rights or without proper immigration advisals, potentially allowing you to fight the case or negotiate a better outcome.
• Motion to Vacate Conviction (PC 1473.7) – Vacating convictions for those who didn’t receive proper advisals about immigration consequences, or for those who can prove actual innocence, available even after completing the sentence.
• Record Correction & Amendment – Correcting errors in criminal records such as wrong charges listed, incorrect dispositions, or cases that should have been sealed but weren’t, ensuring your official record accurately reflects your actual criminal history.

This list represents the most common record clearing services we provide, but we handle all forms of post-conviction relief and record remedies. If you’re facing a situation not listed here, or you’re unsure what relief you qualify for, we can help. Record relief law can be confusing, and understanding your options is the first step toward clearing your record.

Call us at (805) 621-7181 to discuss your specific situation and what relief options are available.

Benefits of Expungement & Record Clearing

Clearing your criminal record can provide:

• Employment opportunities – Ability to legally state you have not been convicted (with some exceptions), passing background checks without criminal convictions appearing, increased competitiveness for jobs in competitive fields, and removal of barriers to employment in positions requiring clean records
• Professional licensing – Improved chances of obtaining or maintaining licenses for nursing, teaching, real estate, contracting, security, childcare, and many other professions where criminal convictions create obstacles or require disclosure
• Housing access – Better prospects when applying for rentals, apartments, or housing where landlords routinely deny applicants with criminal records, and improved ability to qualify for public or subsidized housing programs
• Educational opportunities – Access to financial aid, scholarships, and educational programs that consider criminal history, and improved admission prospects for colleges, universities, and vocational programs
• Immigration benefits – While expungement doesn’t eliminate immigration consequences for deportable offenses, it can help in some discretionary immigration matters and demonstrates rehabilitation
• Firearm rights restoration – For certain convictions, expungement can restore the right to own and possess firearms under California law (though federal restrictions may still apply)
• Peace of mind – The psychological benefit of moving forward without carrying the burden and stigma of a criminal conviction, and the ability to answer “no” when asked about criminal convictions in most situations
• Custody and family law benefits – Improved standing in child custody proceedings where criminal history is considered, and better outcomes in family law matters where criminal convictions affect judicial discretion
• Business and entrepreneurship – Ability to obtain business licenses, professional bonding, and certifications that require background checks, and improved access to loans and business opportunities
• Reduced collateral consequences – Elimination of many automatic consequences and restrictions that attach to criminal convictions under California law, depending on the type of conviction and relief obtained

Eligibility for Expungement & Record Relief

PC 1203.4 Expungement Eligibility

You may be eligible for expungement under PC 1203.4 if:

• You were convicted of a misdemeanor or felony in California
• You completed probation (or obtained early termination)
• You are not currently on probation for any offense
• You are not currently charged with any criminal offense
• You did not serve time in California state prison (some exceptions apply)
• You have paid all restitution, fines, and fees (or made arrangements)

Important: You can still get expungement even if you violated probation, served jail time, or had probation revoked, though the judge has more discretion to deny relief in those circumstances.

Proposition 47 Eligibility

You may be eligible for Prop 47 reduction if:

• You were convicted of eligible theft or drug offenses (specific list under PC 1170.18)
• The offense would now be a misdemeanor under current law
• You are not required to register as a sex offender (PC 290)
• You do not have prior convictions for serious or violent felonies (with exceptions)

No time limit applies – you can apply for Prop 47 relief even for convictions decades old.

Proposition 64 Marijuana Relief Eligibility

You may be eligible for Prop 64 relief if:

• You were convicted of marijuana possession, cultivation, or certain sales offenses
• The offense would not be a crime (or would be a lesser crime) under current marijuana laws
• The conduct involved is now legal for adults 21 and over

Automatic relief: California courts are required to automatically review and reduce/dismiss eligible marijuana convictions, but you can petition for faster processing.

Why You Need an Attorney for Expungement

Eligibility Isn’t Always Clear

Determining what relief you qualify for requires understanding complex eligibility rules, analyzing your complete criminal history, and identifying the best relief options for your situation. Some convictions are eligible for multiple forms of relief—for example, an old felony drug conviction might qualify for Prop 47 reduction, then PC 1203.4 expungement, providing layered relief. Other convictions have tricky eligibility issues like prior prison terms, probation violations, or pending cases that affect what’s available. We evaluate your complete record and identify every form of relief you qualify for, maximizing the benefits you can obtain.

Courts Don’t Automatically Grant Relief

Judges have discretion in expungement cases and consider factors like your overall criminal history, compliance with probation, rehabilitation efforts, reasons you’re seeking relief, and any opposition from prosecutors. We prepare comprehensive petitions that present your case persuasively, gather supporting documentation including employment letters and character references, address any negative factors in your history proactively, and appear in court to argue for relief if necessary. Having an attorney who knows the local judges and what they look for significantly improves your chances of success.

Mistakes Can Delay or Prevent Relief

Record relief petitions must be filed correctly with proper legal grounds, accurate case information, and appropriate supporting documents. Errors in petitions can result in denial, delays, or having to start over. Missing deadlines, filing in the wrong court, or requesting the wrong form of relief wastes time and can permanently prevent relief in some cases. We ensure everything is filed correctly the first time, avoid procedural errors that could jeopardize relief, and handle all court appearances so you don’t need to take time off work or navigate the court system.

Experience Matters

We’ve helped hundreds of Central Coast residents clear their records in San Luis Obispo, Santa Maria, and Lompoc courts. We know which judges routinely grant expungements and which require more persuasive arguments. We know which prosecutors oppose relief and how to address their concerns. We understand local court procedures, filing requirements, and processing times. That local experience means we can set realistic expectations, avoid common pitfalls, and get your relief processed as quickly as possible.

How Central Coast Criminal Defense Can Help

Helping clients in San Luis Obispo, Santa Maria, and Lompoc clear their criminal records since 2010, we provide:

• Comprehensive Record Review – We obtain your complete California criminal history (RAP sheet), analyze every conviction for eligibility for all forms of relief including expungement, Prop 47, Prop 64, and record sealing, and identify the best combination of remedies to provide maximum benefit for your specific situation.
• Strategic Relief Planning – We develop a customized plan for clearing your record, determine the optimal sequence for pursuing relief (such as Prop 47 reduction followed by expungement), and advise on how different forms of relief will benefit you specifically based on your employment, licensing, or other goals.
• Complete Petition Preparation – We prepare all legal petitions and supporting documentation, gather character references and supporting materials when beneficial, and ensure all paperwork is accurate, complete, and filed in the correct court with proper legal grounds.
• Court Representation – We appear at all court hearings on your behalf so you don’t need to take time off work, argue for relief and address any prosecutor opposition, and handle any additional requirements or conditions the judge may impose.
• Personal Guidance – You work directly with attorneys who understand record relief law and local court procedures, and we’re available to answer questions about eligibility, benefits, timelines, and what to expect throughout the process.

We understand that people seeking expungement are often at turning points in their lives—applying for dream jobs, pursuing professional licenses, seeking better housing, or simply wanting to move forward without the weight of old convictions. We’ve helped single parents clear records to improve custody situations, professionals obtain licenses after past mistakes, people pass employment background checks, and individuals regain the ability to own firearms for work or personal protection.

Our approach focuses on understanding what you’re trying to accomplish and tailoring our strategy accordingly. Some clients need immediate relief for pending job offers. Others want comprehensive relief across multiple convictions. Some need to move quickly, while others can take time to build the strongest case. We work within your timeline and priorities to achieve the relief that matters most to you.

Your past doesn’t have to define your future. California law provides multiple paths to record relief for people who have completed their sentences and remained law-abiding. We’ve helped hundreds of people clear records, obtain professional licenses, secure employment, and move forward with their lives. Whether you have one old conviction or multiple cases spanning years, whether you’re seeking PC 1203.4 expungement or Prop 47 reduction or complete record sealing, we’re here to guide you through the process and get you the relief you deserve.

Take the First Step Today

Clearing your record starts with understanding what relief you qualify for and how it will benefit your specific situation. The process takes time, but the benefits last a lifetime.

Call Central Coast Criminal Defense at (805) 621-7181 for a free consultation. We’ll review your criminal history, explain what forms of relief you’re eligible for, discuss the benefits you can expect, and outline the process and timeline for clearing your record.

You’ve served your time. Now it’s time to move forward.