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Eligibility For Expungement Under Penal Code 1203.4

May 11, 2016 | Criminal Law


Can’t get a job because you have a criminal record? There is help. Use KAASS LAW legal tips to get your life back! In order to clear your record, you need to get your conviction expunged. What does that mean you might ask? Well, read carefully!

What is Penal Code § 1203.4?

If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction.

Such convictions are either a misdemeanor or certain types of felonies. You will be able to withdraw your plea of “guilty”, enter a plea of “not guilty”, and close the case without a conviction. However, this does not mean that your case entirely gets removed from your record. The arrest and charges will still exist and you must disclose the conviction in any direct question contained in any application for public office, for censure by state or local agency or for a contract with the California State Lottery.

You May Be Eligible 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.

Are There Form(s) I Need to File to Expunge My Criminal Record?

Yes, the California Judicial Council Form CR-180 is the form to file a petition for dismissal pursuant to California Penal Code § 1203.4. as well as § 1203.4a.  Filing a petition for dismissal can be relatively easy, however, it can be a bit confusing. There are a number of forms that you must fill out and properly file them with the appropriate court. If you need help expunging your criminal record get help from a Los Angeles criminal defense attorney or call our office at 310-933-5171 and schedule a free consultation.

You May Be Eligible Under Penal Code § 1203.4a if:

  • You were convicted of a Misdemeanor.
  • One year has passed since the date the judgment was entered against you.
  • You were sentenced and probation was not granted.
  • You have completed your sentence and complied with any terms of the sentence.
  • You are not on probation for any other offense.
  • You are not currently charged with any other offense.

However, if you served state prison time and or parole or are a parolee, you are ineligible for an expungement. But, you may still be eligible to apply for a Pardon. Further, there are certain Misdemeanor/Felony violations that are prohibited from being expunged. If you are unsure if you qualify, you may seek the advice of an experienced Los Angeles Criminal Defense Attorney. We hope this information was helpful. Stay SAFE! Glendale Criminal Defense Lawyer

Our Criminal Attorneys Nave a 99% Success Rate in Removing First-Time Misdemeanor Offenses!