reply to post by TheCrimsonGhost
Obtain a copy of your criminal record. Your criminal record has information, such as your case information and case number, that you will need for
Ask for a copy of your criminal record from the criminal defense attorney that assisted you, the superior court in the county in which you were
charged, or the Department of Justice.
2Determine if your criminal conviction qualifies for an expungement. The offenses you can't get expunged in California include sex offenses, some
alcohol related offenses and some felonies.
Evaluate the type of offense you committed. If you were convicted of a misdemeanor and were never given probation or have completed your probation,
you can petition the court for an expungement.Petition the court for expungement of your misdemeanor conviction if you are still on probation only
after making a request to terminate your probation early. California requires that you complete your probation or not be on probation prior to making
any request for an expungement.Complete the paperwork for an expungement if you had a felony conviction that didn't require probation. You also can
request an expungement if your matter was a felony, you've completed the probation, and you weren't sentenced to state prison.Ask the court to
terminate your felony probation prior to filing for an expungement. If you have a felony conviction and are still on probation, the court might
terminate the probation early.Pay all of your fines, fees and restitution prior to requesting an expungement. The court will not consider your request
for a dismissal unless all fines and fees are paid.Consider your current criminal situation. If you are on probation for any other criminal offense or
if you have been accused of committing a crime within the last year, you will not be eligible for a dismissal.
3Reduce your felony conviction to a misdemeanor conviction. The judge will consider reducing the felony conviction after you file the proper motion in
File a 17(b) motion with the court requesting the reduction from a felony to a misdemeanor conviction. A 17(b) motion refers to the California Code of
Criminal Procedure.Wait to file the expungement paperwork until the court grants you the felony conviction reduction. If the judge fails to grant the
reduction, you can't file for an expungement.4Complete and file the forms necessary for the expungement. In California the forms are called PC 1203.4
forms. Penal Code 1203.
4 allows for the dismissal of a conviction in California.
Mail or file the completed petition with the court in which the offense occurred. Attached any documentation you want to show to the court. The
documents can include proof of program or rehabilitation completion, character reference letters, and community service completion paperwork.Attach a
proof of service to the PC 1203.4 petition if you are mailing the completed forms to the court. If you are filing the forms in person, the proof of
service isn't necessary. A proof of service is a 2-page legal document that you can get from the court.
5Attend the court hearing. Appear appropriately dressed and on time. Be respectful and speak to the judge in a polite manner.
6Wait for the decision of the court. The judge's decision will be mailed to you. If the expungement is denied, call the court clerk to determine if
the denial was due to something that can be fixed. If so, correct the problem and resubmit the paperwork using the same process.