California Penal Code § 1203.4 allows many people with criminal records to petition for dismissal (commonly called “expungement”). But not everyone qualifies. Here’s how to determine your eligibility.
The Basic Requirements
You may be eligible for expungement if:
- ✅ You were convicted of a misdemeanor or felony in California state court
- ✅ You completed probation (or it’s been at least the length of probation time since sentencing)
- ✅ You are not currently charged with a crime, on probation, or serving a sentence
- ✅ You did not serve time in state prison for your offense (county jail time is okay)
Quick Eligibility Checklist
| Question | Required Answer |
| Was your conviction in a California state court? | Yes |
| Did you complete probation? | Yes (or probation term has elapsed) |
| Are you currently on probation or serving a sentence? | No |
| Are you currently charged with another crime? | No |
| Did you serve time in state prison? | No* |
| Was your conviction for a sex offense requiring registration? | No |
*If you served time in state prison, you may still qualify under Prop 47 or Prop 64 for certain offenses.
What Crimes Can Be Expunged?
Eligible Offenses
- Misdemeanor convictions (most types)
- Felony convictions that can be reduced to misdemeanors (“wobblers”)
- Many drug possession offenses
- Theft crimes (depending on circumstances)
- DUI convictions (misdemeanor)
- Assault/battery (misdemeanor)
- Fraud and forgery
- Vandalism
- Trespassing
- Disturbing the peace
Not Eligible for Standard Expungement
- Sex offenses requiring registration (PC 290)
- Certain serious felonies committed against children
- Cases where you served time in state prison (separate process may apply)
What If You Violated Probation?
Having a probation violation doesn’t automatically disqualify you, but it adds a step. The court has discretion to grant expungement even with violations. Factors the judge considers: – The nature and seriousness of the violation – Your overall compliance with probation – Time since the violation – Your conduct since completing probation – Whether you’ve committed any new offenses
What If You Didn’t Complete Probation?
If you’re still on probation, you may petition for early termination of probation first (PC 1203.3), then petition for expungement. This adds time but is commonly granted when: – You’ve completed most of your probation – You’ve fulfilled all conditions (fines, classes, community service) – You have no violations – You’ve demonstrated rehabilitation
How Superior Court Docs Can Help
Not sure if you qualify? Superior Court Docs can review your situation and prepare your complete expungement petition if you’re eligible.
Expungement starting at $499. 📞 (213) 973-7248 or get started.
Related: Complete Expungement Guide | Expungement Cost | Expungement Process
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