An “expungement” under Penal Code §1203.4 allows an individual to withdraw a guilty plea, enter of plea of not guilty, and have the case dismissed. An expungement releases the individual from “all penalties and disabilities” of the conviction.

Generally, an adult who was granted probation, did not serve time in state prison, completed all the terms of probation, and is no longer on probation for any offense, is eligible for relief. There are some crimes that cannot be expunged, such as sex crimes against children.

It is important to note that there are several limitations to relief under Penal Code §1203.4. For instance, the conviction will still appear on your criminal record; however, it will show that it has been “dismissed per PC 1203.4.” Relief will not reinstate gun rights, remove sex offender registry requirements, or prevent immigration consequences. An expungement also won’t overturn a driver’s license suspension or revocation. In addition, the conviction can still be used to deny a state license and it can be used as a “prior” to enhance future sentences.

Dallis Cavallaro with Cavallaro Criminal Law, P.C. can help you determine whether you qualify for an expungement. If you have questions about the expungement process, contact us for a free consultation.