Clean Up Your Criminal Record

Updated for 2019

If old criminal convictions are haunting you and making it difficult to find a job (or a better job), you may be eligible for an expungement, or a reduction of the charge from a felony to a misdemeanor. You might even be entitled to have your entire arrest record sealed from the public.

Dismiss Old Convictions

California law provides a few procedures to have old cases dismissed after a period of time.  Once your case is dismissed, you can honestly say that you have no criminal convictions in your background.

An expungement does not erase or seal your criminal record, it simply changes the record so that the case shows up as a "dismissal" rather than a "conviction" for most purposes.  Employers may not legally discriminate against job applicants whose cases have been dismissed (in most cases).

There are lots of criteria that you must meet before the court will grant an expungement.  To start, you cannot have any other open cases and you cannot be currently on probation.

• If you were granted probation and you successfully completed the entire term, you are immediately eligible to apply for a dismissal.  
• If you completed probation but you also had some "hiccups" -- maybe you missed some deadlines and you had to go back to court for reinstatement -- then the judge has discretion to decide whether or not an expungement "serves the interests of justice".
• If you served a "county prison" sentence with mandatory supervision, you must wait one year from the date of your release.  If you served a felony county sentence without  mandatory supervision, then you must wait 2 years. 
• Even if you were sentenced to state prison, you may now be eligible for an expungement if you would have received county time under today's laws.  

Since the passage of Prop. 64, many old marijuana convictions are also eligible for dismissal now.  If you were previously convicted for some marijuana-related offense that is now legal (cultivation or possession for personal use), call us to discuss your options.

Expungements under PC 1203.4 do not restore gun rights.  

Terminate Probation Early

If you are currently on probation, you may apply to terminate your probation early.  Section 1203.3 of the Penal Code gives judges in California the authority to release you from probation at any time. Judges are looking for "good cause" to do so.  "Good cause" usually means some compelling argument that the deal you previously accepted is no longer fair, or some showing that the "interests of justice" would be served by granting you leniency.  Once a judge agrees to cut your probation short, then you may immediately become eligible to apply for an expungement.

Judges are usually reluctant to release defendants from probation early, so it helps to have a qualified, local attorney help prepare your 1203.3 petition.  A qualified, local attorney (like myself) understands how to present your argument so that the court is more likely to grant your request.  

Clear Old Warrants

If your performance on probation has been less than excellent, or if you have outstanding warrants, call us to discuss your options.  Unfortunately, old warrants will never simply go away on their own.  They will continue to plague you until you take some steps to resolve the issues.  The longer you wait to address your warrant, the less sympathy you're likely to receive from a judge.  The statute of limitations does not apply to active warrants.

There may still hope, though, to recall your old warrant and to get you back onto your feet without necessarily going to jail.  Stop procrastinating and looking over your shoulder -- clear up your old warrants so that you can get on with your life.

In most misdemeanor cases, a private attorney can appear in court without you being personally present.  If you're outside of the state, we may be able to help recall a California arrest warrant and fight your criminal case without turning yourself in.  

Reduce a Felony to a Misdemeanor

California law also provides a few different procedures for reducing old felony convictions to misdemeanors.  Under PC 17(b), a judge can retroactively reduce some "wobblers" (like domestic violence or possessing a dangerous weapon) in the interests of justice.  A "wobbler" is a crime that can be charged as either a misdemeanor or a felony at the discretion of the prosecutor.  If you were convicted of a wobbler as a felony, section 17(b) of the Penal Code could provide an opportunity to get that felony off your record.  17(b) reductions can even restore gun rights.  If you have an old wobbler on your record, call us to see whether or not you might qualify to reduce that charge to a misdemeanor.

Prop. 47 provides another opportunity for individuals to reduce some felony convictions to misdemeanors.  Since voters approved that measure, many crimes that were formally classified as felonies or wobblers have now been reclassified as ordinary misdemeanors. If you have old felony convictions for theft, drug possession, fraud, forgery, receiving stolen property, commercial burglary or writing bad checks, you might qualify for a reduction under Prop. 47.

And since Prop. 64 reduced some marijuana-related felonies to misdemeanors, applicants may be eligible to have old marijuana felonies (cultivation, possession for sale, transportation, etc.) reclassified.  Reductions under Prop. 64 may also restore gun rights. 

Seal Arrest Records

Since January 1, 2018, Californians can even apply to have their old arrest records sealed.  The procedures described above can change your record of criminal convictions so that cases show up as misdemeanors rather than felonies, or so that those cases appear as "dismissals" rather than "convictions".  PC 851.91 now goes one step further -- eligible applicants can hide the fact that they were ever even arrested.

Victims of Human Trafficking 

If you have been convicted of prostitution under PC 647(b) and you can prove that you were the victim of human trafficking at the time that you committed the offense, you may also be eligible to have your conviction dismissed.  The judge can make a factual finding on the record that you were a victim of human trafficking and the court will notify the Department of Justice.  

If you or a loved one has questions about clearing old California warrants, cleaning up your criminal record, reducing old felonies to misdemeanors, or sealing your arrest record, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.

We have extensive experience helping our clients get back onto their feet in Orange County, Los Angeles, Riverside and San Bernardino.

Thanks for reading.

Orange County Expungement Lawyer