Felony Expungement Eligibility Checklist
HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER CALIFORNIA LAW?
You may be eligible to petition the court for a reduction and dismissal of your case if you have successfully completed your probation and satisfied all the terms and conditions of probation stated in your case (paid all restitution and fines, completed all court ordered classes, completed all community service, work release, or county jail sentence).
A simple way to determine if you qualify to have your conviction reduced, withdrawn, and dismissed is to review the requirement checklist of California Penal Code section 17(B) (California Reduction law) and California Penal Code section 1203.4 (California Expungement law):
- Is your felony conviction a wobbler? (Could have been filed as a misdemeanor or felony)
- Have you completed your probation and been discharged?
- Were you sentenced to state prison at sentencing or on a probation violation?
- Are you now serving a sentence for any offense?
- Are you now on probation for any offense?
- Are you currently charged with committing any offense?
If you answered the first two questions YES, and the following four questions NO, you may be eligible to seek Expungement relief.
If you were sentenced for a felony offense that isn't a wobbler, but you were granted probation , it can still be expunged without first being reduced to a misdemeanor.
What is a wobbler?
ARE THERE ANY VIOLATIONS THAT ARE NOT ELIGIBLE FOR CALIFORNIA EXPUNGEMENT RELIEF?
Pursuant to California Penal Code section 1203.4, defendants are ineligible to seek Californa Expungement relief for convictions of violating any of the following sections:
- VC 42001(b)
- PC 286(c)
- PC 288a(c)
- PC 288
- Pc 288.5
- PC 289(j)
- PC 261.5d (Sex Offenses)
- Any Infraction Violation
- Any matter not adjudicated (no plea entered)
- Charges dismissed upon completion of PC 1000 diversion
- The case was previously dismissed.
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