Misdemeanor 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 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A simple way to determine if you qualify to have your conviction withdrawn and dismissed is to review the requirement checklist of California Penal Code section 1203.4 (California Expungement law):
If you were not sentenced to probation, and more than one (1) year has elapsed since the date of sentencing, you may be eligible for dismissal if:
- Have you completed your probation and been discharged?
- You have fully complied with and performed the sentence of the court.
- You are not now serving a sentence for any offense.
- You are not now charged with committing any offense.
If you answered YES to these questions, you may be eligible to seek Expungement relief.
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:
- 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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