What is an expungement?
An expungement results in the dismissal of a previous conviction. (See restrictions in Section 2, below). According to Penal Code §1203.4, an expungement is mandatory in any case in which a person was granted and successfully completed probation, without violation, or was discharged from probation early. Completing the conditions of probation specifically includes the full payment of fines and restitution. The court has discretion to grant an expungement in the interests of justice, in other probation cases, but may not grant an expungement to a person who served a sentence in prison on a felony conviction. Penal Code §1203.4a provides similar relief to a person convicted of a misdemeanor, but not granted probation.
Los Angeles County Expungement Attorneys Expungement of criminal records is a legal procedure in which someone petitions the court to (1) withdraw his/her plea of guilty, and (2) have the case dismissed. If the court grants the expungement, the person’s criminal record is updated to reflect that the conviction has been expunged. California Penal Code §1203.4 says once a criminal case is expunged, the person must be released from all “penalties and disabilities” arising out of the conviction. However, this is subject to the several limitations discussed at the “What an Expungement Does Not DO” Page. The prosecutor must be notified of the petition for expungement at least 15 days prior to the hearing. The prosecutor has the opportunity to object to the expungement being granted.
An Expungement is the removal of court and police records from public inspection. This does not include Motor Vehicle Administration records, which may have minor traffic violations, such as a speeding ticket. This process should take no more than 90 days unless there is an objection or an appeal. Each case costs $30 to process, which is submitted, to the clerk at the time of application.
Expungement is a special procedure currently available under California law. Our law firm handles these cases all over California. An expungement results in having your conviction DISMISSED. Our law firm can handle this entire process for you, from start to finish. In the end, your old plea of guilty or no contest will be withdrawn, a new plea of NOT GUILTY will be entered, and then the case is DISMISSED. A copy of the judge’s expungement order will be sent to the Department of Justice, and becomes public record.
