Most people who are convicted of a crime don’t believe they can ever come back from that conviction. However, this is not true in all cases. Some people can overcome these dark times by clearing their criminal records and starting with a clean slate by hiring a Central Valley expungement lawyer.
California Penal Code Section 1203.4 PC
If you were convicted of a crime and are on probation, you can start on the road to a clean slate by applying to the court for relief under California Penal Code Section 1203.4. The application is the first step for a pardon from the California governor.
However, even if you haven’t been granted probation for a conviction of a misdemeanor or an infraction, you can still apply for relief under California Penal Code Section 1203.4a. If you were convicted of a felony, you can still possibly reduce your felony to a misdemeanor by filing a 17(b) motion.
What Is PC § 1203.4?
If the court grants your PC § 1203.4, your conviction will be expunged or set aside. The process involves the court reopening your case and allowing you to withdraw to “guilty” plea to a “not guilty” plea and closing your case without a conviction.
It should be noted that expungement of a conviction will not remove the entire case from your records. Your arrest and the charges filed against you will still remain on your record. You will also be mandated to disclose the conviction in any direct questions that are part of an application process for public office, state or local agency censurer, or for contract with the California State Lottery.
Eligibility Under PC § 1203.4
In order to be eligible for a PC § 1203.4 filing, you must meet the following criteria:
- Convicted of a misdemeanor or certain types of felonies. you may be ineligible if you were convicted of certain types of misdemeanors or felonies.
- Granted probation.
- Fully completed the terms and conditions of your probation or discharged from the term of your probation.
- Not serving a sentence for any other conviction.
- Not on probation for any other conviction.
- Not currently charged with any other criminal offenses.
- Not delinquent with any court restitution and/or fines.
If you are currently serving or have previously served state prison time, you may be ineligible for expungement. However, you may still qualify for a pardon by the governor.
Contact an Experienced Central Valley Expungement Attorney
For more information about whether you qualify for an expungement of your criminal records or to schedule a complimentary consultation with one of our criminal expungement attorneys, please call us at (209) 323-5558, or complete our online form.