Expungement (Penal Code 1203.3/1203.4/17b)

If you have a conviction on your record for a crime in which you did not serve time in state prison, you can do something about it so it does not prevent you from moving on with your life, obtaining certain jobs, and getting approved on lease application, among other things.

Under Penal Code 1203.3 and 1203.4 and 17(b), if you have completed the terms of probation, and do not have any new or open cases, you may apply for an expungement which would withdraw the guilty plea that you had originally entered on your case, and the court would enter a dismissal pursuant to Penal Code Section 1203.4. This applies to misdemeanor cases as well as felony cases. For felony cases, a skilled attorney would first file a motion (17(b)) with the court to reduce the felony conviction to a misdemeanor, then file another motion (Penal Code Section 1203.4) to dismiss the case.

If an individual is currently on probation, but has completed all the terms relating to any court ordered classes, programs, fines, fees, etc., then under Penal Code Section 1203.3, they can file a motion for early termination of probation if they can show there is good cause for the court to grant such a motion, then simultaneously file another motion under Penal Code Section 1203.4 to dismiss the conviction.

If you have a conviction on your record that you would like to get expunged, contact Orange County Criminal Defense Attorney Ali Komaili for a free consultation.