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Are You Eligible for A Misdemeanor or Felony Expungement?



Under California Penal Code Section 1203.4 PC, a process called “expungement” can allow you to have a misdemeanor conviction removed from your record in California. This process helps individuals with a record secure schooling, an apartment or a job with much more ease.

Getting an expungement is much more attainable with an experienced criminal defense lawyer on your side because before beginning the expungement process, you first have to ensure you are eligible. In California, there are five main reasons for why you may not be qualified:

  1. You did not complete your sentence and you failed to meet all of the conditions of your probation. This includes payment of all fines, restitution, and completion of in-court imposed classes or programs.
  2. You are still on probation.
  3. You are currently serving another sentence for a different offense.
  4. You have been charged with another criminal violation.
  5. It has not been a year since the court entered judgment in the case for which you are pursuing expungement.

As long as you meet all the conditions discussed above, the expungement process can be promising. Yet, there are still factors that would not allow you to attain expungement. In California, any crime for which you served time in a state prison will not be eligible for expungement. If you only served time in county jail or was on probation, your record can be expunged. However, there are still a variety of violations that will exclude you from obtaining an order expungement.

Some of the following are:

  1. PC 261.5(d)
  2. PC 286(c)
  3. PC 288
  4. PC 288(c).
  5. PC 288A(c)
  6. VHE 42002.1

After reading through and determining you are eligible, the expungement process is as follows:

  1. Reopen a criminal case
  2. Get the conviction dismissed
  3. Get the court to close the case


Any offense for which you were confined for more than a year is classified as a felony. These violations are generally more serious than misdemeanors, however, they can still be expunged from your record if you meet all the requirements discussed above and you did not spend time in state prison.  

Are You Eligible For Expungement?

This process can be daunting, as there are multiple requirements that must be met. It is in your best interest to consult with an criminal defense attorney who can help make sure you don’t waste your time and money.

Our dedicated criminal defense lawyers at Premier Federal Criminal Defenders have years of experience and a great amount of success when it comes to expungements in Los Angeles, California. If eligible and working closely with us, you can expect to gain an order of expungement in 2-3 months. Call our office to get started on the process today! 1-800-455-6200.

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