1. Case Types Eligible for Expungement (Dismissal)
Expungement is for cases that resulted in a conviction. It changes your record to show the case was “dismissed” in the interests of justice.
- Infractions: Non-traffic infractions like disturbing the peace or petty theft.
- Misdemeanors: Most misdemeanors, including DUIs, drug possession, and shoplifting.
- Felonies with Probation: Felonies where you were granted probation and successfully completed it.
- “Wobblers”: Felonies that could have been charged as misdemeanors can often be reduced to a misdemeanor and then expunged.
- Prison Sentences: Under SB 731, many felony convictions that resulted in a state prison sentence are now eligible for dismissal once you have been out of custody for two years without a new arrest.
2. Case Types Eligible for Sealing
Sealing is generally for cases that did not result in a conviction, or for specific marijuana-related offenses.
- Arrests with No Charges: If you were arrested but the DA never filed a case against you.
- Dismissed Charges: If a case was filed but later dismissed by the judge or prosecutor.
- Acquittals: If you went to trial and were found “Not Guilty.”
- Diversion Programs: If you successfully completed a pre-trial diversion or “Deferred Entry of Judgment” (DEJ) program.
- Marijuana Convictions: Under Prop 64, many past marijuana convictions (like possession or cultivation) can be fully sealed and destroyed.
Key Benefit: Once a record is expunged or sealed, most private employers are prohibited by law from asking about it or using it against you during the hiring process.
Statute Sentence type Where served Probation? Relief type and eligibility under Code sections below:
1203.4 Probation and or Jail
1203.4a No probation misdemeanor Jail/fine only
1203.41 Prison sentence State prison
1203.42 Realignment felony County jail (1170(h)) would have been prison but was county jail instead after 2011.
PEOPLE WHO ARE NOT ELIGIBLE FOR CALIFORNIA EXPUNGEMENT
A person is not eligible yet if they are:
- 🚫 Still on probation
- 🚫 Still in jail or prison
- 🚫 On mandatory supervision
- 🚫 On parole or PRCS (for 1203.41/42 cases)
- 🚫 Owe required restitution or fines
👉 Completion of the sentence is the #1 threshold.
Courts usually deny relief if:
- 🚫 New charges are pending
- 🚫 They are on probation in another case
- 🚫 They have an unresolved violation
This is not always a statutory bar, but in practice courts almost always deny.
California law excludes several offenses from dismissal eligibility.
Typical bars include:
- 🚫 Lewd acts with a child (PC 288)
- 🚫 Continuous sexual abuse of a child
- 🚫 Certain child pornography offenses
- 🚫 Some offenses requiring lifetime sex registration
⚠️ Not all registrable offenses are barred, but many are.
Next step
Use our free review form. We’ll respond with a straightforward plan and pricing.
Many people qualify even if they assume they don’t. Eligibility depends on the county, the case outcome, and other details.
Commonly eligible situations
Eligibility for expungement depends on factors such as the case disposition, your probation status, and the specific offense involved, and you can request a confidential review by completing the “Check If You Qualify” form. The time required for the process varies, and many people also ask whether their record will be removed from background checks or if employers can still see a conviction afterward. Assistance may also be available for arrests or cases that were dismissed, and a free case review is often offered. Expungement Pro provides attorney-led record-clearing services across California and can be reached at (858) 264-6468 or info@expungementpro.com.
May be ineligible or require extra steps
- Active cases, warrants, or current probation
- Certain serious or violent felonies
- Complex histories across multiple counties
Even here, there may be options. We’ll tell you plainly if the law doesn’t support relief.
Next step
Use our free review form. We’ll respond with a straightforward plan and pricing.
Get a Free Consultancy Right Now
Get a clear, honest assessment of what record relief may be available for your situation.
Useful Links
Office Hours
Monday – Saturday
9:00 AM – 5:00 PM
Sunday
Closed
CONTACT US
- 650.690.0525
- info@expungementpro.com
- 303 Twin Dolphin Drive, 6th Floor, Redwood City CA 94065