Strongest Defense serves clients from the Oregon border all the way down to San Diego. No matter which county your case originated in, our team has the local court knowledge and procedural experience to handle your petition effectively, without you having to navigate an unfamiliar legal system alone.
From pulling your official criminal history records to drafting the petition, filing in the correct county, notifying the District Attorney's office, and even appearing in court on your behalf, Strongest Defense manages every step of the process. In most cases, you may never need to set foot in a courtroom.
Sometimes the prosecution will oppose a petition. When that happens, our team provides the legal arguments and evidence of your rehabilitation to show the judge why you deserve this relief — so you are never left facing an objection alone.
People who handle petitions on their own risk technical errors that can lead to a denial — and a denied petition is much harder to fix later. Our team drafts every petition with precision, ensuring that every detail, from the case number to the specific penal code, is correct before anything is filed.
The process typically takes between three and four months, depending on the specific county court's backlog. While that may feel like a long wait, the result is a permanent change to your record that serves you for the rest of your life.
Start with a free consultation where we review your criminal history, determine which convictions qualify for expungement, and lay out the clearest path to clearing your record.
We pull your RAP sheet and court records, verify every detail for accuracy, and identify all cases eligible for dismissal — including any that may qualify for felony reduction beforehand.
We prepare your expungement petition, draft any supporting motions, and file everything with the correct court — making sure all paperwork is complete and all statutory deadlines are met.
Once filed, the DA is notified and given time to review your petition. If the prosecution raises any objections, we respond with a strong written argument backed by your rehabilitation history.
We represent you at your hearing and present your case directly to the judge — highlighting your compliance with probation, your personal growth, and why dismissal serves the interests of justice.
Once the court grants your petition, your conviction is officially dismissed. We confirm your records are updated and walk you through how to handle background checks, job applications, and licensing going forward.
We carved a niche for handling complex criminal defense cases — across every category.
Despite what the name suggests, a California “expungement” does not completely erase or destroy your criminal record. The correct legal term is a dismissal under Penal Code 1203.4. When the court grants your petition, it reopens your case, allows you to withdraw your guilty or no-contest plea (or sets aside a guilty verdict), enters a not-guilty plea on your behalf, and then dismisses the case.
After the dismissal, your record will still show the original arrest and charge, but it will be updated to reflect that the conviction was “dismissed pursuant to PC 1203.4.” This is a powerful legal tool — it releases you from most penalties and disabilities resulting from the conviction and signals to employers and licensing boards that you’ve taken meaningful steps to move past the offense.
It’s also worth noting that under California’s Clean Slate Act (SB 731), which became fully operative on October 1, 2024, many eligible records are now automatically sealed by the Department of Justice without any action on your part. Sealed records are not accessible to employers or landlords conducting background checks. An experienced attorney can help you determine whether your case qualifies for automatic sealing or whether you should petition the court for a formal dismissal.
Eligibility under PC 1203.4 depends on the specifics of your case. Generally, you may qualify if:
You completed probation — meaning you fulfilled all of its terms, including paying fines and restitution, completing any counseling or community service, attending all required court appearances, and committing no new offenses during probation. Early termination of probation also satisfies this requirement.
You are not currently serving a sentence, on probation for another offense, or facing pending criminal charges.
You did not serve time in state prison — unless your offense would now be punishable by county jail under California’s Realignment legislation (Proposition 47). In that case, you may petition for relief under Penal Code 1203.42 after at least two years have passed since you completed your sentence.
If you were never placed on probation, you can still petition for expungement, but you must wait at least one year from the date of conviction.
Even if you violated probation, you may still be eligible. The judge has discretion to grant a dismissal if it serves the interests of justice, considering factors like the seriousness of the violation, your overall criminal record, and evidence of rehabilitation. A qualified attorney can evaluate your situation and advise you on the strongest path forward.
Not every conviction qualifies. California law excludes certain serious offenses from relief under PC 1203.4, including:
Serious and violent felonies — offenses such as murder, kidnapping, carjacking, and certain assault crimes listed under Penal Code sections 1192.7 and 667.5.
Sex offenses requiring registration — if your conviction requires you to register as a sex offender under PC 290, it is generally not eligible for expungement.
Certain offenses involving minors — for example, unlawful sexual intercourse with a minor where the defendant is over 21, or lewd acts with a child under 14.
Convictions where you served time in state prison — unless the offense would now result in a county jail sentence under current sentencing laws post-Realignment.
If your conviction falls into one of these categories, other forms of post-conviction relief may still be available to you, such as a Certificate of Rehabilitation or a Governor’s Pardon. An attorney can review your record and identify every option that applies.
This is the number one reason most people seek expungement, and the benefits are substantial. Once your conviction is dismissed under PC 1203.4, California law (Labor Code 432.7) prohibits most private employers from asking about or considering the dismissed conviction when making hiring decisions. You can legally and truthfully answer “no” on job applications that ask whether you have been convicted of a crime.
However, there are important exceptions. You are still required to disclose the conviction — along with the fact that it was dismissed — if you are applying for a position in law enforcement, running for public office, seeking a government-issued license, certificate, or permit, applying for a job that requires a security clearance, or contracting with the California State Lottery Commission.
Even for government-licensed professions, having an expungement is a significant advantage. Licensing boards for fields like real estate, nursing, teaching, law, and contracting will see that you completed probation and took the initiative to clear your record, which weighs favorably in their review. California is also a “ban the box” state, meaning most employers cannot ask about your criminal history until after making a conditional offer of employment.
The typical expungement process in California takes approximately one to four months from filing to final court hearing, depending on the court’s calendar, the complexity of your case, and whether the offense was a misdemeanor or felony.
The general steps are as follows: First, an attorney reviews your criminal record to confirm eligibility and identify the correct court and case number. Next, the appropriate petition (typically a CR-180 form) is prepared and filed with the court where you were originally convicted. The prosecuting attorney must be given at least 15 days’ notice of the petition. A hearing date is then scheduled, usually one to four months out.
For misdemeanors, many courts grant the petition without a contested hearing, particularly if you completed probation without violations. For felonies, expect the district attorney to scrutinize the petition more closely, and a formal hearing with oral arguments is more common. If a felony reduction is appropriate (under PC 17(b)), your attorney may file a motion to reduce the charge to a misdemeanor before or alongside the expungement petition.
Mistakes in paperwork — wrong case numbers, missing forms, or improperly written motions — can result in delays or denial. Working with an experienced attorney streamlines the process and significantly reduces the risk of errors.
California’s Clean Slate Act (originally AB 1076, expanded by SB 731) created an automatic record relief process that is now fully operational as of October 1, 2024. Under this law, the California Department of Justice reviews criminal history records on a monthly basis and automatically seals qualifying records without any petition, hearing, or fee from you.
The general timelines for automatic relief are: misdemeanor convictions are sealed after the case closes or one year after completing any jail sentence, provided you have no new convictions. Non-serious, non-violent felony convictions are sealed four years after completing your sentence (including probation, parole, or mandatory supervision), as long as you remain conviction-free. Arrest records that did not lead to a conviction are sealed after one to three years, depending on whether the charge was a misdemeanor or felony. Cases that are dismissed or result in acquittal are sealed immediately.
However, serious felonies, violent felonies, and sex offenses requiring registration are excluded from automatic sealing. Law enforcement, courts, and certain licensing agencies still retain access to sealed records.
If your record should have been automatically sealed but still appears on background checks, you may need to contact the Department of Justice or petition the court directly. An attorney can check the status of your record and take action if the automatic process has not yet caught up to your case.
This is a common misconception. An expungement under PC 1203.4 does not restore firearms rights in most cases. If your conviction resulted in a firearms restriction — which applies to all felony convictions and certain misdemeanor convictions involving domestic violence or other specified offenses — the dismissal alone will not give you back the right to own or possess a gun.
However, there may be a path forward depending on your situation. If your felony conviction is eligible to be reduced to a misdemeanor under Penal Code 17(b) — meaning the offense was a “wobbler” (chargeable as either a felony or misdemeanor) — then the reduction itself may restore your firearms rights, provided the misdemeanor version of the offense does not independently carry a gun restriction. Certain misdemeanor domestic violence convictions carry a 10-year firearms ban under both California and federal law, and expungement does not override either restriction.
For individuals convicted of felonies that cannot be reduced, the only reliable way to fully restore firearms rights is through a Governor’s Pardon. An attorney can assess your specific conviction and advise whether a reduction, expungement, or pardon is the appropriate route.
While California law does allow you to file an expungement petition without an attorney, doing so significantly increases the risk of delays, errors, and denial. The process involves obtaining and reviewing your complete criminal history (which may contain inaccuracies), selecting the correct petition forms for your specific offense and court, drafting a persuasive legal motion (particularly for felonies or cases with probation violations), ensuring proper service on the district attorney within statutory deadlines, and appearing in court to argue your case if the prosecution objects.
Each of these steps has technical requirements that vary from court to court and case to case. A missing document, an incorrect case number, or a poorly written motion can result in your petition being rejected outright or continued indefinitely.
Beyond avoiding mistakes, an experienced expungement attorney brings strategic value. We know how local judges and prosecutors in California courts handle these petitions. We can identify whether your case benefits from a felony reduction before expungement, whether early termination of probation should be pursued first, or whether the Clean Slate Act has already provided the relief you need. Our goal is to maximize the impact of the relief you receive — whether that means better employment prospects, professional licensing, or simply the peace of mind that comes with a clean record.
The official resource from the California judicial branch. This guide outlines your options for clearing your criminal record and the forms involved. It's a helpful starting point, though the process itself can be complex — if you need guidance tailored to your specific case, our team is here to help.
This is the actual statute that governs expungement (dismissal) in California. Reading the law firsthand gives you a sense of the eligibility requirements and limitations. Understanding what the code says is one thing — knowing how courts in your county actually apply it is another, and that's where experienced legal counsel makes the difference.
Before pursuing expungement, it's important to know exactly what's on your record. The California DOJ allows individuals to request a copy of their own RAP sheet (Record of Arrests and Prosecutions) through a Live Scan fingerprint submission. Reviewing your record is a smart first step — and if you'd like help interpreting what's on it and identifying which convictions qualify for relief, that's exactly what our free consultation is for.