PC 1203.4 Expungement

Have you ever wished that you could leave your criminal history behind and make it a thing of the past? You may be able to!

To expunge something means to remove or erase completely. Often referred to as "cleaning your record," expunging a person of a convicted crime can have life changing effects. With a criminal history record, educational institutions, potential employers or anyone who runs a background check can let your past negatively affect your ability to be a functioning member of society.

Expunging your record can give you opportunities in the future. Under Penal Code Section 1203.4, a person who has fulfilled every condition of probation for the entire period of probation or a person the court determines should be granted relief can petition to have their case dismissed.

Penal Code Section 1203.4 allows adults who have had to struggle through their lives as a result of their criminal history to start fresh. There are certain conditions a person must be fulfill to seek expungement of their record. A person must wait at least one year after their conviction before they apply for expungement. To be granted relief under Penal Code Section 1203.4, a person must have completed all of the terms of their probation and no longer be on probation. Additionally, he or she cannot be serving a sentence or on probation for another offense. To apply for expungement a person must complete a "Petition for Relief" form and turn it in to the Superior Court.

The courts review each case for expungement based on its specific facts. This makes expungement complicated, but it could be your answer to getting the job you wish you could have. Criminal defense attorneys at Lessem, Newstat & Tooson, LLP can review your case and tell you if there is a potential for your criminal history to be expunged.