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Expungement: Penal Code 1203.4

If you completed probation, PC 1203.4 lets the court withdraw your plea or set aside the verdict, and dismiss the case. People call this an expungement.

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Who can qualify

  • You completed probation, or were discharged early, or the court decides in the interest of justice that relief should be granted.
  • You are not currently serving a sentence, on probation for another offense, or charged with a crime.
  • Some offenses are excluded, including certain sex offenses listed in PC 1203.4(b).
  • Unpaid restitution alone is not a reason to deny the petition.

What it does, and what it doesn’t

  • It releases you from most penalties and disabilities of the conviction, and it can help with many private job applications.
  • You must still disclose the conviction when applying for public office, for a state or local license, or for a California State Lottery contract.
  • The conviction can still be used as a prior if you are charged again.
  • It does not restore firearm rights, and it does not end an active criminal protective order.

The process

A petition is filed with the court that handled the case, and the prosecutor gets 15 days’ notice. I prepare and file it, and I appear for you if a hearing is set.

Talk to me before your first court date

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.

sources

  • Probation violations→
  • All charges→

General information, not legal advice. Every case is different, and past results do not guarantee a future outcome.

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Criminal defense in Los Angeles County, Orange County, and Riverside County. Direct representation from Raja Rafay Shahid. Legal Lion was founded in 2020.

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