Expungements and Post-Conviction Relief

San Diego Expungement and Record Clearing Attorney

A past conviction can follow you for years — affecting job applications, professional licensing, housing, immigration status, and more. But California has some of the most expansive post-conviction relief laws in the country. Depending on the offense, your sentence, and your circumstances, you may be eligible to have your conviction dismissed, your felony reduced to a misdemeanor, your arrest record sealed, or your conviction vacated entirely.

The right pathway depends on the specific facts of your case. Whether you completed probation, served time in county jail or state prison, or were never convicted at all, there is likely a statutory mechanism designed for your situation. Angelo reviews your full criminal history and identifies every form of relief you qualify for — not just the obvious ones.

To find out what post-conviction relief may be available in your case, contact Angelo at (858) 255-1803 or request a free consultation online.

Post-Conviction Relief Options Under California Law

California provides several distinct forms of post-conviction relief, each with its own eligibility requirements and limitations. Angelo evaluates each client’s record against all available options to identify the best path forward.

Expungement of Convictions

California’s primary expungement statute, Penal Code § 1203.4, allows a person who has completed probation to petition the court to withdraw their guilty or no contest plea, enter a plea of not guilty, and have the case dismissed. Under § 1203.4a, people convicted of misdemeanors who were not granted probation may petition for the same relief one year after the date of sentencing, provided they have fully served their sentence and lived an honest and upright life since.

For felony convictions that resulted in a prison sentence, § 1203.41 extends expungement eligibility. A person who served time under a county jail commitment may petition one year after completing the sentence. A person sentenced to state prison may petition two years after completing the sentence. Importantly, recent legislation provides that an unpaid restitution order or restitution fine cannot be the basis for denying an expungement petition under any of these statutes.

It is important to understand what expungement does and does not do. A granted expungement dismisses the case and releases you from most penalties and disabilities of the conviction. However, it does not restore firearm rights, does not relieve the obligation to disclose the conviction on applications for public office or state licensing, and does not prevent the prior conviction from being used in a subsequent prosecution. Angelo ensures every client understands both the benefits and the limitations before filing.

Felony Reduction and Proposition 47 Reclassification

If you were convicted of a wobbler offense — one that can be charged as either a felony or misdemeanor — Penal Code § 17(b) allows the court to reduce the felony to a misdemeanor. This can happen at several stages: when probation is granted, during probation on motion of the defendant or probation officer, or after judgment if the original sentence was something other than state prison. A felony reduction under § 17(b) means the offense is treated as a misdemeanor for all purposes going forward, which can have significant benefits for employment, licensing, and immigration.

Separately, Proposition 47 (Penal Code § 1170.18) allows people who were convicted of certain felonies — including drug possession under H&S §§ 11350, 11357, and 11377, as well as petty theft and shoplifting offenses — to petition for resentencing or reclassification as misdemeanors. If you are currently serving a sentence for an eligible offense, you may petition for resentencing. If you have already completed your sentence, you may apply to have the conviction redesignated as a misdemeanor. A redesignated offense is considered a misdemeanor for all purposes, though it does not restore firearm rights.

See also: Drug Offenses (for current California drug possession laws)

Vacating Convictions and Sealing Arrest Records

Penal Code § 1473.7 provides a mechanism to vacate a conviction for people who are no longer in criminal custody. The most commonly used ground is that the conviction is legally invalid due to prejudicial error that damaged the person’s ability to meaningfully understand, defend against, or knowingly accept the adverse immigration consequences of the conviction. This statute is critical for non-citizens facing deportation or denial of an immigration benefit based on a prior conviction. It is also available where newly discovered evidence of actual innocence exists, or where the conviction was obtained on the basis of race, ethnicity, or national origin.

For arrests that did not result in a conviction, Penal Code § 851.91 provides a process to petition the court to seal the arrest record. If the petition is granted, the arrest is deemed not to have occurred and the petitioner is released from penalties and disabilities resulting from the arrest. Sealing is available as a matter of right in most cases, though arrests involving domestic violence, child abuse, or elder abuse where the petitioner’s record shows a pattern may require a showing that sealing serves the interests of justice.

• Expungement after probation (PC § 1203.4) — Available after completing probation. Court dismisses the case. Does not restore firearm rights or eliminate disclosure requirements for public office and state licensing.
• Misdemeanor expungement without probation (PC § 1203.4a) — Available one year after sentencing for misdemeanors where probation was not granted.
• Felony expungement after prison (PC § 1203.41) — Available 1–2 years after completing sentence. Not available for offenses requiring sex offender registration.
• Felony reduction to misdemeanor (PC § 17(b)) — Available for wobbler offenses. Offense is treated as a misdemeanor for all purposes.
• Proposition 47 reclassification (PC § 1170.18) — Certain prior felonies redesignated as misdemeanors. Includes drug possession and petty theft offenses. Does not restore firearm rights.
• Vacating a conviction — immigration (PC § 1473.7) — For non-citizens no longer in custody whose conviction causes or may cause removal or denial of immigration benefits.
• Vacating a conviction — innocence or racial bias (PC § 1473.7) — Also available for newly discovered evidence of actual innocence or convictions obtained on the basis of race, ethnicity, or national origin.
• Arrest record sealing (PC § 851.91) — For arrests that did not result in conviction. Arrest deemed not to have occurred.