What “Expungement” Really Means in California

In California, “expungement” usually refers to relief under Penal Code Section 1203.4, which allows certain convictions to be dismissed after you meet specific conditions. If granted, the court lets you withdraw a guilty or no contest plea or sets aside a guilty verdict, then dismisses the case.

This process does not erase your history entirely, but it releases you from many penalties and disabilities resulting from the conviction, especially in the employment context. A Fresno criminal lawyer can explain how expungement would help in your particular situation, including job applications, licensing, and background checks.

Who Is Generally Eligible for Expungement?

In general, you may qualify for expungement if you were convicted of a misdemeanor or felony, successfully completed probation, and were not sentenced to state prison for that case. You must also not be currently charged with, on probation for, or serving a sentence for another offense.

Some serious felonies, such as certain violent or serious offenses and crimes requiring sex offender registration, are excluded and cannot be expunged. Because eligibility depends on the exact code section and sentence, a Fresno defense attorney should review your record to determine which convictions, if any, can be cleared.

What Changed Under Newer California Record‑Clearing Laws?

California has expanded record‑clearing opportunities through laws like Senate Bill 731, which broadened eligibility for relief under several statutes, including expungement provisions. These changes, effective in recent years, gave more people with older convictions a chance to seek dismissal when they have completed their sentences and demonstrated rehabilitation.

There are also newer automatic record‑relief laws that, as of July 2024, can clear some cases without a petition once eligibility criteria are met, though this varies by county. Even if some automatic processes apply, many people still benefit from working with a Fresno criminal lawyer to file targeted petitions to clean up their records more quickly or completely.

Expungement vs. Other California Record Relief

Expungement is just one type of record relief in California, and it is important to understand how it differs from other options. For example, there are procedures for sealing arrest records, reducing certain felonies to misdemeanors, and even certificates of rehabilitation for serious cases.

Each tool serves a different purpose, and the right combination depends on your charges, sentence, and future goals. A Fresno defense attorney who regularly handles post‑conviction matters can help you build a strategy that may include expungement plus other relief to maximize your chances of a clean slate.

What Expungement Can and Cannot Do

An expunged case will typically show that the conviction was dismissed, which often helps significantly with employment applications and some professional licensing decisions. Many private employers view an expunged conviction more favorably because it demonstrates completion of probation and rehabilitation.

However, expungement does not entirely erase the conviction from your history and usually does not restore gun rights or eliminate sex offender registration where required. It may not prevent a conviction from being used as a prior in later criminal cases or in certain government applications, so professional legal advice is important before relying on expungement alone.

How the Expungement Process Works

For non‑automatic expungements, the process usually begins by gathering your case numbers, dates, and the court where you were convicted. A petition is then filed with the court asking for relief under Penal Code Section 1203.4 or related statutes, sometimes supported by declarations and evidence of rehabilitation.

Courts may take one to two months or more to schedule and decide expungement petitions, depending on the county workload. In Fresno and surrounding areas, a local criminal defense lawyer familiar with the judges and procedures can streamline filings and respond quickly if the prosecutor objects.

Why Work With a Fresno Criminal Lawyer on Expungement?

Although some people try to file expungement petitions on their own, small mistakes—like applying under the wrong code section or missing information—can delay or derail your request. An attorney who regularly handles expungements understands the eligibility rules, the local expectations, and how to present your rehabilitation in the best light.

A Fresno defense attorney can also review your entire record to see whether you can reduce felonies to misdemeanors, seal dismissed cases, or pursue other relief at the same time. For many clients, this comprehensive approach improves job prospects, professional licenses, and housing opportunities more than a single expungement alone.

How Mark Broughton Assists With Record Clearing

If you are in the Central Valley and wondering, “Can I get my criminal record expunged in California?”, you do not have to guess. A certified specialist in criminal law can analyze your record, identify which cases qualify, and guide you through each step.

As a Fresno criminal lawyer and defense attorney with decades of experience, Mark Broughton advises clients on expungement, felony reductions, and other post‑conviction remedies that can open doors that once seemed closed. His goal is not only to defend you during your case, but also to help with long‑term solutions so you can move forward with your life.

If you are ready to see what can be done about your record, contact Fresno defense attorney Mark Broughton today to schedule a consultation and learn your expungement options.

FAQs: California Expungement

Does Expungement Erase My Criminal Record Completely?

No, expungement under Penal Code Section 1203.4 dismisses the conviction and relieves many penalties, but it does not fully erase the record or restore all rights. It still may be visible to courts and certain government agencies and may count as a prior in later cases.

Can a Felony Be Expunged in California?

Many felonies can be expunged if you were not sentenced to state prison and you completed probation successfully, but some serious and violent felonies are excluded. Because the rules are detailed, a Fresno criminal lawyer should review your case to confirm eligibility.

How Long Does the Expungement Process Take?

Typical expungement petitions are filed and decided in about one to two months, though times vary by county and court workload. In some cases, newer automatic relief laws may clear certain records without a petition once eligibility is met.

Do I Still Need to Disclose an Expunged Conviction to Employers?

In many private employment situations, you can honestly state that the case was dismissed, but some government or licensing applications still require disclosure. An experienced defense attorney can explain how to answer specific background questions accurately after expungement.

Can Mark Broughton Help If My Expungement Was Denied?

Yes, a Fresno defense attorney can review why the court denied the petition, whether the problem can be fixed, and if other record‑clearing options are available. In some cases, updated laws or additional rehabilitation evidence may support a renewed effort.