I picked up a conviction years ago, finished probation, and have stayed out of trouble since. Some sites say I can expunge it, others say certain convictions never qualify, and one says I need a pardon. What is actually true, and how do I know if I am eligible?
Paraphrased and anonymized. We answer questions like this one every week on free consultation calls.
The Short Answer
If you completed probation, are not currently charged with or serving a sentence for anything, and your fines are handled, you very likely qualify for expungement under Penal Code 1203.4, and even a probation violation only makes relief discretionary rather than impossible. Cases that ended in state prison generally need a certificate of rehabilitation instead, and a short list of serious offenses is excluded entirely. Arrests that never became convictions are handled separately, and often more easily, through record sealing. The right tool depends on how your case ended, which takes minutes to determine from your docket.
The Basic Eligibility Checklist
Penal Code 1203.4 relief comes down to a short list. You are in strong shape if:
- You were granted probation and completed it, or a court terminated it early
- You are not currently charged with, on probation for, or serving a sentence for any other offense
- Your fines, fees, and restitution are resolved
- Your case was in state court (federal convictions have a different system) and did not result in a state prison sentence
The Common Disqualifiers, and Their Fixes
A probation violation does not end the analysis. It moves you from relief as a matter of right to discretionary relief in the interests of justice, where a judge weighs your life since the conviction: work, family, sobriety, service. We prepare those showings and win them.
Still on probation? The fix can be Penal Code 1203.3 early termination, then expungement immediately after, a sequence we have executed for clients including a successful early termination in our recent victories. Prison sentence in your past? The path is usually a certificate of rehabilitation, which also functions as an automatic pardon application. And a handful of offenses, mostly serious sex crimes against minors and certain vehicle code sections, are statutorily excluded from 1203.4 entirely, which is where honest counsel matters: we will tell you in the first call if your conviction is one of them.
Never Convicted? You Want Sealing, Not Expungement
If you were arrested but the case was dropped, never filed, or you were acquitted, there is no conviction to expunge, but the arrest itself still shows on background checks. The remedy is arrest record sealing under Penal Code 851.87 and 851.91, usually available as a matter of right. We cover it in detail in our guide to sealing arrest records, and it is some of the fastest relief in the system.
What Expungement Actually Does (and Does Not Do)
Granted relief means your plea is withdrawn and the case is dismissed. Most private employers cannot consider it, background checks show a dismissal rather than a conviction, and you can answer most job applications with your head up. Felony wobblers can often be reduced to misdemeanors under 17(b) first, which improves what the record shows even further.
The honest limits: expungement does not restore firearm rights, end sex offender registration, erase the conviction for immigration purposes, or stop it counting as a prior if there is a next time. Anyone promising your record simply vanishes is overselling; what it does deliver is the thing most people actually need, which is a clean answer for employers, landlords, and licensing boards.
How to Find Out in One Phone Call
Tell us the county, the year, the charge, and how it ended, and we can usually map your eligibility and the right sequence of tools on the spot: reduction, early termination, expungement, sealing, or certificate of rehabilitation. Flat fee, payment plans, and in most cases you never appear in court. Our guide on how long expungement takes walks through the timeline stage by stage.
This article is attorney advertising and general information, not legal advice about your specific situation, and reading it does not create an attorney-client relationship. Every case is different. For advice about your case, call us for a free, confidential consultation.