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Penal Code 1203.4

Expungement Of Your Record

You can petition for dismissal of your case after a conviction to clean up your criminal record.

This is probably the most important thing you can do for your record and your next job interview.

We can help you clear your record.

Penal Code section 1203.4(a)(1) states:
In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty…

In 2014, California Proposition 47 went into effect. It reduced many felonies for theft and drugs to misdemeanors. If you have a felony conviction for one of these eligible crimes, you may be able to reduce that to a misdemeanor, because of this change in the law. The ability to reduce one of these offenses, also depends on your record.

Eligible Offenses: Shoplifting under $950, simple drug possession like possession of methamphetamine, heroin, cocaine for personal use. Forgery under $950, Petty Theft.

What can they ask me about my criminal record?

Job Interview

California Labor Code section 432.7 states:

No employer…shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post-trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4 

Early Termination Of Probation

Early Termination of Probation: You can file a Motion to Terminate Probation before the full term is up. This is typically done if you have done well on probation and not been found in violation of any of the terms. Once you file a Motion for Early Termination of Probation, the judge decides if your probation will be terminated before you have served the full term.

Pursuant to Penal Code 1203.3, the court can, in its discretion, terminate probation early. Once probation has been terminated, a motion to expunge your record can be made, often at the same hearing.

Penal Code section 17(b) enables the court to reduce a prior conviction of some felony offenses to misdemeanors. This applies to crimes known as “wobblers” which can be charged as both felonies or misdemeanors.