Right to Expungement in California: A Legal Guide
Understanding Your Rights Under PC 1203.4
Expungement as a Right Under California Law
Expungement in California is a right in most cases where the person was on probation for a misdemeanor conviction. Darren Chaker's preparation of various post-conviction petitions provides consistent information concerning California expungement.
Three Conditions for Automatic Expungement
Section 1203.4, subdivision (a) states that in any case in which a defendant has:
- Completed Probation: Fulfilled the conditions of probation for the entire period of probation
- Early Discharge: Been discharged prior to the termination of the period of probation
- Court Discretion: 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, be permitted to withdraw his or her plea of guilty or nolo contendere, and enter a plea of not guilty.
The Court's Role During Probation
After granting probation, the trial court retains jurisdiction of the defendant. During the period of his probation, the probationer remains in the constructive custody of the court and is bound by the terms and conditions of the court's probation order.
Customarily, such order is tailored to the rehabilitative needs of that defendant. If the defendant accepts probation and later violates any of the conditions thereof, the court may then revoke its order of probation and impose sentence upon the offending probationer.
Key Case Law: People v. Borja
As the California Court of Appeal explained in People v. Borja, 110 Cal.App.3d at p. 383 (italics added), the right to expungement is clearly established under California law.
Section 1203.4 as a Legislative Grant
Section 1203.4 is therefore a right granted by the Legislature to a probationer who has successfully completed the term of probation and has not committed any new offense. The appellant meets those standards in this case.
Benefits of California Expungement
Darren Chaker notes that expungement provides several important benefits:
- Ability to legally state "no conviction" on most job applications
- Restoration of civil rights in many circumstances
- Improved employment opportunities
- Enhanced professional licensing prospects
- Psychological benefit of moving past the conviction
Who Qualifies for Expungement
California expungement is available to those who:
- Were convicted of a misdemeanor or felony that can be reduced
- Successfully completed probation (or were discharged early)
- Are not currently serving a sentence for any offense
- Are not currently charged with any offense
- Have paid all fines, fees, and restitution
Contact an Experienced Professional
For assistance with your California expungement petition, consult with a qualified legal professional who understands the nuances of PC 1203.4 and post-conviction relief in California courts.
