PC 1203.4 and Other Expungements in Criminal Court

There are cases where, if an individual has completed the terms of their probation and has not been charged with any other crime, post-conviction relief may be granted as expungement.

Is it possible for my case to be dismissed?

California law establishes a number of ways through which sentences can be approved for those who have been previously convicted of crimes. Requesting dismissal using Penal Code section 1203.4 is one of the most common ways to obtain relief from a conviction.

Delete your case

Section 1203.4 allows for what is called a waiver. In legal terms, a waiver is a procedure allowing offenders to seal their records. Although an annulment does not entirely eliminate a criminal record, it includes several benefits.

Obtaining a waiver at the end of a probationary period

If you were granted probation, you may be able to get relief in the form of a discharge at the end of your probation. There are even cases in which judges are obliged to grant exoneration upon request. In many other cases, judges have discretion over whether or not to grant a waiver.

Can I get a waiver for a DUI case?

If you have been convicted of a DUI offense, the judge has the discretion of whether or not to grant an expungement. The same applies to many other convictions under the Vehicle Code. However, you must present your case as persuasively as possible so that the judge rules in your favor.

Post-conviction relief

There are a number of charges for which post-conviction exoneration cannot be granted under Section 1203.4 of the Penal Code. In these cases, you can, however, seek other types of post-conviction relief. You can, for example, obtain a rehabilitation certificate.

You can also obtain exoneration for violations.

The law was recently amended to allow cancellation of exoneration even in misdemeanor cases where probation has been denied.

Call us today at (619) 746-8879 so we can carefully evaluate your case.