Fresh Start Program
A dismissal pursuant to Penal Code § 1203.4 , often referred to as an expungement is a way of clearing up your adult record that limits the information that shows up on a background check. When a petition for expungement is granted by the court, your guilty plea or verdict is withdrawn and a not guilty plea is entered. The court record will then show that the charge was dismissed. You may then legally state that you were not convicted of the offense which can be helpful for employment, housing, or licensing purposes.
An expungement does not remove the conviction from your record of arrests and prosecutions (your “Rap Sheet”). Nor does it reinstate your right to possess a firearm if you lost that right due to the conviction. It also does not prevent the conviction from being used as a “prior” in a future criminal prosecution. Also, an expungement will not prevent the U.S. Immigration and Customs Enforcement (“ICE”) from initiating removal or exclusion proceedings if you are not a US citizen. Also, an expungement will not relieve you of your obligation to register as a sex offender pursuant to Penal Code § 290.
If your criminal charge is expunged, you should understand that certain agencies such as law enforcement, District Attorney’s Offices and some licensing agencies still have access to the conviction, but your record for most other purposes will show that the conviction was dismissed.
IMPORTANT: You are not eligible for an expungement if you have pending criminal charges, are currently on probation, mandatory supervision, post release community supervision, or parole or if you are currently serving a sentence. There are certain serious charges that are not eligible for expungement.
For selecting your site,
- If your case number begins with RI or BA, please select Riverside
- If your case number begins with SW, please select Southwest
- If your case number begins with IN, please select Coachella Valley
Select the office to submit your application to
Frequently Asked Questions
Sealing Your Record of Arrest
I was arrested but not charged by the District Attorney. Can I seal my record of arrest?
Authority and Eligibility
Penal Code §851.8
- If the statute of limitations has run
- Discretionary if there is a proven pattern of certain conduct
- Not eligible If you engaged in fraud or by other means to evade efforts to prosecute
If Granted
- The record of arrest is sealed and eventually destroyed
- You can legally state that you were never arrested
- If your right to possess a firearm was removed, sealing does not necessarily restore that right
- To check on your eligibility to possess a firearm, click here for BOF 116
I was arrested and charged by the District Attorney, but was not convicted. Can I seal my record of arrest?
Authority and Eligibility
Penal Code §851.91
- If the charge was dismissed and the statute of limitations has run
- If you were acquitted after trial
- Not eligible If you engaged in fraud or by other means to evade efforts to prosecute
If Granted
- You can legally state that you were never arrested
- If your right to possess a firearm was removed, sealing does not necessarily restore that right
- To check on your eligibility to possess a firearm, click here for BOF 116
I was arrested, charged by the District Attorney and convicted but the charge was later dismissed. Can I seal my record of arrest?
Authority and Eligibility
Penal Code §851.91
- If your conviction was later dismissed by the DA or the judge
- If your conviction was reversed on appeal
If Granted
- You can legally state that you were never arrested
- If your right to possess a firearm was removed, sealing does not necessarily restore that right
- To check on your eligibility to possess a firearm, click here for BOF 116
Early Termination of Probation
I was convicted and am currently on probation (for a felony or misdemeanor). Can I get off probation early?
Authority and Eligibility
Penal Code §1203.3
- It is strongly recommended that you have successfully completed at least half of your probationary period
- “Good Cause” required i.e denial of employment, housing or entry into the military
- Granted if the judge determines that doing so would be in the “Interests of Justice”
If Granted
- You are no longer on probation
- You are then entitled to an expungement upon filing a §1203.4 petition
Reduction and Expungement of Conviction
I was convicted of a felony. Can I get that reduced to a misdemeanor?
Authority and Eligibility
Penal Code §17(b)
- If your felony is a reducible felony (a “wobbler”)
- Discretionary depending upon the facts of your case, your criminal history and how you performed on probation
If Granted
- You can legally state that you were not convicted of a felony
Your right to possess a firearm is restored
I was convicted of a criminal offense (felony or misdemeanor) and was granted probation. Can I get my conviction expunged?
Authority and Eligibility
Penal Code §1203.4
- Most but not all convictions are eligible
- You must not be currently on probation or parole
- You must not be currently serving a custodial sentence
- You must not be currently charged with the commission of an offense
- You must have fulfilled all the conditions of probation for the entire period of probation or your probation was terminated early
- Unpaid fines/fees are no longer a basis for denial of this request
If Granted
- You can legally state that you were not convicted
- For employment purposes, you still must disclose the conviction to: government agencies, healthcare, child or elderly care, occupational licensing agencies, law enforcement and jobs requiring a security clearance
- Your right to possess a firearm is not restored
- The conviction can still be used as a “prior” in future prosecutions
- The conviction can still be used by ICE in immigration proceedings
- If you are a Penal Code § 290 registrant, expungement does not change this. You are stilll required to register.
I was convicted of a crime and was sentenced to state prison under Penal Code §1170(h) (my sentence was served in county jail). Can I get the conviction expunged?
Authority and Eligibility
Penal Code §1203.42
- Most but not all offenses are eligible
- You must not currently be under probation or parole supervision, serving a sentence or charged with the commission of any offense
If Granted
- You can legally state that you were not convicted
- For employment purposes, you still must disclose the conviction to: government agencies, healthcare, child or elderly care, occupational licensing agencies, law enforcement and jobs requiring a security clearance
- Your right to possess a firearm is not restored
- The conviction can still be used as a “prior” in future prosecutions
- The conviction can still be used by ICE in immigration proceedings
- If you are a Penal Code § 290 registrant, expungement does not change this. You are stilll required to register.
I was convicted of a crime and was sentenced to state prison. Can I get the conviction expunged?
Authority and Eligibility
Penal Code §1203.42
- Most but not all offenses are eligible
- Granted if the judge determines that doing so would be in the “Interests of Justice”
- You must not currently be under probation or parole supervision, serving a sentence or charged with the commission of any offense
- More than two years must have elapsed since the completion of your term
If Granted
- You can legally state that you were not convicted
- For employment purposes, you still must disclose the conviction to: government agencies, healthcare, child or elderly care, occupational licensing agencies, law enforcement and jobs requiring a security clearance
- Your right to possess a firearm is not restored
- The conviction can still be used as a “prior” in future prosecutions
- The conviction can still be used by ICE in immigration proceedings
- If you are a Penal Code § 290 registrant, expungement does not change this. You are stilll required to register.
I was convicted of a crime and was sentenced to state prison where I successfully participated in Fire Camp. How might this benefit me?
Authority and Eligibility
Penal Code §1203.41
- Most but not all offenses are eligible for expungement
- You must have fully served your prison term
- More than two years must have elapsed since the completion of your term
- You must not currently be under probation or parole supervision, serving a sentence or charged with the commission of any offense
- You must have “successfully participated” in Fire Camp
If Granted
- You can legally state that you were not convicted
- For employment purposes, you still must disclose the conviction to: government agencies, healthcare, child or elderly care, occupational licensing agencies, law enforcement and jobs requiring a security clearance
- Your right to possess a firearm is not reinstated
- The conviction can still be used as a “prior” in future prosecutions
- The conviction can still be used by ICE in immigration proceedings
- Your duty to register as a sex offender pursuant to Penal Code § 290 is not removed
Contact Us
If you need assistance regarding the Fresh Start Program, select the appropriate site and fill out the form below
- If your case number begins with RI or BA, please select Riverside
- If your case number begins with SW, please select Southwest
- If your case number begins with IN, please select Coachella Valley
IMPORTANT DISCLAIMER: This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.