Clearing Your Record

Something you may want to consider when approaching our office for representation is whether or not you want to seek record clearance as a possible outcome of your case. Record clearance does not mean that your case file will be thrown out of the courthouse, but that your conviction will be set aside after you display subsequent good behavior. This makes it easier to look for jobs.

Record clearance is available as a possible outcome of your case if you have been charged with either a felony or a misdemeanor.

You are eligible for record clearance if:

  • Your conviction meets the guidelines in Penal Code (PC) § 1203.4, PC § 1203.4a, PC §1203.41, PC § 17, or PC § 1203.49.
  • It has been at least one year since the date of your conviction.
  • You have completed the terms of your sentence.
  • You are not serving a sentence for any offense, or have not been charged with the commission of any other offense.
  • Your probation for the conviction you’re trying to expunge has not been revoked or reinstated.
  • Deferred Entry of Judgment PC § 1203.43, Petitioner performed satisfactorily during the period in which deferred entry of judgement was granted and the criminal charges were dismissed under PC § 1000.3.

Record clearances are not automatic. If you are interested in hiring an attorney to help you file for record clearance, please give us a call at (650) 594-4200.