Penal Code 1203.4/1203.3 & Penal Code 17(b)

Penal Code 1203.4, 1203.3 allow parties convicted of a misdemeanor or felony to get it dismissed in the interests of justice. Penal Code 17(b) allows parties to take a felony that is known as a "wobbler" (an offense that could have been charged as a misdemeanor at the time) to be reduced to a misdemeanor and then dismissed. Please see List of Wobblers to check on yours. If you do not see your number there, don't worry, we have done many not on the list. This is NOT an exhaustive list.

LIST OF WOBBLERS

GETTING YOUR CONVICTION DISMISSED

YOUR ARE ELIGIBILE IF:

Your misdemeanor or felony conviction resulted in jail time and/or probation, NOT prison time and parole.
If you are a prison parolee, you are not eligible for an expungement, BUT we are able to petition the court under California Penal Code 4852.01 for a Certificate of Rehabilitation.
Not be Serving a Sentence.
Not be on probation or parole. However, if you are still on probation we can petition the court for early termination of probation and motion for an expungement simultaneously.
Not be charged with a crime.
Have paid all your court fines and fees for this case.

WHAT DOES EXPUNGEMENT MEAN?

Upon a successful 1203.4 dismissal (expungement), you are now eligible to mark "NO" on any application that asks if you have been convicted of a crime. If a potential employer asks if you have ever been convicted of a crime, you can honestly answer No. The case number will have the words "set aside and dismissed" next to it instead of the word "convicted".

It takes approximately 30 days for the Department of Justice (DOJ) to enter the courts dismissal. Then the DOJ notify's the FBI. The FBI updates their records to reflect the dismissal, which also takes approx 30 days. Minimum 60 days for both agencies to be updated.

WHAT AN EXPUNGEMENT DOESN'T DO

This does not mean that the conviction is wiped away, sealed, purged or destroyed. The arrest is still there, charges are still there, but technically the conviction has the words "set aside and dismissed" next to the case number. We can also petition the court to seal arrest records upon request.

Expunged convictions can still be used as priors.
The DMV is a separate entity and the DUI/DWI will stay on your DMV record for the next 10 yrs. No one can remove it from the DMV records. DUI convictions can still affect your driving privileges.
Expunged convictions can still affect your ability to posses a firearm.
Expungement does not affect sex offender registration requirements.

PENAL CODE FELONY "WOBBLERS

California Penal Code 17 (b) allows certain felony's to be reduced to a misdemeanor, if it could have been charged as a misdemeanor at the time, and then dismissed in the same petition if that felony is a "wobbler". Penal Code 17(b) has 3 conditions that must be met for your felony to be eligible:

The felony conviction must be known as a wobbler
You must have been given probation, and not sent to state prison, a county jail is not prison. If you served any time in state prison you are not eligible to reduce your felony.
If you were convicted of any other felonies in the same case, then all felonies must be eligible for reduction or none of them are.