Expunging a California Conviction

EXPUNGEMENT
In General.    
Penal Code Section 1203.4 requires the court to grant expungement of both a felony and misdemeanor convictions when the applicant can show that (a) probation was successfully completed or terminated early and(b) no new charges are pending, and the  defendant is not on probation or serving a sentence for any new charge that occurred since the charge or which expungement is sought.

Where the person does not qualify for mandatory expungement , because of  approbation violation or where a listed offense is involved , it is still possible to obtain a discretionary expungement.

This expungement , is not effective to eliminate a controlled substances conviction for immigration purposes.

Mandatory Expungement
Penal Code Section 1203.04(a) requires mandatory expungement be granted in cases in which the defendant has been discharged early from probation. Even if the defendant has violated probation, the conviction must be expunged.

If the defendant has complied with all the requirements of probation during the entire probationary period he/she will be entitled to a mandatory expungement.

Motion to shorten probation in order to become eligible for expungement.

Where the defendant is still on probation, a motion to shorten probation and terminate it must be made in order to be eligible  for mandatory expungement.. .