A felony conviction can have long-lasting consequences, affecting employment, housing, and even certain civil rights. Fortunately, California law provides a legal process to clear or reduce some felony convictions through expungement. However, not all felonies are eligible, and understanding the limitations is crucial. Below, we’ll break down how felony expungement works in California, who qualifies, and what restrictions apply.

What Is Expungement?

Expungement, under California Penal Code Section 1203.4, is a legal process that allows individuals to withdraw a guilty or no contest plea, enter a not guilty plea, and have the case dismissed. While an expunged conviction does not completely erase the record, it removes many of the obstacles that criminal conviction creates, making it easier to find employment and housing.

Which Felonies Can Be Expunged?

Many felony convictions in California can be expunged, but there are key requirements:

  • The individual must have successfully completed probation (or been granted early termination of probation by the court).

  • All fines, restitution, and court fees must be paid in full.

  • The individual cannot currently be facing new criminal charges, serving a sentence, or on probation for another offense at the time of filing.

  • The felony must not be a crime that is ineligible for expungement under California law.

Felonies That Cannot Be Expunged

Certain serious felonies are not eligible for expungement, including:

  • Sex crimes involving minors, such as lewd acts with a child under Penal Code 288.

  • Violent felonies, such as murder (Penal Code 187) and certain aggravated assault charges.

  • Certain domestic violence or child abuse offenses, depending on the severity.

If your felony is one of these, expungement may not be an option, but other forms of post-conviction relief, such as a Certificate of Rehabilitation or Governor’s Pardon, may be available.

Reducing a Felony to a Misdemeanor

In some cases, felony convictions may be reduced to a misdemeanor before seeking expungement. Under Penal Code 17(b), individuals convicted of a “wobbler” offense (a crime that can be charged as either a felony or a misdemeanor) may petition the court for a reduction to a misdemeanor. This is often a crucial first step toward clearing a record, as misdemeanors are easier to expunge than felonies.

Benefits of Expungement

Expunging a felony conviction can provide significant benefits, including:

  • Better job opportunities – Most private employers cannot consider expunged convictions when making hiring decisions.

  • Improved housing prospects – Landlords often conduct background checks, and an expunged record improves rental applications.

  • Restoration of professional licenses – Some licensing boards consider expungement favorably when reviewing applications.

  • Peace of mind – Expungement allows individuals to move forward without the stigma of a conviction.

Limitations of Expungement

While expungement offers many benefits, it’s important to note:

  • It does not restore firearm rights.

  • It does not remove the conviction from law enforcement databases (police and courts can still see it).

  • It does not prevent certain government agencies from considering the conviction for licensing and security clearance purposes.

  • It does not overturn sex offender registration requirements in most cases.

How to Apply for Felony Expungement in California

  1. Determine Eligibility – Review whether your felony qualifies under Penal Code 1203.4. Use our 60 second tool to find out if you qualify.

  2. Obtain Case Records – You may need court documents, sentencing records, and proof of completed probation.

  3. File a Petition – Submit an expungement petition to the court where you were convicted.

  4. Attend a Hearing (if required) – Some cases require a court appearance, especially if the prosecution objects.

  5. Receive a Decision – If granted, the court will dismiss your conviction, and your record will be updated accordingly.

Get Legal Help for Your Expungement

The expungement process can be complex, especially for felony convictions. A top California expungement attorney can help determine eligibility, navigate legal obstacles, and present the strongest case for clearing your record. If you are seeking a fresh start, contact us today to explore your options.

Use our FREE TOOL to find out if you’re eligible for expungement.