Penal Code 1203.4a PC – Expungement of Infractions and Non-probation Misdemeanors
What’s up! This article will explain expungements under California Penal Code 1203.4a PC. We’ll break it down in simple terms, looking at how 1203.4a works, eligibility, process, benefits, and more. No fancy legal talk here!
What is a 1203.4a Expungement?
A 1203.4a expungement allows people convicted of infractions or misdemeanors not resulting in probation to get their convictions dismissed [1]. Here’s how it works:
- You petition the court to dismiss your conviction
- The judge grants expungement if you qualify
- Your conviction is dismissed and certain penalties removed
While your arrest record remains, you can legally say you were never convicted if asked on job/housing applications.
How is it Different From a 1203.4 Expungement?
A 1203.4 expungement is for people who complete felony or misdemeanor probation [2]. Key differences include:
- 1203.4a is for infractions and misdemeanors with no probation
- Eligibility starts 1 year after conviction with 1203.4a vs. after probation ends with 1203.4
The main benefit of both is dismissing the conviction and some penalties.
Eligibility for 1203.4a Expungement
To qualify for 1203.4a, you must [3]:
- Have an infraction or misdemeanor conviction
- Not have been granted probation
- Wait 1 year after the conviction
- Fully comply with the sentence
- Have no pending criminal charges
Infractions like traffic tickets and misdemeanors like petty theft or public intoxication often qualify if you meet the requirements.
What is the 1203.4a Process?
The process involves [4]:
- Obtain certified copies of records like convictions, pleas, sentences
- File a petition with the court to dismiss the conviction
- Attend a hearing where the judge reviews your petition
- If approved, receive a court order dismissing the conviction
Hiring an attorney makes the process smoother and increases chances of approval.
Benefits of 1203.4a Expungement
Benefits of getting a conviction expunged include [5]:
- Can legally say you were not convicted if asked on job/housing applications
- Conviction dismissed and some penalties removed
- Improved chances of getting professional licenses
- Enhanced employment and housing opportunities
While your arrest record remains, an expungement still provides major benefits.
Recent Changes to Expungement Laws
Some recent changes affecting expungements include [6]:
- Starting 2024, fees waived for expungement petitions
- Low-level convictions eligible for automatic expungement starting 2021
An attorney can advise you on the latest expungement laws and reforms in California.
Fighting for Expungement
If denied a 1203.4a expungement, don’t give up. An attorney can help by:
- Filing an appeal of the denial
- Collecting evidence of rehabilitation
- Negotiating with the prosecutor
An experienced lawyer gives you the best shot at getting an expungement approved.
Other Ways to Clear Your Record
If you don’t qualify for 1203.4/1203.4a expungement, other options include :
- Reducing a felony to misdemeanor
- Record sealing for juvenile crimes
- Certificate of rehabilitation
- Governor’s pardon
An attorney can advise which option is right for your situation. Don’t give up – there is hope for clearing your record!