A criminal record can follow you long after you have served your sentence. In Santa Ana and throughout California, a past conviction can affect your ability to find employment, secure housing, obtain professional licenses, and more. Fortunately, California law provides a legal remedy that can help eligible individuals clear their records and move forward with their lives. Understanding the expungement process — who qualifies, what it covers, and what it does not — is the first step toward putting the past behind you.
What Is an Expungement?
In California, an expungement is a court order that allows a person who has completed probation or a jail sentence to withdraw their guilty or no contest plea, enter a not guilty plea, and have the case dismissed. This is governed by California Penal Code 1203.4. Once an expungement is granted, you are generally not required to disclose the conviction in most employment applications.
It is important to understand that expungement in California does not erase or seal the record entirely. The conviction remains visible in certain contexts, including background checks for law enforcement positions, applications for public office, and proceedings involving professional licensing boards. However, for the vast majority of everyday employment and housing situations, an expungement can make a meaningful difference.
Who Qualifies for Expungement?
Not every conviction is eligible for expungement, and eligibility depends on several factors. Generally, you may qualify if you were convicted of a misdemeanor or felony, you were not sentenced to state prison, you have completed your probation without violation — or have successfully petitioned to terminate probation early — and you are not currently facing criminal charges, on probation, or serving a sentence.
If you were sentenced to state prison rather than county jail, expungement under Penal Code 1203.4 is not available, though other forms of post-conviction relief may be. Certain offenses, particularly those involving sexual crimes against minors, are excluded from expungement eligibility regardless of other circumstances.
Individuals who served their sentence in county jail without probation may also be eligible under a separate provision, Penal Code 1203.4a, which applies to infractions and certain misdemeanor convictions.
The Expungement Process Step by Step
The process begins with a review of your criminal record to determine eligibility. This involves pulling your full record and examining the details of each conviction, including the sentence imposed and whether probation was successfully completed.
Once eligibility is confirmed, a petition is filed with the court in the county where the conviction occurred. For Santa Ana residents, this typically means filing with the Orange County Superior Court. The petition must include supporting documentation and, in some cases, a declaration explaining why the expungement should be granted.
The court may schedule a hearing, though many expungement petitions are granted without one. The prosecution has the opportunity to object, and the judge will weigh factors such as your compliance with the terms of your sentence, your conduct since the conviction, and your overall circumstances.
If granted, the court will issue an order reflecting the dismissal, and your record will be updated accordingly.
Why Legal Representation Helps
While some individuals attempt to navigate the expungement process on their own, having an attorney can improve your chances of a successful outcome and help you avoid procedural mistakes that could delay or derail your petition. At Simmons Wagner, LLP, we guide clients through every step of the expungement process, from evaluating eligibility to filing the petition and representing you if a hearing is required.
If you are ready to explore whether expungement is an option for you, contact Simmons Wagner, LLP at (949) 439-5857 today to schedule a consultation. A fresh start may be closer than you think.