When applying for an expungement, it is important to know the difference between a petition granted under Penal Code 1203.4 and a petition granted under Penal Code 1203.4a.

Expungement means the case is completely erased, whereas a dismissal releases the defendant from all penalties as a consequence of the offense but does not remove the conviction from the criminal record.

When a petition is granted under Penal Code 1203.4, the case is not sealed and the statute does not actually expunge the criminal record, but a dismissal is granted with limited relief.  

Penal Code 1203.4 allows a defendant who has completed probationary requirements and is no longer serving a sentence for any offense to apply for this limited dismissal.

Defendants who have completed all probationary requirements or who have even been denied probation can apply for an expungement under Penal Code 1203.4a at least one year after they’ve been convicted.

Eligibility to apply for an expungement under Penal Code 1203.4a also includes those defendants whose criminal cases were reduced to infractions.

Should you have any questions about your right to expunge your criminal conviction, call The Law Offices of Michael S. Berg.  Michael is a Certified Specialist in Criminal Law, certified by the State Bar of California, Board of Legal Specialization. He will be happy to give you a free consultation regarding your case.