San Diego Expungement Lawyers

A criminal record can follow you for years, affecting your job, your housing, and your future. California law provides real pathways to clear or reduce your record. Whether you need an expungement, record sealing, or post-conviction relief, understanding your options is the first step toward moving forward.

A criminal conviction does not have to be the final chapter. Good people make mistakes, accept responsibility, and move on with their lives. The problem is that a criminal record doesn’t move on with you. It shows up on background checks, blocks job opportunities, threatens professional licenses, and in San Diego’s border community, can trigger immigration consequences that upend everything.

The reality is California has some of the most expansive record-clearing laws in the country. From straightforward misdemeanor expungements to complex felony murder resentencing petitions, there are multiple legal mechanisms designed to give people a second chance. The question is which one applies to your situation.

David P. Shapiro Criminal Defense Attorneys has helped clients throughout San Diego County clear their records, reduce felonies to misdemeanors, seal arrest records, and vacate convictions that carried devastating immigration consequences. We have handled every type of post-conviction relief California offers, from simple dismissals after probation to contested evidentiary hearings on resentencing petitions. The outcome of your record-clearing case is not predetermined, and in many situations, the law is firmly on your side.

Whether you completed probation years ago and never got around to filing, or you are facing deportation because of a conviction you didn’t fully understand, our team is ready to help. If you or a loved one need to clear a criminal record in San Diego, call us 24/7 for a case evaluation.

Post-Conviction Relief Options We Handle

Relief Type	Code Section	Scope	Typical Timeline
Expungement Under PC 1203.4	PC § 1203.4	Felony or misdemeanor with probation completed	2-6 months
Early Termination of Probation	PC § 1203.3	Shorten probation period before expungement	1-3 months
Felony Reduction to Misdemeanor	PC § 17(b)	Wobbler offenses sentenced as felonies	2-4 months
Prop 47 Resentencing	PC § 1170.18	Certain drug and theft felonies	2-6 months
Prop 36 Resentencing	PC § 1170.126	Three Strikes cases with non-violent third strike	3-12 months
Seal Arrest Records	PC § 851.91	Arrests not resulting in conviction	2-4 months
Certificate of Rehabilitation	PC § 4852	Felony with state prison sentence	7+ year rehabilitation period

Types of Record-Clearing Relief in California

California does not offer a single “expungement” process. It offers a range of relief mechanisms, each with its own eligibility requirements, procedures, and limitations. The type of relief available to you depends on what you were convicted of, how you were sentenced, and what has happened since.

Expungement After Completing Probation

The most common form of record clearing in California falls under Penal Code section 1203.4.¹ If you were convicted of a misdemeanor or felony and successfully completed probation, you may petition the court to withdraw your guilty or no contest plea, enter a not-guilty plea, and have the case dismissed. This applies to most offenses where the sentence did not include state prison time. San Diego courts generally grant these petitions when probation was completed without violations, though the District Attorney’s office does oppose certain cases, particularly those involving domestic violence or serious felonies.

Expungement for Fine-Only or No-Probation Sentences

For people convicted of minor misdemeanors or infractions where no probation was imposed, Penal Code section 1203.4a provides a separate path.² The key difference is a mandatory one-year waiting period from the date of conviction. Many people with older misdemeanor convictions, including minor drug offenses or disorderly conduct, qualify under this provision and don’t realize it.

Felony Reduction to Misdemeanor

California’s wobbler statutes allow certain offenses to be charged as either felonies or misdemeanors. If you were convicted of a wobbler as a felony, Penal Code section 17(b) allows the court to reduce it to a misdemeanor after the fact.³ This is frequently the first step in a two-part process: reduce the felony under section 17(b), then seek dismissal under section 1203.4. The practical impact is significant because a misdemeanor on your record is treated very differently than a felony by employers, licensing boards, and immigration authorities.

Prop 47 Reclassification

Proposition 47, passed by California voters in 2014, reclassified certain drug possession and theft felonies as misdemeanors.⁴ If you were convicted of a qualifying offense before Prop 47 took effect, you can petition to have that felony redesignated as a misdemeanor. San Diego processed a substantial volume of these petitions between 2015 and 2019, and the process remains available for anyone who has not yet filed.

Vacating a Conviction for Immigration Consequences

Penal Code section 1473.7 allows a person who is no longer in criminal custody to petition the court to vacate a conviction that was legally invalid due to prejudicial error damaging their ability to meaningfully understand the immigration consequences of a plea.⁵ San Diego’s proximity to the U.S.-Mexico border makes this relief mechanism particularly critical. Many clients come to us facing active removal proceedings at the Otay Mesa detention facility, and the urgency of these cases cannot be overstated.

Arrest Record Sealing

An arrest that did not result in a conviction can still appear on background checks. Penal Code section 851.91 provides a petition-based process to seal arrest records where charges were never filed, the case was dismissed, or the defendant was acquitted.⁶ California also enacted automatic sealing under section 851.87, but the rollout has been slow and incomplete, meaning many people still need to file a petition to get their arrest records sealed.

Certificate of Rehabilitation

For people who served time in state prison, standard expungement under section 1203.4 is not available. The primary path forward is a Certificate of Rehabilitation under Penal Code sections 4852.01 through 4852.21.⁷ This requires a minimum seven-year rehabilitation period and a formal hearing before a judge. If granted, it also serves as an automatic application for a Governor’s pardon, which can restore rights that no other form of relief can reach, including in some cases the right to possess firearms.

Felony Murder Resentencing

Senate Bill 1437 and Senate Bill 775 fundamentally changed California’s felony murder rule. Under Penal Code section 1172.6, a person convicted of murder under the prior felony murder doctrine or natural and probable consequences theory may petition for resentencing if they could not be convicted under current law.⁸ San Diego’s District Attorney has vigorously contested many of these petitions, making experienced legal representation essential. These cases frequently require evidentiary hearings and can result in complete vacatur of a murder conviction.

Vacating a Guilty Plea After Diversion

Before 2016, California required defendants to plead guilty before entering certain diversion programs, particularly for drug offenses. Penal Code section 1203.43 allows those guilty pleas to be vacated and the charges dismissed after successful completion of diversion.⁹ This is especially important for non-citizens, because a guilty plea, even one followed by successful diversion, can trigger immigration consequences. Vacating the plea removes that trigger.

Which Path Applies to Your Situation

This is the question we hear most often, and it is the most important one. California’s record-clearing laws are not a single process. They are a network of overlapping statutes, each designed for a specific situation. Choosing the wrong path wastes time and money. Choosing the right one can change your life.

Matching Your Situation to the Right Relief

What determines your eligibility is not just what you were convicted of but how you were sentenced.

If you completed probation for a misdemeanor or felony and were never sent to state prison, standard expungement under PC 1203.4 is likely your path. If you received a fine-only sentence with no probation, section 1203.4a applies instead.

If you were convicted of a wobbler offense as a felony, the most effective strategy is often a two-step process: reduce the felony to a misdemeanor under section 17(b) first, then petition for dismissal under section 1203.4. This combination provides the broadest relief.

If your felony conviction was for drug possession or a theft offense under $950, Prop 47 may allow reclassification to a misdemeanor regardless of when the conviction occurred. Once reclassified, you can then pursue expungement.

If you served time in state prison, standard expungement is not available. A Certificate of Rehabilitation is the primary mechanism, and it requires a sustained period of rehabilitation before you can even file.

If you were arrested but never convicted, arrest record sealing under section 851.91 is the appropriate remedy. California’s automatic sealing program should handle this, but in practice, many records fall through the cracks.

If your conviction carries immigration consequences you did not understand at the time of your plea, section 1473.7 may allow you to vacate the conviction entirely.

What Expungement Does and Does Not Do

One of the most common misconceptions is that expungement erases a conviction completely. It does not. Under California law, an expungement under section 1203.4 releases you from “all penalties and disabilities” of the conviction, but the record of the case still exists.¹⁰ What changes is how it appears and how it can be used against you.

After expungement, you can legally answer “no” when a private employer asks whether you have been convicted of a crime. California’s Fair Chance Act and Labor Code section 432.7 further restrict what employers can ask and when.¹¹ However, expungement does not eliminate the obligation to disclose to law enforcement, does not automatically restore firearm rights for felony convictions, and does not seal the record from public court databases.

For licensing boards, the impact varies. Some boards treat an expunged conviction as if it never occurred. Others still consider it. An experienced attorney can advise you on how expungement interacts with your specific professional license.

Automatic Relief vs. Filing a Petition

California has moved toward automatic record relief through AB 1076 and SB 731. Under these laws, the Department of Justice is supposed to automatically grant relief for eligible misdemeanor and felony convictions once the sentence is fully completed.¹² In theory, this means some people will receive relief without ever filing a petition.

In practice, the rollout has been uneven. Backlogs, data errors, and incomplete records mean that many eligible individuals have not received automatic relief. Filing a petition remains the most reliable way to ensure your record is cleared on your timeline, not the state’s.

How We Approach Post-Conviction Relief Cases

Record-clearing cases are built on documentation, eligibility analysis, and persuasion. Every one of those requires attention.

Eligibility analysis. Before filing anything, we conduct a thorough review of your criminal history, including your RAP sheet and court records, to determine exactly which relief mechanisms apply. Many clients qualify for multiple forms of relief, and the order in which they are pursued matters.

Building the petition. A petition for expungement or vacatur is only as strong as the evidence supporting it. We gather documentation of rehabilitation, employment, community involvement, and compliance with all court-ordered conditions. For contested matters, particularly section 1473.7 immigration-related petitions and section 1172.6 felony murder resentencing, we prepare declarations, supporting exhibits, and legal briefing at the level of an appellate filing.

Handling opposition. The San Diego County District Attorney’s office does oppose certain petitions, and when they do, having experienced counsel makes the difference. We can, and will, advocate aggressively at any hearing if the facts support a position to do so.

If your original conviction involved drug charges, your expungement path may involve Prop 47 reclassification before standard dismissal. If domestic violence was involved, the DA’s opposition is more likely, and the petition requires careful preparation. And if the underlying case involved theft or fraud charges, Prop 47 may provide the most direct route to relief.

Why Choose David P. Shapiro Criminal Defense Attorneys

We understand post-conviction relief because we handle the cases that create the need for it. Our criminal defense team defends clients facing serious criminal charges throughout San Diego County, and that same knowledge of criminal law, local courts, and San Diego prosecutors informs how we approach record clearing. We know which judges are receptive to early termination of probation, how the DA’s office evaluates opposition, and what documentation makes the difference in a contested hearing.

San Diego’s military community, border proximity, and competitive professional job market mean that a criminal record carries consequences here that it might not carry elsewhere. A service member at Camp Pendleton needs their security clearance. A nurse in the biotech corridor needs their license. A permanent resident in Chula Vista needs to avoid deportation. We have handled each of these situations, and we understand what is at stake.

David P. Shapiro Criminal Defense Attorneys has continuously been recognized for its excellence inside the courtroom and in the San Diego community by reputable organizations like the Better Business Bureau, SuperLawyers, Martindale Hubbell, and the San Diego Business Journal. When your future depends on clearing your past, the quality of your legal team is the one thing you can control. Control it.

Frequently Asked Questions About Expungement in San Diego

How long does the expungement process take in San Diego?

It depends on the type of relief you are seeking. A straightforward misdemeanor expungement under PC 1203.4 typically takes four to eight weeks from filing in San Diego Superior Court. More complex matters, such as felony murder resentencing under PC 1172.6 or immigration-related vacatur under PC 1473.7, can take six months to over a year, particularly if the District Attorney opposes the petition and an evidentiary hearing is required.

Can a felony be expunged in California?

Yes, but it depends on the sentence. If you were convicted of a felony and placed on probation (without state prison time), you can petition for expungement under PC 1203.4. If the felony is a wobbler, you may first reduce it to a misdemeanor under PC 17(b) and then seek dismissal. If you served time in state prison, standard expungement is not available, but a Certificate of Rehabilitation or Governor’s pardon may be options.

Will an expungement show up on a background check?

The conviction will still appear in court records, but it will show as “dismissed” rather than “convicted.” Private employers in California generally cannot ask about or consider expunged convictions in hiring decisions under the Fair Chance Act. However, certain government agencies, law enforcement positions, and professional licensing boards may still have access to the full record.

Do I need a lawyer for an expungement?

You are not required to have an attorney, and San Diego does offer free legal clinics for basic expungement petitions. However, if your case involves a felony, a contested petition, immigration consequences, or any complexity beyond a straightforward misdemeanor dismissal, experienced legal counsel significantly improves your chances. The difference between a granted and denied petition often comes down to how the petition is prepared and presented.

Can I get my arrest record sealed if I was never convicted?

Yes. Under PC 851.91, you can petition to seal an arrest record if charges were never filed, the case was dismissed, or you were acquitted. California also has an automatic sealing process under PC 851.87, but many eligible records have not yet been processed. Filing a petition ensures the record is sealed on your timeline.

Does expungement restore my gun rights?

For misdemeanor convictions, expungement may restore firearm rights depending on the specific offense. For felony convictions, expungement under PC 1203.4 does not automatically restore the right to possess firearms. A reduction from felony to misdemeanor under PC 17(b) may restore firearm rights for some offenses, but certain convictions carry lifetime prohibitions regardless of expungement. A Governor’s pardon is the most comprehensive path to restoring firearm rights after a felony.

What is the difference between expungement and record sealing?

Expungement under PC 1203.4 applies to convictions. It withdraws the guilty plea and dismisses the case, but the court record still exists. Record sealing under PC 851.91 applies to arrests that did not result in conviction. It physically seals the arrest record so that it does not appear on most background checks. They address different situations and different records.

Ready to Clear Your Record in San Diego?

The bottom line is this: a criminal record does not have to control your future. California law provides real, effective tools to move forward, and our team knows how to use every one of them. Whether you completed probation years ago and never filed, or you are facing urgent immigration consequences right now, we are ready to fight for you.

Contact us today for a case evaluation. Protect your freedom. Protect your future. Know your rights.

References

1. 1. Penal Code, § 1203.4.↑ Penal Code, § 1203.4.
2. 2. Penal Code, § 1203.4a.↑ Penal Code, § 1203.4a.
3. 3. Penal Code, § 17, subd. (b).↑ Penal Code, § 17, subd. (b).
4. 4. Penal Code, § 1170.18.↑ Penal Code, § 1170.18.
5. 5. Penal Code, § 1473.7.↑ Penal Code, § 1473.7.
6. 6. Penal Code, § 851.91.↑ Penal Code, § 851.91.
7. 7. Penal Code, § 4852.01.↑ Penal Code, § 4852.01.
8. 8. Penal Code, § 1172.6.↑ Penal Code, § 1172.6.
9. 9. Penal Code, § 1203.43.↑ Penal Code, § 1203.43.
10. 10. Penal Code, § 1203.4, subd. (a) [“shall release the individual from all penalties and disabilities resulting from the offense of which the individual has been convicted”].↑ Penal Code, § 1203.4, subd. (a) [“shall release the individual from all penalties and disabilities resulting from the offense of which the individual has been convicted”].
11. 11. See Labor Code, § 432.7.↑ See Labor Code, § 432.7.
12. 12. See Penal Code, § 1203.425 [automatic conviction record relief].↑ See Penal Code, § 1203.425 [automatic conviction record relief].