SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Expungement and Record Clearing in San Bernardino
A past case can keep showing up on background checks long after the sentence is over. California offers several ways to clear or reduce a record, and the right one depends on how the case ended.
What “expungement” means in California.
In California, “expungement” usually refers to a dismissal under Penal Code § 1203.4 or a related section. The court allows the guilty or no-contest plea to be withdrawn, or sets aside the verdict, and dismisses the case. You are then released from most penalties and disabilities of the conviction.
A dismissal does not erase the record, and the law keeps some consequences in place:
- The conviction can still be used as a prior in a later prosecution.
- You must still disclose it when directly asked on an application for public office, for state or local licensing, or for a California State Lottery contract.
- It does not restore firearm rights or end an unexpired criminal protective order.
- Certain Vehicle Code consequences continue, and immigration consequences should be reviewed separately.
Even with those limits, a dismissal can help with private employment background checks and gives you a more accurate way to describe your history.
Matching the remedy to how your case ended.
Probation cases: § 1203.4
If you were granted probation and completed it, or were discharged early, you may petition for dismissal, provided you are not currently serving a sentence, on probation, or charged with an offense. If there were problems on probation, the court can still grant relief in its discretion and the interest of justice. Unpaid restitution cannot be the reason a petition is denied. Some offenses, including several sex offenses listed in subdivision (b), are excluded.
No probation: § 1203.4a
For a misdemeanor where probation was not granted, or an infraction, relief is available one year after judgment if you completed the sentence and meet the section’s conditions. The court has discretion to grant relief even if not every condition is met.
County jail felonies: § 1203.41
For felonies sentenced under § 1170(h), the court may grant discretionary relief one year after completing a split sentence with mandatory supervision, or two years after completing a straight county jail term. Certain state prison sentences can also qualify after two years, unless the offense requires sex offender registration.
Felony reduction: § 17(b)
If your felony was a wobbler and you were granted probation, the court may declare it a misdemeanor, either at sentencing or later on application. The offense then becomes a misdemeanor for all purposes. Reduction is often requested together with a dismissal petition.
| Code section | Why it matters |
|---|---|
| Penal Code § 1203.4 | Dismissal after probation, mandatory or in the interest of justice; lists excluded offenses and continuing consequences. |
| Penal Code § 1203.4a | Dismissal for misdemeanors without probation and for infractions, generally one year after judgment. |
| Penal Code § 1203.41 | Discretionary dismissal for felonies sentenced under § 1170(h) and certain state prison sentences, after a waiting period. |
| Penal Code § 17 | Subdivision (b) allows a wobbler felony to be declared a misdemeanor for all purposes, including after probation is granted. |
| Penal Code § 1203.425 | Automatic conviction relief granted by the Department of Justice for eligible records, subject to exclusions and objection. |
| Penal Code § 851.91 | Petition to seal an arrest that did not result in a conviction; generally available as a matter of right. |
| Penal Code § 4852.01 | Who may petition for a certificate of rehabilitation and pardon, and which persons and offenses are excluded. |
Automatic relief, arrest sealing, and rehabilitation.
Automatic relief: § 1203.425
The California Department of Justice reviews its records monthly and grants relief automatically to some people with convictions on or after January 1, 1973. That can include completed probation cases, misdemeanors and infractions one year after judgment, and many felonies four years after completing supervision with no new felony. Serious and violent felonies and registrable offenses are excluded from the felony category, and the prosecutor or probation department may petition to block relief on public safety grounds. Because relief depends on the state’s electronic records, it is worth confirming whether yours was actually granted.
Arrests without a conviction: § 851.91
If an arrest did not lead to a conviction, because no charges were filed before the limitations period ran, the case was dismissed and cannot be refiled, or you were acquitted, you can petition to seal the arrest. Eligible petitioners are generally entitled to sealing as a matter of right, with exceptions for certain patterns of domestic violence, child abuse, or elder abuse arrests.
Certificate of rehabilitation: § 4852.01
For many felony convictions, you may petition the court for a certificate of rehabilitation and pardon. Under § 4852.03, the waiting period is generally five years of California residence plus two more years, and longer for some offenses. Certain offenses are excluded.
Filing in San Bernardino County.
Petitions are generally filed with the San Bernardino Superior Court in the case where the conviction occurred, and the San Bernardino County District Attorney receives notice and may respond. For a § 1203.4 petition, the prosecution must receive 15 days’ notice. See the San Bernardino Superior Court for forms and locations.
James M. Glick has practiced criminal defense since 1974 and handles about 99% of his cases in San Bernardino County. Useful documents include your case number, the sentencing minute order, proof of completed probation or classes, and a current copy of your record.
Common record-clearing questions
Does expungement remove my conviction from my record?
No. A dismissal under Penal Code § 1203.4 updates the record to show the case was dismissed, but the record still exists. The conviction can be used as a prior in a later case, and you must disclose it when directly asked on applications for public office, state or local licensing, or a State Lottery contract. It can still help with many private employers.
Can a felony be expunged in California?
Often, yes. If you received probation, § 1203.4 may apply. If you were sentenced to county jail under § 1170(h), or in some cases state prison, § 1203.41 allows discretionary relief after a waiting period. If the felony was a wobbler and probation was granted, you may also ask the court to reduce it to a misdemeanor under § 17(b).
Can I get an expungement if I still owe restitution?
Unpaid restitution or a restitution fine cannot be the reason a petition under § 1203.4 or § 1203.4a is denied, and it cannot be used to find that you failed to complete probation. The restitution obligation itself does not go away, and other eligibility requirements still apply.
Did I already receive automatic relief?
Possibly. Under § 1203.425, the Department of Justice reviews records monthly and grants relief to eligible convictions without a petition, if the needed information is in its electronic records. Older or incomplete records may not qualify automatically. Reviewing a current copy of your record is the reliable way to confirm, and a petition may still be needed.
Does expungement restore my gun rights?
No. A dismissal under § 1203.4 or § 1203.4a does not permit you to own or possess a firearm if the conviction made you ineligible. Whether any other remedy, such as a felony reduction or a pardon, affects firearm eligibility depends on the specific conviction and on both state and federal law. This question deserves a careful, case-specific review before you act.
Find out which option fits your record.
Tell the office about the case you want to clear and how it ended. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.