What does expungement not do?

    Expungement DOES NOT remove the offense from your criminal history—it will still show up on your RAP sheets, but it will show that the conviction was dismissed.[2996]
    Expungement DOES NOT seal the court file from public access, so someone can still see the conviction if they look up court records from your case.[2997]
    If you face criminal charges in the future, the expunged conviction still counts as a prior conviction;[2998]
    Under California’s 3 Strikes law, the expunged conviction still counts as a “strike” if the underlying offense was a “strike.” This means the expunged conviction can still count against you if you have a new criminal case under the 3 Strikes law.[2999]
    Expungement does NOT restore your right to possess a firearm if you lost this right due to your conviction. This means you can still be charged with “felon in possession” offenses if the conviction caused you to lose your gun rights.[3000]
    If your conviction required you to register as a sex offender, you will still have to register after the conviction is expunged.[3001]
    Expungement will NOT prevent the DMV from suspending or revoking your driver license based on the underlying offense.[3002]
    You will still have to disclose your conviction when applying for certain types of jobs, such a law enforcement or working with children, and employers in these areas can still consider your expunged conviction when deciding whether to hire you. (For more information, see the EMPLOYMENT CHAPTER, on PG. 571.)
    You will still have to disclose your conviction when applying for government-issued licenses (such as professional or occupational licenses or certificates), and licensing agencies can still consider an expunged conviction when deciding whether to issue you a license.[3003] However a professional or occupational licensing board CANNOT deny your license based solely on a conviction that was expunged.[3004] (For more information, see the EMPLOYMENT CHAPTER, on PG. 601.)
    Expungement does NOT restore your right to hold public office if you lost this right due to your conviction.[3005]
    Expungement does NOT remove the immigration consequences of your conviction, so Immigration & Customs Enforcement (ICE) can still use the expunged conviction for removal or exclusion.[3006] Talk to an immigration attorney for help if you have this issue!
  1. 2996

    Cal. Penal Code § 1203.4.

  2. 2997

    See, e.g., People v. Sharman, 17 Cal. App. 3d 550 (Ct. App. 1971);

  3. 2998

    Cal. Penal Code § 1203.4(a)(1).

  4. 2999

    Cal. Penal Code § 1203.4(a)(1) (“However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed.”)

  5. 3000

    Cal. Penal Code §§ 1203.4(a)(2), 29800 et seq.

  6. 3001

    Cal. Penal Code § 290.007 (“Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5.”).

  7. 3002

    Cal. Penal Code §§ 1203.4; Cal. Veh. Code § 13555.

  8. 3003

    Cal. Penal Code § 1203.4(a)(1).

  9. 3004

    Cal. Bus. & Prof. § 480(a)(1).

  10. 3005

    Cal. Penal Code § 1203.4(a)(3).

  11. 3006

    Frequently Asked Questions, LA County Public Defender Office, http://pd.co.la.ca.us/faqs_Expungement.html; Expungement (PC1203.4/1203.4a), Office of the Public Defender for San Diego County, http://www.sandiegocounty.gov/public_defender/expungement.html.