CHART: Which type of expungement am I eligible for?

Remember, you are NOT eligible for expungement if you spent time in STATE PRISON for your conviction, or if your conviction is for any of the offenses that are NEVER eligible for expungement (see PG. 960).

Requirement

MANDATORY (Situation 1—Probation)

MANDATORY (Situation 2—NO probation)

DISCRETIONARY

DISCRETIONARY (Realignment Felony)

Here is a list of requirements that you must meet for each type of expungement:

What type of conviction did you have?

Misdemeanor or felony “wobbler”

(But NOT for an offense that is never eligible)

Infraction or misdemeanor

Infraction, misdemeanor, or felony “wobbler”—including violations of Vehicle Code § 12810(a)-(e) (serious traffic violations)

(But NOT for other offenses that are never eligible.)

Realignment felony (county jail felony)

Did your sentence include probation?

YES

NO

YES

(does not matter)

Did you successfully complete ALL probation and/or sentencing requirements (including fine payments)?[3039]

If you were discharged at end of your probation term (not early)—YES

If you were discharged early from probation—NO

YES

NO (and you did NOT receive early discharge)

YES

NOT currently serving another sentence, on probation/parole, or charged with another offense

YES

YES

YES

YES

How much time has passed since your conviction?

(no waiting period)

1 year

(no waiting period)

* 1 year if split sentence

* 2 years if straight sentence

  1. 3039

    See PG1053. In light of the decision in People v. Seymour, Case No. H040560 (Santa Clara County, Super. Ct. No. CC955665), it is unclear whether you can be denied mandatory expungement because of unpaid fines and reimbursements. However, you cannot be denied mandatory expungement because you still owe victim restitution.