What types of convictions can be expunged?
Under the law, only certain types of convictions can be expunged. Generally, the following types of convictions qualify for expungement (a dismissal):
- The CONVICTION is for: an Infraction; a misdemeanor, or a felony “wobbler” (with NO prison time);
AND
- The SENTENCE imposed was: county jail time; probation; a fine; or a combination of these.[3013]
This means that as long as you were sentenced only to pay a fine, serve a term of probation, OR serve time in county jail—even for a felony “wobbler”—your conviction may be eligible for expungement.
IN ADDITION, you must meet the following requirements for your conviction to be eligible for expungement. In general, these requirements are:
- You did NOT spend any time in prison for the offense; AND
- You are OFF probation or other type of supervision; AND
- You are NOT currently charged with, serving a sentence for, or on a term of supervision for another offense.
PLEASE NOTE: Certain convictions are NEVER eligible for expungement (see the next question). Also, if you are at least half-way through probation, you may be able to request to get off early. Learn more on PG. 201.
For information more information about the types of California expungement, see PG. 962.
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IMPORTANT: You must be OFF PROBATION or any other form of supervision to be eligible for expungement![3014] If you are still on probation and want to get your conviction expunged, you must first ask a judge to grant you early release (“early discharge”) from probation BEFORE requesting an expungement. For more information on requesting early release from probation, see PG. 966.