A criminal conviction does not have to define the rest of your life. California law offers several powerful tools for post-conviction relief — including expungements, felony reductions, and record sealing — that can clear your record, restore opportunities, and protect your future.
At Earl Carter Law in Riverside, California, we work with clients not just to defend against current charges, but to help them move forward after a conviction. This article explains California’s main post-conviction relief options, who qualifies, and what the process looks like.
What Is an Expungement and How Does It Work?
An expungement is a legal process that allows a person with a criminal conviction to have that conviction dismissed from their record. In California, expungements are governed by Penal Code Section 1203.4, which applies to certain misdemeanor and felony convictions that resulted in probation, not state prison sentences.
When a court grants an expungement, it withdraws the plea or verdict, re-enters a not guilty plea, and dismisses the case. The conviction is removed from most public-facing background checks, which can significantly improve a person’s ability to secure employment, housing, and professional licenses.
However, there are important limitations. An expungement does not seal your record entirely. It may still appear in certain government background checks, and it does not restore firearm rights or eliminate the requirement to register as a sex offender.
Who Qualifies for an Expungement in California?
Qualifying for an expungement requires meeting several conditions. You must not currently be on probation, on parole, or serving a sentence for any offense. You must have completed all the terms and conditions of your probation, including any fines, fees, classes, or community service required. And you must not currently be charged with a new offense.
Eligibility does not guarantee approval. Courts retain discretion in granting or denying expungements, and in practice, most judges want to see a meaningful track record of law-abiding behavior before they will consider granting relief. Several years of clean conduct following the completion of probation significantly increases the likelihood of a successful petition.
It is also worth noting that DUI convictions are among the most difficult offenses to expunge. Even though a DUI may only be a misdemeanor, courts are reluctant to clear these convictions without substantial evidence of rehabilitation and a lengthy period without further criminal conduct.
Felony Reductions Under Penal Code 17B
Not all felony convictions are permanent. Under California Penal Code Section 17B, certain “wobbler” offenses — crimes that can be charged as either a felony or a misdemeanor — can be reduced to misdemeanors after conviction.
This reduction can happen at different stages of the legal process. In some cases, a skilled defense attorney can negotiate a reduction as part of a plea agreement before sentencing, so that the defendant pleads guilty to a misdemeanor rather than a felony from the outset. In other cases, the reduction is sought during or after probation, once the defendant has demonstrated good behavior and compliance.
Reducing a felony to a misdemeanor has significant practical benefits. It removes the “felony” designation from your record, which can restore certain rights and dramatically improve your standing in the eyes of employers, landlords, and licensing boards. In many cases, a 17B reduction is also a prerequisite for pursuing an expungement.
Record Sealing: A More Complete Form of Relief
Beyond expungements and reductions, California has expanded its record-sealing laws in recent years, offering a more comprehensive form of post-conviction relief for eligible individuals.
When a record is sealed, the criminal conviction is shielded from public access and does not appear on most background checks — including those conducted by employers and landlords. Unlike an expungement, which dismisses the conviction while keeping some record of it, sealing effectively removes it from public view.
Record sealing is particularly valuable for individuals who have completed their sentences, stayed out of trouble, and are now seeking to rebuild their professional and personal lives. The specific eligibility requirements and procedures vary depending on the nature of the offense and the individual’s history, which is why consulting with an attorney is essential before pursuing this option.
The Immigration Consequences of a Criminal Conviction
For non-citizens living in California, the consequences of a criminal conviction go far beyond fines and jail time. A conviction — even for a misdemeanor — can trigger immigration consequences that include denial of green card applications, revocation of existing visas, ineligibility for citizenship, and in serious cases, deportation.
Federal immigration law is separate from California criminal law, and California courts do not have authority over immigration outcomes. This means that even if your criminal case is resolved favorably in state court — through a plea to reduced charges, probation, or an expungement — the underlying conviction may still create immigration consequences under federal law.
If you are not a U.S. citizen and you are facing criminal charges, it is critical that your criminal defense attorney understands the immigration implications of any proposed plea deal or resolution. The consequences of not addressing this proactively can be life-altering and permanent.
When to Pursue Post-Conviction Relief
If you have a criminal conviction on your record that is affecting your employment, housing, professional licensing, or immigration status, the time to explore your options is now. Many people wait years before realizing that relief is available to them — and that delay costs them opportunities they could have reclaimed much sooner.
The process of pursuing an expungement, reduction, or record sealing requires a properly filed petition, supporting documentation, and in many cases, a court hearing. Having an attorney guide you through that process significantly improves your chances of success and helps you avoid procedural errors that can delay or derail your petition.
Post-conviction relief is not a guaranteed outcome. But for eligible individuals with a genuine commitment to moving forward, it can be one of the most meaningful legal steps available.
