Under California Penal Code section 1203.4, you may be eligible for expungement of a prior conviction where the conditions of probation have been satisfied (i.e. you paid court-ordered fines and costs and did anything else you were ordered to do) if: 1) you are not now serving a sentence for any offense, 2) your are not now on probation for any offense, and 3) you are not now charged with committing any offense. The petition for relief must be filed in the same court where the criminal case was heard. Unless you qualify for a fee waiver, you will have to pay an administrative fee to the court. There are a few offenses that are ineligible for expungement relief, but it doesn't sound like your prior conviction is one of them, so you should qualify. Please note that the relief granted by Penal Code section 1203.4 does not seal, destroy, or remove any entries from the court, law enforcement, or Dept. of Justice records, but is a dismissal of the charges and convictions. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Feb 15th, 2012 at 1:16 PM