Expungement Eligibility Test

State Court:  Cases that are prosecuted by the District Attorneys Office, City Attorney’s Office or California Attorney General’s Office are filed in State Court.  If your charges are based on California Law, this will be a State Court case.

Federal Court:  Cases that are prosecuted by the United States Attorney’s Office are filed in Federal Court.  If your charges are based on Federal Law, this will be a Federal Court case.

If you are currently on probation, parole or are pending charges in a new case, the court will require you to wait until those are finished before ruling on our motion.

• Vehicle Code 42001(b)
• Penal Code 286(c)
• Penal Code 288
• Penal Code 288a(c)
• Penal Code 288.5
• Penal Code 289(j)
• Penal Code 261.5(d) as a felon

If you don’t know your case information, we can research it for you for a fee of $199

1. 20001
2. 20002
3. 23152
4. 23153
5. 23103
6. 191.5(b)
7. 192(c)
8. 2800.2
9. 2800.3
10. 21651(b)
11. 22348(b)
12. 23109(a)
13. 23109(c)
14. 23109.1
15. 31602
16. 23140(a)
17. 23140(b)
18. 14601, 14601.1, 14601.2, 14601.3, 14601.5

If you don’t know your case information, we can research it for you for a fee of $199

It is a common misconception that felony convictions cannot be expunged. As long as the requirements are met for expungement, felonies are not necessarily excluded simply because they are felonies.

There are 2 types of probation: Formal and Informal. Formal probation requires that you check in monthly with your probation officer while informal probation is monitored by the court. With informal probation you would have had to complete certain obligations such as community service or pay a fine and the progress of these would be reported by you to the Judge or clerk’s office.

A probation violation requires a finding after a probation violation hearing or an admission to a violation of probation by the defendant. Grounds for violation would be picking up a new case/arrest or failing to complete an obligation ordered by the court.

A misdemeanor is defined as an offense where the maximum amount of time a defendant can be sentenced to is up to 1 year in the county jail.

If you were placed on probation and probation has not yet ended, you may petition the court to terminate your probation early and you would then be eligible for expungement.

Violating probation does not necessarily exclude you from expungement eligibility. We would need to provide the Judge with a declaration of good cause to establish why granting the petition would be in the interests of justice.

The sentencing date is the date that you entered your guilty or no contest plea and the Judge imposed the punishment.