Expungement Eligibility: What Felonies Qualify Under California Law?

If you have a past conviction, you may wonder what felonies can be expunged in California and if you qualify for a second chance. Expungement allows you to clean your record, giving you a real shot at better job opportunities, housing, and peace of mind. 

At Salhab Law, we help you move past old mistakes by guiding you through the process with care and precision. We know California’s expungement laws inside and out, and we are committed to helping you clear your name so you can focus on building a better future.

Understanding Expungement in California: Definition and Legal Basis (Penal Code § 1203.4)

Expungement in California is a process allowed by Penal Code § 1203.4. It gives people who have successfully completed probation the right to ask the court to dismiss their criminal conviction. If the court grants the expungement, the case is officially changed to show a dismissal instead of a guilty plea or verdict. Although the record still exists, it cannot be used against you by most employers, landlords, or licensing agencies.

This law gives people a second chance. It can remove major barriers that follow you after a conviction. While it does not erase the record completely, it makes a big difference in daily life, especially when trying to get a job or professional license.

Understanding what felonies can be expunged in California is critical. Only certain types of cases qualify, and you must meet all the legal requirements. At Salhab Law, we work closely with clients to review their records, explain the options, and handle all the paperwork and court appearances needed to complete the expungement process.

Differences Between Expungement, Record Sealing, and Pardons

It is easy to confuse expungement, record sealing, and pardons, but they are very different. Expungement changes your conviction to a dismissal. It clears up your criminal record for many purposes but does not erase the case from your history.

Record sealing, on the other hand, hides the record completely from public view. If you were arrested but never convicted, you may be eligible to seal the record so that it looks like the arrest never happened. This is a different legal process from expungement and is used in different situations.

A pardon is something completely separate. It is granted by the governor. It does not remove the conviction, but it restores certain rights, like the right to own a firearm or to avoid some immigration consequences. Pardons are much harder to get and involve a different process than expungement or record sealing.

When you are trying to figure out what felonies can be expunged in California, you have to know which option fits your situation. We help clients sort through these differences and find the fastest, most effective path to clearing their record.

Eligibility Criteria for Expungement

Not every case is eligible for expungement. California law is very specific about who qualifies. Here are the main rules:

First, you must have completed probation successfully. This means you followed all the rules set by the court — paid your fines, finished community service, took all required classes, and stayed out of trouble during your probation period.

Second, you cannot be currently facing any new charges. If you have an open criminal case or are on probation for another offense, the court will automatically deny your expungement request.

Third, you cannot have gone to state prison for your conviction unless it qualifies for relief under realignment laws (this usually applies to non-violent, non-serious felonies that now qualify for county jail under AB 109).

If you are trying to find out what felonies can be expunged in California, the first step is checking if you meet these three basic rules. We know the details of California expungement law inside and out and can quickly tell you if you qualify — and if not, we can help you plan the next steps to fix it.

Felonies Eligible for Expungement

Some felonies in California can be expunged, but not all. Generally, felonies that are classified as "wobblers" are the best candidates. Wobblers are crimes that could be charged either as misdemeanors or felonies, depending on the circumstances of the case and the prosecutor’s decision.

Examples of wobbler felonies include petty theft with a prior, assault with a deadly weapon, certain fraud offenses, and possession of controlled substances. If you were convicted of a wobbler, the court may allow you to first reduce the felony to a misdemeanor under Penal Code § 17(b). After the reduction, you can apply for expungement.

In some cases, even if the felony is not a wobbler, you might still have options under newer laws like Proposition 47, which reclassified some felonies as misdemeanors retroactively. That law mainly applies to non-violent property and drug crimes.

Knowing what felonies can be expunged in California depends heavily on how your crime was originally charged and whether the laws have changed since your conviction. We take the time to review your entire record, check for any changes in the law that apply to your case, and file all necessary motions to get your felony reduced and dismissed whenever possible.

At Salhab Law, we do not just fill out forms. We build a strategy around your specific case to maximize your chances of clearing your record and moving forward with your life. We make sure no detail is missed and fight to get the best result for you.

Felonies Not Eligible for Expungement

List of Ineligible Offenses

When asking "what felonies can be expunged in California," it is just as important to know what cannot. Certain crimes are ineligible no matter how much time has passed or how much someone has turned their life around.

Offenses that cannot be expunged in California include:

• Serious violent crimes like murder and kidnapping.

• Sex offenses that require registration under Penal Code 290.

• Crimes involving minors such as lewd acts with a child.

• Felonies where state prison time was served, in most cases.

• Some vehicular offenses involving injury or death.

  
  

These are considered too serious to allow removal from public record. In cases like these, other forms of relief like Certificates of Rehabilitation may be more appropriate.

At Salhab Law, we always make sure our clients know upfront whether their record can truly be cleared. If you are unsure about what felonies can be expunged in California, we can walk you through it during a consultation.

Explanation of Why These Offenses Are Excluded

You might wonder, if the goal of expungement is to help people move forward, why are some crimes excluded? The answer ties back to public safety and the seriousness of certain offenses.

The state of California sees crimes like murder, sexual assault, and child abuse as breaches of public trust that are too great to erase. Protecting communities outweighs giving individuals a fresh start in these cases. When considering what felonies can be expunged in California, lawmakers decided that certain offenses must stay visible to employers, licensing boards, and the public.

We at Salhab Law are honest with our clients. If your conviction falls under an ineligible category, we can still explore other options to reduce the impact on your future.

The Expungement Process

Steps to File a Petition

Once you understand what felonies can be expunged in California, the next step is knowing how to actually get it done. Expungement is not automatic—you have to ask the court for it.

The basic steps are:

• Gather all records related to your case.

• File a formal motion to petition for dismissal.

• Serve a copy of the petition to the prosecutor’s office.

• Attend a hearing, if required, and present your case.

  
  

While the process might seem simple, small mistakes can delay or even ruin your chances. We at Salhab Law prepare every detail correctly the first time so your case moves smoothly.

Role of the Court and Possible Outcomes

When you file a petition, the court will review your criminal history, whether you completed probation successfully, and whether granting an expungement serves the interests of justice.

If the judge grants your petition, your plea of guilty or no contest is set aside, and the case is dismissed. This means you can honestly say you have not been convicted of that crime in most situations.

However, if the court finds you did not meet the criteria tied to what felonies can be expunged in California, the petition can be denied. Having professional representation can tip the balance in close cases.

That is where we at Salhab Law come in. We present your case in the best possible light to maximize your chance of success.

Potential Need for Legal Assistance

Technically, you can file for expungement on your own. But just because you can doesn't mean you should! Errors in filing, missing deadlines, or failing to present your best case can lead to unnecessary denials. Even attorneys make errors in court that can result in delays or even cause a petition to be denied.

When you are dealing with something as important as clearing your record, it pays to have legal help. We at Salhab Law know what felonies can be expunged in California and have successfully helped hundreds of clients through the process.

Benefits of Expungement

Improved Employment Opportunities

One of the biggest reasons people seek expungement is better job prospects. Many employers run background checks, and having a dismissed case instead of a conviction can make all the difference.

When you wonder what felonies can be expunged in California, think about how much smoother your job search could be without old charges holding you back.

We at Salhab Law have seen firsthand how a successful expungement opens new career doors for our clients.

Enhanced Housing Prospects

Landlords often do background checks too. A past felony conviction can disqualify you from many rental opportunities.

Clearing your record gives you a much better shot at finding quality housing. Knowing what felonies can be expunged in California can be your first step toward a fresh start in a new home.

We guide you through every step because we know how important stable housing is for building a new life.

Restoration of Certain Rights

Expungement does not automatically restore all rights, but it can make a difference. For example, you can serve on a jury again, and you may qualify for professional licenses that were previously out of reach.

When we explain what felonies can be expunged in California, we also help clients understand how their civic and professional lives can improve after expungement.

At Salhab Law, we believe everyone deserves a second chance and we fight hard to help you get yours.

Limitations and Considerations

Expunged Records May Still Be Accessible to Certain Agencies

Even after a successful expungement, some government agencies and law enforcement groups can still view your original conviction. Expungement does not erase your record completely.

Understanding what felonies can be expunged in California also means knowing the limits. We at Salhab Law make sure our clients have realistic expectations about how expungement can and cannot help.

Expungement Does Not Restore Firearm Rights

Many people assume that expungement restores the right to own firearms. It does not. Separate legal steps are required to try to restore those rights.

This is an important part of understanding what felonies can be expunged in California, and we make sure our clients do not have false expectations.

Impact on Immigration Status

Expungement does not erase immigration consequences. If your conviction makes you deportable or inadmissible, clearing your record may not protect you.

Knowing what felonies can be expunged in California is critical, but immigration matters add another layer of complexity. We often work with immigration attorneys to protect our clients' futures when necessary.

At Salhab Law, we do not just check boxes—we think strategically about your whole future.

Your Next Step Toward a Fresh Start

When you are wondering what felonies can be expunged in California, it is important to understand that not every conviction qualifies. We at Salhab Law will guide you through every step, ensuring you do not waste time on guesswork. Clearing your record can open new opportunities in work, housing, and life. If you are serious about moving forward, reach out to us. Let us talk about your case and find out what is possible for you under California law.

FAQs:

What is expungement under California law? 

Expungement in California allows individuals to petition the court to dismiss certain convictions. This process can alleviate barriers to employment, housing, and licensing by legally setting aside the conviction. Expungement does not erase the conviction from one's criminal record. Instead, it updates the record to show the conviction was dismissed. The conviction may still be considered in certain contexts, such as licensing by specific licensing boards.

Which felonies are eligible for expungement in California? 

Felonies considered "wobblers" (offenses chargeable as either misdemeanors or felonies) may be eligible for expungement. Examples include certain theft or drug offenses. Eligibility often requires that the felony be reduced to a misdemeanor before expungement.

What are the eligibility criteria for expungement? 

Eligibility typically requires the individual to have completed probation, not be currently charged with or serving a sentence for another offense, and not have served time in state prison for the conviction in question.

Are there felonies that cannot be expunged? 

Yes, certain serious felonies, such as those requiring sex offender registration or involving serious violence (e.g., murder), are not eligible for expungement under California law.

How does the expungement process work? 

The process involves filing a petition with the court where the conviction occurred. If the court grants the expungement, the conviction is dismissed, and the individual is released from many penalties associated with the conviction.