If you were convicted of a felony and were sentenced to jail or probation, (not prison), under Penal Code 1203.4 or 1203.4a, the plea of guilty or nolo contendre to a felony offense is vacated and if the offense is a wobbler the offense is first reduced to a misdemeanor, a plea of not guilty is then entered. The offense is then dismissed.
A wobbler is a felony that can be charged as either a misdemeanor or a felony. Click Wobbler in the menu bar to see a list of offenses that are wobbler’s reducible to a misdemeanor.
If the offense is not a wobbler, under Penal Code 1203.4, the offense will be expunged as a felony and dismissed. Your firearms rights will not be restored and other measures must be taken to do this.
Under title 2 California Code of Regulations section 11017(d), an employer cannot inquire about an arrest related to an expunged conviction. Such an expunged conviction need only be disclosed when the person applies for government employment or a government issued license.
An expungement pursuant to Penal Code 1203.4 will not restore firearms rights or remove the requirement for sex offender registration.
An expungement will not restore a revoked driver’s license.
A felony expungement will not apply to the following charges: Penal Code 288, 288(a), 288.5, 289(j), or 261.5(d). Only a governor’s pardon will eliminate these charges.
Note: If probation was not granted, a period of one year must have elapsed since the pronouncement of judgment.
To qualify for expungement, you must be off probation and cannot have any active cases or arrests.