For many years, people who served a state prison sentence in California were told that expungement simply was not an option for them. Relief was largely limited to people who received probation. That has changed. Newer laws now allow many people who completed a prison sentence to petition the court to dismiss their conviction. If you live in Anaheim and have been held back by an old felony, you may have more options than you realize.
What Does Expungement Mean in California?
An expungement does not destroy your record. Instead, the court allows you to withdraw your plea or set aside the guilty verdict, and the case is dismissed. Your record is updated to show the dismissal. In most situations, you can then legally say you have not been convicted when applying for private-sector jobs.
Which Laws Allow Expungement After a Prison Sentence?
California offers several paths depending on how and when you were sentenced:
- Penal Code 1203.4: The traditional expungement statute for people who were granted probation
- Penal Code 1203.41: Originally created for people sentenced to county jail under realignment, this law was expanded by Senate Bill 731, effective July 1, 2023, to include many people sentenced to state prison
- Penal Code 1203.42: Relief for people sentenced to state prison before 2011 for felonies that would now be served in county jail
Who Qualifies for Expungement After State Prison?
Under the expanded law, you may be eligible if:
- You have completed your sentence, including any parole or supervision
- At least four years have passed since you finished your sentence
- You have not been convicted of a new crime during that time
- You are not currently charged with a crime, on probation, or serving a sentence
Convictions that require sex offender registration are excluded, and other serious offenses may face additional limits. Even when you qualify, the judge has discretion to grant or deny the petition. Evidence of rehabilitation, such as steady employment, education, community service, and family support, can make a strong difference.
What Expungement Does and Does Not Do
A dismissal can open doors, but it has limits. It can help you:
- Answer "no" to conviction questions for most private employers
- Improve your chances for housing and educational opportunities
- Move forward with less stigma
It does not:
- Restore firearm rights for a felony conviction
- Remove the conviction from consideration by state licensing agencies
- Prevent the conviction from being used as a prior or strike in a future case
Are There Other Options for Cleaning Up Your Record?
Yes. Depending on your situation, you may also benefit from:
- Certificate of Rehabilitation: A court order declaring you rehabilitated, which can lead to a recommendation for a governor's pardon
- Felony reduction: Some wobbler offenses can be reduced to misdemeanors
- Prop 47 reclassification: Certain theft and drug felonies may qualify to be reduced to misdemeanors under Prop 47
- Automatic record sealing: Some older convictions may qualify for relief under California's Clean Slate laws
An attorney can review your full criminal history to determine which combination of remedies will help you most.
Take the Next Step With an Anaheim Expungement Attorney
You have paid your debt to society, and your record should reflect the progress you have made. Attorney Michael L. Fell has extensive experience with felony and misdemeanor expungements, Certificates of Rehabilitation, and other record relief. Review our case results, then call Law Office of Michael L. Fell at (949) 585-9055 today for a free consultation.