Expungement Timeline & Process FAQ

Under California Penal Code Section 1203.4, you can file for expungement immediately after successfully completing all terms and conditions of probation. There is no mandatory waiting period once probation is complete. The moment you fulfill your final probation requirement—whether paying the last fine installment, completing your final community service hour, or reaching the end date of your probation term—you become eligible to file your expungement petition. Many individuals file their petitions on the same day probation officially terminates or within days thereafter.

However, it's important to verify with the court that probation has been formally terminated and that all conditions have been satisfied before filing. Some counties have automated systems that terminate probation on the scheduled end date if no violations are pending, while others require a formal court order or probation officer confirmation. If you're uncertain whether probation is complete, you can request a compliance letter from your probation officer or obtain a certified minute order from the court showing termination. While you can file immediately upon completion, some attorneys recommend waiting a short period to ensure all final documentation is properly processed in the court system.

California law does not impose a mandatory waiting period for expungement under PC 1203.4 after you complete probation. Unlike some other states that require you to wait several years after completing your sentence before seeking expungement, California allows you to file immediately upon successful completion of all probation terms. This is one of the significant advantages of California's expungement law. However, there are situations where timing considerations become important.

First, if you want to petition for early termination of probation under PC 1203.3 before the scheduled end date, courts typically prefer that you have completed at least one year of probation for misdemeanors or two years for felonies, though this is not a strict legal requirement. Second, if you violated probation, you generally cannot petition for expungement until the violation is resolved, probation is reinstated, and you successfully complete the remaining term. Third, you must not be currently charged with any criminal offense, on probation for another case, or serving a sentence when you file for expungement. Fourth, for certain convictions that were not granted probation, such as some infractions or misdemeanors under PC 1203.4a, there may be specific statutory waiting periods—typically one year from the date of conviction.

Yes, California Penal Code Section 1203.3 allows you to petition the court for early termination of probation, which then enables you to immediately file for expungement under PC 1203.4. Early termination is a two-step process: first, the court grants your petition to end probation before its scheduled completion date; second, once probation is terminated, you file a separate petition for expungement. Courts have discretion to grant or deny early termination based on several factors including your compliance with probation conditions, the amount of probation time you've completed, the nature and circumstances of your offense, your criminal history, evidence of rehabilitation, and whether early termination would pose a risk to public safety.

While there's no strict minimum time requirement, courts typically expect you to have completed a substantial portion of probation—often at least one year for misdemeanors and two years for felonies. You must also have completed all court-ordered programs, paid all fines and restitution (or be current on payment plans), and not have any pending violations. The prosecution will be notified of your petition and may oppose it, particularly in cases involving violence, victim impact, or if you've had compliance issues. Successfully obtaining early termination requires demonstrating that you've been rehabilitated and that continuing probation is no longer necessary.

An expungement hearing under PC 1203.4 is a court proceeding where a judge determines whether to grant your petition to dismiss your conviction. Not all expungement petitions require a hearing; in many uncontested cases where you clearly meet the eligibility requirements and the prosecutor does not oppose, the judge may grant the petition based on the written submissions alone. However, if a hearing is scheduled, you must appear in court on the scheduled date and time, either personally or through your attorney if you've hired legal representation.

The judge will review your petition, supporting declaration, and any evidence of rehabilitation you've submitted. If the prosecutor has filed an opposition, they will present arguments against granting expungement. You or your attorney will have the opportunity to respond and present arguments in favor of granting the petition, emphasizing your rehabilitation, compliance with probation, and how expungement will benefit your life. The judge may ask you questions about your current circumstances, employment, family situation, or plans for the future. Finally, the judge will make a ruling either granting or denying the petition. If granted, the court will issue an order withdrawing your guilty or no contest plea, entering a not guilty plea, and dismissing the case.

Whether you need to appear in court for your expungement petition depends on several factors, including the county where you're filing, whether the prosecutor opposes your petition, and the specific court's local rules. In many California counties, if your petition is straightforward and uncontested—meaning the prosecutor does not file an opposition—the judge may grant the expungement based solely on the written petition and supporting documents without requiring a court appearance. This is particularly common for misdemeanor convictions where you clearly completed all probation requirements and have no subsequent criminal history.

However, if the prosecutor files an opposition to your petition, or if the judge has questions or concerns, a hearing will typically be scheduled and you'll be required to appear. Some counties routinely schedule hearings for all expungement petitions regardless of whether there's opposition. If you've hired an attorney to handle your expungement, they can often appear on your behalf under Penal Code Section 977, which allows attorneys to represent defendants in misdemeanor proceedings without the defendant being present. For felony expungements, courts more frequently require personal appearance. When a hearing is scheduled, appearing personally can be beneficial, as it allows you to demonstrate your rehabilitation and commitment to moving forward positively.

Submitting strong supporting evidence with your expungement petition significantly increases the likelihood of approval, particularly in contested cases or for more serious offenses. While the basic petition forms and your declaration are required, additional evidence helps demonstrate your rehabilitation and why you deserve relief. First, include proof of probation completion, such as a letter from your probation officer or a certified court minute order. Second, provide certificates of completion for any court-ordered programs, including anger management, substance abuse treatment, domestic violence counseling, or community service.

Third, include employment records such as a letter from your employer describing your job position, performance, and reliability. Fourth, educational achievements like diplomas, degrees, or certificates demonstrate your commitment to self-improvement. Fifth, character reference letters from employers, teachers, counselors, clergy members, or community leaders who can attest to your character are valuable. Sixth, evidence of community involvement such as volunteer work or participation in organizations shows you're a productive member of society. Finally, a personal declaration explaining how the conviction has negatively impacted your life and how expungement will help you move forward can be compelling.

If your expungement petition under PC 1203.4 is denied, you have several options depending on the reason for denial. First, understand why the petition was denied by reviewing the court's written order, which should explain the basis for denial. Common reasons include failure to complete all probation requirements, current criminal charges or probation in another case, ineligibility due to the type of conviction or sentence served, insufficient evidence of rehabilitation, or judicial discretion based on the seriousness of the offense.

Second, if the denial was based on a correctable issue—such as missing documentation proving you completed probation or paid all fines—you can cure the deficiency and file a new petition. There's generally no limit on how many times you can petition for expungement. Third, if the denial was based on judicial discretion rather than legal ineligibility, you can file a new petition after a reasonable period (typically six months to one year) with stronger evidence of rehabilitation and changed circumstances. Fourth, you may have the right to appeal the denial to the California Court of Appeal, though appeals are rarely successful unless there was a clear legal error or abuse of discretion. Fifth, consult with an experienced criminal defense attorney who can review the denial and help you prepare a stronger petition.

The timeline for getting an expungement approved under PC 1203.4 in California varies significantly depending on the county, whether your petition is contested, and current court backlogs. In general, the process takes between two to five months from filing to final approval. Upon filing, the court clerk will review your petition for completeness and assign a case number, which usually takes one to two weeks. The prosecutor's office is then notified and typically has 15 to 30 days to review the petition and decide whether to file an opposition.

If the prosecutor does not oppose and the court doesn't require a hearing, the judge may grant the petition based on the written submissions alone, potentially within 30 to 60 days of filing. However, if the prosecutor opposes your petition or if the court schedules a hearing, the timeline extends considerably. Hearing dates are typically set 60 to 90 days after filing, depending on court availability. After the hearing, the judge may issue a ruling immediately or take the matter under submission. Some busy courts may have longer processing times due to high caseloads, while smaller counties may process uncontested petitions more quickly. Once granted, it may take an additional few weeks for the court to process the dismissal and update records.

No, California Penal Code Section 1203.4 explicitly prohibits granting expungement if you are currently on probation for any criminal offense, even if it's a completely different case from the one you're seeking to expunge. The statute requires that you not be charged with any criminal offense, on probation, or serving a sentence for an offense at the time the petition is granted. This is a mandatory eligibility requirement that courts cannot waive. For example, if you successfully completed probation for a 2018 theft conviction and want to expunge it, but you're currently on probation for a 2023 DUI, you must wait until you complete probation for the DUI before you can obtain expungement for the theft case.

The rationale behind this requirement is that probation indicates ongoing court supervision for criminal conduct, and granting expungement while under such supervision would be inconsistent with the rehabilitative purposes of the expungement statute. However, you can prepare and even file your expungement petition while on probation for a different case; the court simply cannot grant it until your current probation is completed. Some practitioners file petitions strategically timed so that by the hearing date, the other probation will have terminated. If you violate probation on one case, it may also affect your eligibility to expunge other cases until the violation is resolved.

If the prosecutor files an opposition to your expungement petition, you have the right to respond and present arguments at the hearing demonstrating why you deserve relief despite their objections. First, carefully review the prosecutor's opposition to understand their specific concerns, which may include the seriousness of the offense, victim impact, your criminal history, concerns about public safety, or allegations that you haven't truly been rehabilitated. Second, prepare a written response or reply brief addressing each point raised by the prosecutor.

Third, gather additional evidence of rehabilitation such as employment records, educational achievements, community service, character references, and any other documentation showing you've turned your life around. Fourth, if possible, obtain letters from the victim or their family supporting your petition, though this is often difficult. Fifth, consider retaining an experienced criminal defense attorney who can effectively advocate on your behalf at the hearing, cross-examine any prosecution witnesses, and present legal arguments about why the court should exercise its discretion in your favor. At the hearing, be prepared to testify about your rehabilitation, accept responsibility for your past conduct, and explain specifically how the conviction has negatively impacted your life and how expungement will help you continue on a positive path.