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California law allows a person who has been convicted of an infraction to have that infraction expunged. A California infraction expungement is a legal process that petitions the Court to review an infraction conviction to determine if the petitioner is eligible to withdraw their plea or finding of guilt, enter a not guilty plea, and order the case dismissed. The decision to expunge an infraction is sometimes at the discretion of the judge and the decision may be opposed by the the local District Attorney’s (DA) office for the relevant county. If the infraction expungement is opposed, a court hearing is typically scheduled to hear the merits of the case. We attend this hearing, present your case to the court and address the opposing agency’s arguments.
Once granted, an infraction expungement changes and updates the disposition of the case to reflect a dismissal under Penal Code 1203.4. This means that the court file, the California Department of Justice, and the FBI update their files to reflect that a plea of not guilty has been entered and that the case has been ordered dismissed.
After your infraction is expunged, you will be eligible for our Criminal Record Database Update service and we can update your criminal record with over 600 different private background check companies. This will greatly increase the likelihood of passing future employment background checks.
California Penal Code Section 1203.4 provides in part:
“Petitioner shall be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.”
*Prices do not include court filing fees. Fees vary from county to county and range from $0 – $150. For more information on filing fees for this service, please visit our Filing Fees page. Additionally, If you violated any of the terms of your probation there is an additional charge of $200.
There are a number of benefits to having your misdemeanor expunged. Most importantly, in an application for private employment you can truthfully answer that you have never been convicted of a crime as long as all crimes that you have been convicted of have been expunged. Expunging your infraction will increase the likelihood of obtaining state licenses and facilitate travel to Canada and other countries.
Lastly, after your infraction is expunged, you will be eligible for our Criminal Record Database Update service and we will update your criminal record with over 600 different private background check companies. This will greatly increase the likelihood of passing future private employment background checks.
* Note that because each case is unique and there are some procedural differences for each county in California your case may not follow our process outline exactly.
If your case is denied, our attorneys will evaluate the purpose for the denial and determine the best way to proceed. If our attorneys determine that refiling is the best course of action then we will do so at no extra cost to you. If not, then you will receive your money back through our money back guarantee.
The judge’s signed order will be sent to the Department of Justice so they may update their records. All background check companies and agencies get their criminal history information from the court or Department of Justice. However, we can notify private background check companies through our Criminal Record Database Update service, which we provide at a discounted rate for QikLaw clients.
The court will usually update their records within 48 hours and the Dept. of Justice will update its file within 30 days.
While you will need to disclose the case on any immigration applications, immigration attorneys have informed us that petitioners will have a better chance for a favorable immigration application if you have a clean criminal background. If you have additional questions about immigration issues, it is recommended that you speak with an immigration attorney.