The cancellation process

An expungement is the process in which certain convictions are removed from public records. Relief is only granted to those convicted of misdemeanors. To qualify for an expungement, the person will have completed their probation without incident and must have met all court conditions. The prosecution is likely to oppose seeking expungement of a sentence when a new case has been started or there has been a probation violation.

There are certain serious crimes that may qualify for expungement. If you have been convicted of a felony that is a wobbler, then you may be eligible for such relief. A “wobbler” is that statute in the penal code that can be filed as either a misdemeanor or a felony. The language is present in the statute, and would contain language that reflects the following: “punishment of imprisonment in county jail or state prison.”

If you have been convicted of a felony known as a wobbler, then you will need to file a motion with the court to have the court reduce the charge to a misdemeanor. Once the court reduces the conviction to a misdemeanor, the conviction can be expunged.

Note that the restriction to reduce felonies to misdemeanors is limited to those cases where the person has not been sentenced to state prison. Relief is not provided to those convicted of felonies and sentenced to state prison.

Finally, keep in mind that even if an expungement has been granted, law enforcement and immigration will still have access to your criminal records.