Non-Discretionary Expungement

California Penal Code section 1203.4

If you were convicted of a misdemeanor in California that is not on the Discretionary Expungement list, upon petitioning the court, the judge “shall” (which means the judge must do it) withdraw your guilty/ no contest plea and dismiss the case.

First, you have to complete all of the terms of your sentencing, including the amount of time of probation that was ordered by the court. (If you have not completed the probationary period, see Early Termination of Probation)

Once you have done your part, we will file a motion with the court petitioning that the case be dismissed.[1]

If you have a felony conviction and did not serve time in a prison, you too can get your record dismissed. See California Penal Code section 17(b)

Call Proper Defense today at 559-825-3800 to get your expungement.

[1] Does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code (See Discretionary Expungements), to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction. (See Dismissal of an Infraction or Misdemeanor)

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