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Expungement

A criminal conviction doesn’t have to follow you forever. California law provides a path to clear eligible convictions from your record — and the difference between having a conviction on your record and having it dismissed can determine whether you get a job, keep a professional license, or qualify for housing. At the Law Office of Nic Cocis, we help clients in Murrieta and throughout Southwest Riverside County navigate the expungement process and understand exactly what relief is available based on their specific conviction.

How California Expungement Works

What Penal Code § 1203.4 Actually Does — and What It Doesn’t

California’s expungement statute — Penal Code § 1203.4 — allows individuals who have successfully completed probation to petition the court to withdraw their guilty or no contest plea, enter a not guilty plea, and have the case dismissed. For those convicted after trial, the court sets aside the verdict and dismisses the case. The practical effect is that the conviction no longer appears as a conviction for most private employment purposes, and the individual can honestly answer “no” to questions asking whether they’ve been convicted of a crime — with limited exceptions.

What expungement doesn’t do is equally important. It does not seal the record from law enforcement, from criminal courts in future proceedings, or from most licensing boards. It does not restore firearms rights if the underlying conviction was a felony or a qualifying domestic violence misdemeanor. It does not affect a sex offender registration obligation. It does not prevent immigration authorities from relying on the underlying conviction. And it does not expunge a conviction from federal records or the records of other states.

Despite those limitations, an expungement is still meaningfully valuable. Most private employers conduct background checks through commercial services that will not show the dismissed conviction after expungement. The ability to answer “no” on most job applications — honestly and legally — is a significant practical benefit.

Who Qualifies for Expungement

Eligibility under § 1203.4 requires that the petitioner completed probation — or was granted early termination of probation — and is not currently charged with a criminal offense, on probation, or serving a sentence. Both misdemeanor and felony convictions are eligible, though felony convictions that resulted in a state prison sentence (as opposed to county jail under Realignment) require a different petition process.

Certain offenses are categorically ineligible regardless of otherwise satisfying the requirements. Serious sex offenses against children under Penal Code § 1203.4(b) cannot be expunged. Convictions for offenses listed in Vehicle Code § 13555 — including DUI convictions — can be dismissed under § 1203.4 but will still be disclosed to the DMV and used to calculate prior DUI offenses for future charging purposes.

Reducing a Felony to a Misdemeanor First

For wobbler offenses — charges that could have been filed as either a misdemeanor or a felony — a separate petition under Penal Code § 17(b) can reduce the conviction to a misdemeanor before or alongside an expungement petition. This matters because a felony reduction to misdemeanor has additional benefits beyond expungement: it may restore certain civil rights, affects how the conviction is characterized on background checks, and in some cases affects professional licensing consequences. We evaluate § 17(b) eligibility in every felony expungement matter.

How We Can Help with Expungement

The expungement process involves filing a petition, a background check by the court, and in some cases a hearing. While the process can be done without an attorney, errors in the petition — incomplete documentation, failure to address outstanding fines, incorrect identification of the offense — result in denial. We handle the process correctly the first time.

Our expungement services include:

Evaluating eligibility across all convictions in your record
Filing § 17(b) petitions to reduce felonies to misdemeanors where applicable
Preparing and filing the expungement petition with supporting documentation
Appearing at any required hearing on your behalf
Advising on the specific effect of expungement on employment, licensing, and other consequences
Pursuing early termination of probation for clients who are eligible but have not yet completed their probation term

Early Termination of Probation

Clients who have not yet completed probation may be eligible for early termination under Penal Code § 1203.3, which the court can grant when the interests of justice and the interests of the probationer warrant it. Early termination makes a client immediately eligible for expungement rather than waiting out the remainder of the probation term. We evaluate early termination in every expungement case where the client is still on probation.

What to Expect When You Work with Us

01

Record Review and Eligibility Assessment

We pull your full criminal record, identify every conviction, and assess which are eligible for expungement, which might benefit from a prior § 17(b) reduction, and which — if any — are ineligible. Clients with multiple convictions sometimes assume they can only expunge one. That’s not always true.

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02

Petition Preparation

We prepare the petition, assemble supporting documentation, and confirm that all fines and fees associated with the conviction have been resolved — a common issue that results in denial when not addressed before filing.

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03

Court Filing and Hearing

We file the petition and appear at any required hearing. In many cases the court grants the petition without a formal hearing. When a hearing is required — particularly for contested petitions involving serious offenses — we present the case for relief.

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04

Post-Expungement Guidance

We advise on how to correctly answer employment and licensing questions after expungement, including the specific exceptions where the dismissed conviction must still be disclosed.

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Ready to Clear Your Record in Murrieta?

A past conviction doesn’t have to define your future. Contact the Law Office of Nic Cocis to find out what relief is available for your specific situation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

Schedule a Consultation Call Law Office Of Nic Cocis Today

Why Choose the Law Office of Nic Cocis?

Full Record Review

Evaluates every conviction for expungement and felony reduction eligibility — not just the most recent one

25+ Years of Criminal Defense

Deep familiarity with Riverside County court procedures and records

Practical Guidance

Advises on what expungement actually changes and what it doesn’t — so clients make informed decisions

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

Yes, in appropriate cases. Where the evidence of specific intent is weak, a motion to dismiss may be filed. Where the charge is a wobbler and the evidence doesn’t support felony treatment, we pursue misdemeanor disposition. In cases involving first-time offenders with no prior history, diversion may be available under Penal Code § 1001.95 — judicial diversion — which allows the court to divert the case and dismiss it upon successful completion of conditions. We evaluate every available resolution that avoids a felony conviction and the strike designation.

You can file immediately after successfully completing or being discharged from probation. There is no mandatory waiting period under Penal Code § 1203.4. The sooner you file, the sooner the conviction is dismissed from your record. Many clients wait years before pursuing expungement — often losing job opportunities or facing licensing consequences that could have been resolved much earlier. If you’ve completed probation and haven’t filed, there’s no benefit to waiting.

Not under Penal Code § 1203.4, which requires that probation was granted. However, if your conviction was served in county jail under AB 109 Realignment — which reclassified certain non-violent felonies from state prison to county jail — you may be eligible. For those who served state prison time, a petition under Penal Code § 1203.4a may be available for certain misdemeanor-level offenses, and a certificate of rehabilitation under § 4852.01 is available for many felony convictions after a specified waiting period. A certificate of rehabilitation is more robust than an expungement in some respects — it creates a presumption of rehabilitation and can support a governor’s pardon. We assess every available option.

No. A DUI expungement under § 1203.4 dismisses the criminal conviction but does not remove the DUI from your DMV driving record. California Vehicle Code § 13555 specifically provides that a DUI expungement does not affect the DMV’s ability to use the conviction. Your auto insurance rates, DMV record, and any future DUI charging decisions will still reflect the prior DUI. This is one of the most important limitations to understand before investing in a DUI expungement — and one we explain clearly before any petition is filed.

Outstanding fines and fees are the most common reason expungement petitions are denied. Courts typically require that all financial obligations associated with the conviction — fines, restitution, fees — have been paid before granting a § 1203.4 petition. If outstanding amounts present a barrier, we review whether any fees have been reduced, waived, or converted to community service, and advise on how to address the financial obligations before filing.

Areas We Serve

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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