A criminal record in California can follow you for life. Even after completing probation, paying fines, or serving a sentence, an arrest or conviction may still appear on background checks conducted by employers, landlords, and licensing agencies — creating obstacles to employment, housing, professional certification, educational opportunities, and immigration status. California law provides several pathways to reduce the long-term impact of a past conviction, and the legislature has continued to consider further reforms during the 2025–2026 session. The Law Office of Nic Cocis represents clients seeking expungement and record sealing relief throughout Southwest Riverside County, including Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, and French Valley.
What “Expungement” Actually Means Under California Law
The first thing every Riverside County resident should understand about expungement in California is that it is not what the word suggests. The colloquial term “expungement” implies erasure or deletion. The legal reality is different.
Under California Penal Code § 1203.4, what the court actually grants is a dismissal — the guilty or no-contest plea is withdrawn, a not-guilty plea is entered, and the case is dismissed. The record itself is not deleted. The California Department of Justice retains the criminal history record. What changes is what the public, most private employers, and most background check companies are permitted to see.
The practical benefit is real and meaningful. After a § 1203.4 dismissal, you can lawfully tell most private employers that you have not been convicted of the offense. The conviction will generally not appear on standard private employment background checks. For most people pursuing this relief — to qualify for a job, get an apartment, finish a professional licensing application — that is the outcome they actually need.
The limits are also real. Public employment, peace officer applications, certain state licensing boards, public office candidacy, and the state lottery commission all retain access to the dismissed record. Law enforcement and prosecutors retain access. Certain federal contexts — including immigration proceedings — may treat the dismissed conviction as if it still exists. Understanding what dismissal does and does not accomplish is essential to making good decisions about whether to pursue it.
Who Qualifies for Expungement in California
Eligibility under PC 1203.4 turns on several requirements, all of which must be satisfied before a petition is filed in Riverside County Superior Court:
- Probation must be completed (or terminated early) and all conditions satisfied — fines, restitution, classes, community service, and any other court-ordered conditions
- No new criminal charges pending at the time of the petition
- Not currently on probation for another offense
- Not currently serving a sentence for any offense
Most misdemeanor convictions and many felony convictions are eligible. Felony convictions that resulted in a state prison sentence are generally not eligible under § 1203.4 itself, though related relief may be available under other statutes including post-Realignment provisions for offenses that would now qualify for county jail rather than state prison.
Certain offenses are statutorily ineligible. These typically include serious sex offenses involving children, certain violent felonies, and offenses requiring sex offender registration. For wobbler offenses — those chargeable as either a misdemeanor or felony — a successful Penal Code § 17(b) motion to reduce the felony to a misdemeanor before petitioning for dismissal can broaden the available relief.
Automatic Sealing Under the Clean Slate Act (SB 731)
Senate Bill 731, the California Clean Slate Act, expanded automatic record relief beginning in 2023. Under SB 731 and the broader Clean Slate framework that includes AB 1076 and SB 1260:
- Most felony arrests that did not result in conviction are automatically sealed three years after the arrest if no charges were filed
- Most state felony convictions are automatically sealed four years after the case ends, provided the person has not reoffended
- Most misdemeanor convictions receive automatic relief upon successful completion of probation
- The California Department of Justice is required to review records monthly and apply automatic relief to those who qualify
The Clean Slate Act explicitly excludes serious or violent felonies, sex offenses requiring registration, and offenses involving certain specific harms. Automatic relief also does not restore firearms rights — that is a separate analysis under California law.
For Riverside County residents wondering whether their record may have been automatically sealed already, the Department of Justice maintains procedures for obtaining a current copy of your own criminal history record. We routinely help clients pull their record, identify what relief has already attached, and determine what additional petitions may be available.
AB 704 — Proposed Record Destruction for Younger Defendants
Assembly Bill 704, introduced by Assemblymember Lowenthal in February 2025, would add Section 1203.48 to the Penal Code. The bill would authorize a person who was arrested for or convicted of an eligible offense before age 26 to petition the court for sealing and destruction of those records, provided four years have elapsed since the date of arrest or completion of all incarceration, probation, mandatory supervision, or parole — whichever was later — and the petitioner has not been convicted of a new offense during that period.
If enacted, AB 704 would represent more aggressive relief than current law. Where PC 1203.4 grants dismissal but leaves the record in place, AB 704 would direct sealing and destruction of the underlying record itself.
A note on the bill’s status as of this writing. AB 704 passed the California Assembly on June 4, 2025 and moved to the Senate, but was placed on the Senate Appropriations suspense file in August 2025 and held under submission. Bills that are held on the suspense file frequently do not advance in the same legislative cycle. The 2025–2026 California legislative session continues into 2026, and a held bill can in some circumstances be revived or replaced with similar legislation in subsequent sessions. We monitor the bill’s progress and will update clients on whether it advances. If you believe you would qualify for relief if AB 704 were enacted, that is a planning conversation rather than a current-law conversation — and the planning is worth having.
Other 2025–2026 Legislative Proposals
Beyond AB 704, the legislature has considered additional record-relief proposals during the 2025–2026 session. These include proposals to shorten waiting periods for petition-based expungement on certain non-violent and low-level offenses, to expand eligibility to a broader range of misdemeanor and lower-level felony convictions, and to streamline the petition process and reduce filing burdens. Whether any of these proposals advance to enactment will depend on the legislative calendar and on whether the proposals survive Senate and Assembly Appropriations review.
For Riverside County clients, the practical takeaway is straightforward: do not wait for proposed legislation to become law before pursuing the relief that is already available. Current PC 1203.4 dismissal, Clean Slate automatic sealing, PC 17(b) felony reduction, and other existing post-conviction remedies are well-developed and available now. If new legislation passes that further expands eligibility, that becomes an additional opportunity rather than a substitute for current options.
How an Expungement Petition Works in Riverside County
Petitions for dismissal under PC 1203.4 are filed in the Riverside County Superior Court branch where the underlying conviction occurred. Cases originating from arrests in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, and French Valley generally route through the Southwest Justice Center, where felony and most misdemeanor cases for the region have been heard. Cases originating elsewhere in Riverside County route to the corresponding branch.
The petition process generally involves:
- Reviewing the underlying conviction file — the disposition, probation conditions, and any modifications must all be confirmed
- Verifying eligibility under § 1203.4 and any other applicable statute
- Preparing the petition and supporting declaration
- Serving the prosecuting agency — the Riverside County District Attorney’s Office is entitled to a minimum of 15 days’ notice and may appear in opposition
- Court hearing if the petition is contested, or relief by stipulation if it is not
- Order of dismissal entered by the court and forwarded to the Department of Justice
We handle every step of the petition and are familiar with how the Riverside County DA’s Office evaluates and responds to expungement petitions in the Southwest Riverside County jurisdiction.
Speak With a Riverside County Expungement Attorney
If you have a California arrest or conviction and are considering whether expungement, sealing, or another form of post-conviction relief may be available, an honest case review is the right starting point. Eligibility is fact-specific and depends on the underlying offense, the disposition, the time elapsed, and your subsequent record. Some clients are eligible for relief they are not aware of; others have already received automatic relief and do not need to file anything.
Learn more about our expungement and post-conviction relief practice, or about attorney Nic Cocis and his 25+ years of trial experience handling Riverside County criminal cases.
Initial consultations are free and confidential. Call (951) 400-4357 today, or use the contact form below to schedule a consultation directly with attorney Nic Cocis.
