The relief available from expungement depends on various factors including: the type of conviction (e.g. misdemeanor, felony, or "wobbler"), the type of sentence received (probation with/without jail time, state imprisonment, etc.), and the the age of the offender.

California law divides crimes into two basic types: misdemeanors and felonies. Misdemeanors are the less serious crimes, including, for instance, DUI (driving under the influence), disturbing the peace, petty theft and other types of crimes. Misdemeanors are punishable by a fine and/or up to one year in county jail. Felonies are more serious crimes punishable by a fine and more than one year state imprisonment. There is also a third type of crime called a "wobbler" - "wobblers" are cases in the middle, that can be punished by either up to one year in county jail, or by imprisonment in state prison.

The most common type of expungement relief available in California is authorized by California Penal Code Section 1203.4 which, in part, states:

In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any new offense, on probation for any offense, or charged with the commission of any offense, 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. [emphasis added]

The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

This statute above applies in any case in which probation was granted, whether it is a misdemeanor, wobbler, or felony. According to the statute, expungement will be denied if petitioner is either: serving a sentence for any offense, is on probation for any offense, or is currently charged with the commission of any offense. If all other criteria is satisfied, the petitioner may be granted expungement.

Also it is important to note that although expungement will allow a person to deny expunged convictions to a private employer and other private institutions, he or she will still be require to disclose expunged convictions when applying for public office, licensure by any public state or local agency (such as police application), or when contracting with the State Lottery. For more info - check our Expungement FAQs.