If you have ever plead guilty in an adult California court to a misdemeanor, California law permits you to apply to have your conviction erased. Almost all misdemeanor charges qualify for this procedure. In considering your request to have your conviction erased, the court will want to know whether you successfully completed all the requirements of your probation and confirm that your probation is over.Also, the court will ask whether you have been convicted of any new offense, whether you have been charged with any new offense, and whether you are currently on probation for any other offense.

If the courts grants your request, your conviction will be withdrawn, and the charges against you will be dismissed. There are numerous benefits to this dismissal, including the right to indicate that you have never been convicted of the dismissed charges, that the public record will show that your case was dismissed, and that the dismissed conviction cannot be used against you if you are ever involved in a civil case, for instance a case involving a car accident.

There are some limitations to the process. For instance, if you have a DUI erased, the case can still be used against you in a later DUI proceeding, or by the DMV. If you apply for public office, such as Councilman, or for certain types of licenses from the state, you will have to disclose the dismissed conviction.

Expungement will usually require an attorney to draft a motion. The expungement motion will be filed with the court that sentenced you, and will also have to be served on the prosecutor and, in some cases, the probation department. To get an Order of Expungement, the court must be convinced that you have led an honest and upright life, and the interests of justice would be served by granting the request.