Which situation are you in?
Arrested but not charged, or the case was dismissed
You can petition to seal the arrest record (PC 851.91). Once granted, the arrest is generally deemed not to have occurred.
Convicted and finished probation
You can petition for dismissal (PC 1203.4). The court lets you withdraw the plea and then dismisses the case.
Misdemeanor conviction without probation
Generally you can apply one year after judgment once the sentence is complete (PC 1203.4a).
A wobbler charged as a felony
Some offenses can be a felony or a misdemeanor. With a felony conviction, you can sometimes ask to reduce it to a misdemeanor (PC 17(b)) and then seek dismissal.
Completed a diversion program
The case is dismissed on completion, and there is a matching process to seal the arrest. We check that court and DOJ records were actually updated.
Served jail time, or still on probation
The rules are stricter, but relief may still be possible. If probation is going well, you can sometimes ask to end it early. Each case needs its own review.
What clearing a record does, and does not, do
Clearing a record helps, but it does not erase the past. Know the limits before you file.
Does: most private jobs
After a dismissal, private employers generally cannot hold that conviction against you, and in most cases you can answer no when a job application asks about convictions.
Does: sealed arrests stay out of ordinary checks
A sealed arrest generally does not show up on ordinary background checks. A dismissed conviction appears in court records as dismissed, not deleted.
Does not: DMV records and priors
DMV records remain. If you are charged again, the old conviction can still count as a prior, such as a DUI within ten years.
Does not: restore gun rights
A dismissal does not restore firearm rights lost because of the conviction.
When you still have to disclose
Applications for law enforcement jobs, public office, and some government licenses and contracts still require you to disclose a dismissed conviction.
Automatic relief is limited
California now clears some eligible records automatically, but not every record qualifies, and not every database is updated.
The process, and what we do
From filing to a decision usually takes a few weeks to a few months, depending on the court's calendar.
- Check eligibility：We pull your court records, help you request your DOJ record if needed, and confirm each case's charge, sentence, and probation status to decide what to file and in what order.
- Prepare the petition：We prepare the petition and supporting documents for each type of relief. Several cases can be handled together.
- File with the court：We file in the court where you were sentenced or arrested.
- Serve the prosecutor and police agency：The petition is served on the prosecutor, and a sealing petition is also served on the arresting agency. If the prosecutor objects, we respond.
- Appear at the hearing if needed：If the court sets a hearing, your lawyer appears for you, and in most cases you do not need to attend. After the order, we check that court and DOJ records were updated.
Talk to an immigration lawyer before you clear a record
Usually still a conviction for immigration
A dismissal under PC 1203.4 is California relief. Under federal immigration law it generally still counts as a conviction, and the immigration consequences remain.
USCIS can still ask about it
Even after a record is cleared or sealed, immigration authorities may ask you to disclose it and provide the full court file.
Answer the N-400 truthfully
The N-400 asks whether you have ever been arrested, including sealed and dismissed records. Leaving one out can be treated as concealment.
Never told about immigration consequences?
If no one explained the immigration consequences when you pleaded, another remedy may exist (PC 1473.7). Whether to pursue it first should be decided before you clear the record.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
A Ten-Year-Old Theft Case Surfaced During Naturalization, With No Immigration Advice Given at the Time. The Conviction Was Vacated, and a Plea to Trespass Resolved the Case
Old theft conviction vacated · Resolved same day on a lesser plea
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Record clearing FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
