Expungement in San Diego Can You Clear Your Criminal Record?
If you have a criminal conviction in your past, you’ve likely wondered whether it’s possible to erase it. In California, and specifically in San Diego, the legal process of expungement offers individuals a second chance. But what exactly does it involve, and can you clear your criminal record? This article explores the ins and outs of expungement in San Diego—who qualifies, how it works, and what it can and cannot do.
Let’s break down everything you need to know about clearing your record and rebuilding your future.
What Is Expungement?
Expungement is a legal process that allows a person to petition the court to dismiss a conviction from their criminal record. In California, this is governed by Penal Code § 1203.4, which permits certain convictions to be set aside once the individual has completed the terms of their probation or sentence.
An expunged conviction doesn’t entirely disappear but is updated in public records to show it was dismissed. This can be beneficial for job seekers, housing applications, professional licensing, and restoring your reputation.
So when it comes to expungement in San Diego: can you clear your criminal record?—the answer is yes, under the right circumstances.
Who Is Eligible for Expungement in San Diego?
Eligibility depends on several factors. You may qualify for expungement if:
- You were convicted of a misdemeanor or certain felonies in a California state court.
- You successfully completed probation (or jail time if probation wasn’t granted).
- You have paid all fines, restitution, and completed any other court-ordered requirements.
- You are not currently charged with another offense or serving a sentence.
Even if you served jail time, as long as the crime was not punishable by time in state prison, you may still qualify.
However, there are exceptions. Individuals convicted of serious sex offenses against children, for example, are not eligible for expungement under California law.
How Does the Expungement Process Work in San Diego?
Understanding the steps involved in expungement in San Diego can help you feel more prepared. Here’s a basic overview:
1. Consult an Attorney (Optional but Recommended)
While you can file on your own, having a knowledgeable San Diego expungement lawyer can increase your chances of approval and ensure the process runs smoothly.
2. File a Petition for Dismissal
This is submitted to the court that handled your original conviction. It must include all relevant documentation, including proof of sentence completion and payments.
3. Prosecutor Review and Court Hearing
In some cases, the District Attorney may object. If that happens, the judge will hold a hearing to decide based on your conduct since the conviction.
4. Judge’s Decision
If granted, the conviction will be set aside and marked as “dismissed in the interests of justice.” This will be reflected in court and public records.
What Are the Benefits of Expungement?
Many individuals ask: Is expungement really worth it? Here are the key benefits:
1. Improved Employment Prospects
Employers often ask about criminal convictions. Once your record is expunged, you can legally answer “no” when asked if you’ve been convicted—in most cases.
2. Better Housing Opportunities
Landlords routinely conduct background checks. A dismissed conviction looks much better than an open one.
3. Peace of Mind
Expungement helps eliminate the stigma of a criminal record. For many, it provides emotional closure and a clean slate.
4. Professional Licensing and Education
Whether applying for nursing, teaching, or other regulated fields, expungement can reduce the barriers posed by a criminal conviction.
What Expungement Doesn’t Do
While expungement offers many advantages, it’s important to know its limitations:
- It doesn’t erase the conviction entirely. It’s marked as dismissed, not deleted.
- It doesn’t restore firearm rights (a separate legal process is required).
- It doesn’t prevent immigration consequences. Federal agencies may still consider your original conviction.
- It won’t remove sex offender registration if required by your conviction.
So while expungement in San Diego is powerful, it isn’t a cure-all. But it’s still one of the most effective tools available for starting over.
Can Felonies Be Expunged in San Diego?
Yes, some felonies can be expunged in California, but they must first be reduced to misdemeanors under Penal Code § 17(b). These are called “wobbler” offenses, which can be charged either as a felony or a misdemeanor.
Once reduced, the newly labeled misdemeanor can then be dismissed through expungement. However, straight felonies (those that cannot be charged as misdemeanors) are not eligible for expungement.
If you’re unsure about the nature of your conviction, a San Diego criminal defense attorney can review your record and determine your options.
How Long Does Expungement Take?
The process typically takes 2 to 4 months from filing to completion. However, this can vary depending on the court’s schedule, whether the prosecutor objects, and whether a hearing is required. Criminal Defense Lawyers can help streamline the process and ensure all paperwork is correctly filed and deadlines are met.
Acting sooner rather than later is crucial—especially if you’re planning to apply for jobs, licenses, or housing where background checks are involved.
How Much Does Expungement Cost in San Diego?
The cost of expungement can vary. Some courts charge a filing fee of around $120, although this can be waived for those with financial hardship. If you hire an attorney, legal fees typically range from $500 to $1,500, depending on the complexity of the case and whether felony reduction is involved.
For many, the investment is well worth the opportunities and peace of mind it brings.
Alternatives to Expungement
If you’re not eligible for expungement, there are other legal remedies that may help you clean up your record:
- Certificate of Rehabilitation: Helps restore rights and improve public perception.
- Governor’s Pardon: A rare but powerful post-conviction relief option.
- Sealing of Arrest Records: For cases that were dismissed or never resulted in a conviction.
Each has different requirements, but all serve the purpose of helping people rebuild their lives after a criminal case.
Final Thoughts
So, to answer the central question: Expungement in San Diego—can you clear your criminal record? Yes, you can—if you meet the eligibility requirements and follow the correct legal process. Expungement offers a path toward reclaiming your future, securing better job opportunities, and moving forward with dignity.
Whether you’re dealing with a misdemeanor, a wobbler felony, or simply want to know your rights, speaking to a qualified San Diego expungement attorney is the best first step. Don’t let a past mistake define your future—take action today and begin your journey to a clean slate.