Tooby's California Post-Conviction Relief for Immigrants

(A)

In General. Penal Code § 1203.4 requires the court to grant expungement of both felony and misdemeanor convictions when the applicant can show that (a) probation was successfully completed (or terminated early) and (b) no new charges are pending, and the defendant is not on probation or serving a sentence for any new charge that occurred since the charge for which expungement is sought.  See § § 10.53-10.54, infra.  A number of specific offenses are excluded from this mandatory expungement benefit, even though they might otherwise qualify.  See § 10.52, infra.

            Where the person does not qualify for mandatory expungement, because of a probation violation, or where a listed offense is involved, it is still possible to obtain a discretionary expungement.  See § 10.55, infra. This expungement, however, is not effective to eliminate a controlled substances, conviction for immigration purposes. See § § 10.9, supra.