How do I petition for the expungement of a misdemeanor conviction under California Penal Code 1203.4?

To petition for a misdemeanor expungement, you must file a Petition for Dismissal with the court in the county of your conviction after successfully completing probation. Here is a step-by-step guide to the process under California Penal Code 1203.4. Step 1: Confirm Your Eligibility You are generally eligible if you were granted probation for your misdemeanor, successfully completed all terms of probation (including paying all fines and restitution), and are not currently charged with, on probation for, or serving a sentence for another offense. If you violated probation, a judge can still grant the expungement if it is in the "interests of justice." Step 2: Obtain and Complete the Required Forms You will need a Petition for Dismissal (Form CR-180) and a proposed Order for Dismissal (Form CR-181). You can find these forms on the California Courts website (courts.ca.gov) or at the clerk's office of the superior court where you were convicted. Fill them out completely and accurately. Step 3: File Your Petition with the Court Clerk Take the completed forms to the criminal clerk's office in the courthouse where you were convicted. Some counties may charge a filing fee, though you can apply for a fee waiver if you cannot afford it. The clerk will file your petition and assign a case number if you do not have it. Step 4: Serve the Prosecuting Agency You must provide a copy of your filed petition to the prosecuting agency, which is usually the District Attorney's office or the City Attorney's office. You must complete the "Proof of Service" section on your petition to show the court you have done this. Step 5: Await the Judge's Decision or Attend a Hearing In many straightforward cases, the judge will sign the Order for Dismissal without a hearing. However, if the prosecutor objects or the judge has questions, the court will schedule a hearing that you may need to attend. Important Details and Nuances: If you are still on probation but have completed at least half the term, you may be able to file a motion for early termination of probation (PC 1203.3) and then immediately request the expungement. Cases handled without probation are petitioned under a different law (PC 1203.4a). Warnings and Limitations: An expungement does not erase the conviction from your record. It releases you from most penalties and disabilities of the conviction. You must still disclose the conviction when applying for a state license (e.g., contractor, real estate agent) or running for public office. It does not restore firearm rights lost due to the conviction. This is general information and does not constitute legal advice. For complex situations, such as cases involving probation violations, it is highly recommended to consult with a qualified California attorney.