- 1). Obtain a copy of your criminal records and review the information they contain. If you don't still have the paperwork that was provided to you at the time your court case was still active, contact your attorney, if you have one, to get copies of the papers. If you don't have a lawyer, contact the court clerk at the Superior Court where you were convicted to make arrangements to get copies of your judgment order.
- 2). Make sure you're eligible to have your record expunged. Not all misdemeanors are eligible to be expunged in California. To be eligible, you must have successfully completed or been released from probation and have paid any fines and restitution that the court ordered as part of your conviction. Also, you can't be currently charged with or serving time for another offense.
- 3). Find out which forms you need to file. Anyone convicted of a misdemeanor and successfully completed probation must file petition form PC 1203.4. If you were convicted and did not receive probation, you have to fill out form PC 1203.4a. If you were convicted and are still on probation, fill out form PC 1203.3 to request early release from probation, and if the release is granted, submit a PC 1203.4 form to the court. The PC 1203.4 and 4a petition are combined on state form CR-180.
- 4). Fill out and submit the correct petition form to the court. Make sure the petition is filled out completely, or else it could be rejected. If you are filing a 1203.3 form, you'll need to appear before a judge to explain why your misdemeanor conviction should be expunged. If you're submitting a 1203.4 or 1203.4a petition, you may have to appear in court to plead your case before the judge issues a ruling, depending on the court and type of crime committed.
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