California Legal Authority for Expungement

  1. CA Penal Code § 17(b) – Provides that an individual convicted of a “wobbler” felony offense to petition the court to have the felony reduced to a misdemeanor.
  2. CA Penal Code § 851.8 – Provides and determines eligibility for individuals that have been wrongfully arrested, wherein the arrest did not result in a conviction, to petition the court to demonstrate their factual innocence and get their arrest record sealed and destroyed.
  3. CA Penal Code § 1000 – Provides that certain drug-related offenses be available for diversion rather than conviction.
  4. CA Penal Code § 1203.3 – Provides and determines eligibility for individuals on probation to petition the court to request early termination of their probation.
  5. CA Penal Code § 1203.4 – Provides and determines eligibility for individuals previously convicted to petition the court for expungement of their infractions, misdemeanors, and felonies in California.
  6. CA Penal Code § 1210.1 – Provides that any individual guilty of a non-violent drug offense must be given probation and drug treatment rather than incarceration.
  7. CA Penal Code § 4852.01 – Provides and determines eligibility for individuals that have served time in state prison to petition the court for a certificate of rehabilitation.
  8. CA Welfare and Institutions Code § 707(b) – Law is referenced by WIC 781 and contains offenses which, if committed as a juvenile, are not eligible for relief under WIC 781.
  9. Welfare and Institutions Code § 781 – Provides and determines elibility for individuals with juvenile records to petition the juvenile court requesting to have their juvenile record sealed.
  10. Welfare and Institutions Code § 1772 – Provides and determines elibility for individuals who were sent to the California Juvenile Youth Authority (juvenile prison), which disqualifies them from relief under WIC 781, to petition the juvenile court requesting to have their underlying juvenile offenses set aside (expunged).
  11. CA Assembly Bill 2582 – Law passed in 2011 which extends the relief available under Penal Code § 1203.4 to infractions, excluding traffic related infractions. Most California infractions can now be expunged.
  12. CA Proposition 36 – Known as the Substance Abuse and Crime Prevention Act of 2000, it put in place mandatory probation and drug treatment rather than incarceration for certain non-violent drug offenses. This law makes many more non-violent, drug-related convictions available for Penal Code § 1203.4 expungement relief due to the avoidance of state prison sentencing.