Expungement is the act of clearing a criminal record. It is applicable to an adult who has successfully completed probation by fulfilling all probation conditions/terms or being successfully discharged before the end of their probationary period; the applicant must not be serving any sentence or be on probation for any other offense.
California Penal Code (Section 1203.4) authorizes the court, in the interests of justice, to permit you to withdraw a previously entered guilty plea and have your case dismissed if you have fulfilled the conditions of probation for the entire period of probation or have been discharged from probation. To obtain a dismissal under this section, you must file a Petition in the jurisdiction where the prior conviction occurred seeking an Order by the Court to grant relief under Penal Code Section 1203.4.
If you have an arrest or conviction in Sacramento County that you are interested in expunging, please fill out our intake form and send it back to us as soon as possible, so that we can get the process started. Please email your completed form to publicdefendere@saccounty.gov
After submitting your intake form, while we work on your file, please begin to gather mitigation evidence. For mitigation evidence you will need 1 personal statement and 3 character letters minimum to submit with your petitions. We have attached a flyer with modification requirement information to help. In addition, if there is anything else you have acquired such as certificates, trainings, licenses, awards, etc. anything to show to the judge the strides you have made and positive things in your life, please don’t hesitate to include those as well.
Assistance With Expungements
The Public Defender runs self-help clinics for the Expungement Process. Please follow us on Instagram and/or Facebook for more information.