Merced County California

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Expungements and Reductions
Expungements
If you successfully complete your probationary term, including paying all fines and fees associated with your case, section 1203.4 of the California Penal Code allows you to petition the Court for an expungement of your conviction so long as you:
  • Do not have any other open cases in this county or any other county
  • Are not on probation in any other cases
  • Are not serving time on any other cases
  • All fines and fees must be paid in full

Our office will assist you with completing the paperwork for the expungement. Currently, we assist with expungements on Friday from 9:00 am to 11:00 am.  A fee of $111 per case will apply plus a court filing fee of $60.00 for misdemeanor offenses or $150.00 for felony offenses.

Benefits Of An Expungement
  • Result in a new entry in the court record showing a dismissal of the case and it will result in a notation on your "rap sheet" that your conviction has been dismissed.
  • It will allow you on most job applications to legally state that you were not convicted of a crime.  However, if you are applying for a job as a peace officer (police officer, highway patrolman, sheriff’s deputy, etc.), you are required to disclose the conviction and subsequent expungement on the job application.
  • For felony convictions, an expungement is the first step in applying for a pardon.

Reduction of a Felony to a Misdemeanor
  • A felony Conviction can be reduced to a misdemeanor in some cases. Once declared a misdemeanor, the crime will be considered a misdemeanor "for all purposes."  However there are certain exceptions as the federal government can still consider the conviction a felony for purposes of its federal gun statutes.
  • You can request a felony be reduced to a misdemeanor while on probation, after probation, but most often this process is done through the expungement process, when probation is over and all fines and fees are paid.  

An Expungment Will Not
  • Remove the record of your arrest and conviction from the databases of federal and state law enforcement agencies. For instance, the FBI would still have a record of your conviction.
  • Reinstate your right to possess a gun.
  • Allow you to omit the conviction on an application for a government-issued license (e.g., insurance agent license, real estate agent license, etc.).
  • Seal or remove the court case file from public inspection. A person could still find out about the conviction by going to the court house and asking to review the court file.
  • Prevent the conviction from being used as a “prior” to increase punishment on a later conviction.
  • Prevent the conviction from being used by immigration officials for removal or exclusion proceedings.
  • Relieve you from any requirement to register as a sex offender under section 290.

Offenses that cannot be Expunged
There are certain offenses that cannot be expunged.

* An offense that resulted in a State Prison sentence cannot be expunged.

*Certain Vehicle Code violations and sex offenses cannot be expunged.

*A case that has been dismissed cannot be expunged.


Merced County 2222 M Street Merced, CA 9543 Ph. (209) 385-7434 Toll Free (800) 226-6452