How Restitution Orders Affect California Theft Expungement Eligibility

Wondering if restitution can affect your ability to clear your record? If you’re looking for advice from a trusted expungement lawyer, look no further.

Do you need to know if restitution orders can impact your ability to apply for expungement of theft convictions? Until recent years, unpaid restitution or restitution fines often prevented California residents from getting their convictions dismissed under Penal Code § 1203.4.

However, that has changed. A 2023 update to the law now prevents courts from denying a 1203.4 expungement solely because restitution or a restitution fine has not been fully paid.

If you’re looking for an expungement lawyer, it’s also wise to keep up with the current status of expungement laws in California. Here, you’ll find a closer look at the link between expungement eligibility and restitution in this state.

What Is Expungement in California?

Before getting into the relationship between restitution and expungement eligibility, you’ll want to understand what “expungement” means in California. This process allows you to ask the court to review your conviction and, if appropriate, dismiss it under Penal Code § 1203.4.

California does not offer “true expungement,” which would permanently erase a conviction. Instead, the court withdraws your plea (or sets aside the verdict) and dismisses the case. The conviction still exists for certain legal and governmental purposes, but in most private employment background checks it will appear as “dismissed.”

Because of this, successful expungement can help you get a “clean slate” and access opportunities you might otherwise struggle to find.

The Historical Impact of Restitution Orders on Theft Expungement 

In California, courts used to regularly deny expungement to people with unpaid fines/restitution tied to their sentences. Since restitution and fees can often be steep (especially for economically disadvantaged people), this requirement made it difficult for many California residents to:

• Find new jobs
• Look for housing
• Qualify for certain licenses
• Travel without facing extra scrutiny at ports of entry

According to Californians for Safety and Justice, these barriers often made it harder for people with convictions to become financially stable enough to pay restitution in the first place.

How the Fresh Start Act Changed California Expungement

In 2022, California passed SB 1106, often referred to as part of the state’s “Fresh Start” reforms. Effective January 1, 2023, SB 1106 changed how courts treat unpaid restitution during an expungement petition.

What SB 1106 Did

• Courts cannot deny a Penal Code § 1203.4 expungement petition solely because restitution or a restitution fine has not been paid.
• You are still legally required to pay restitution, but unpaid restitution is no longer an automatic barrier to a dismissal.

What SB 1106 Did NOT Do

• It did not eliminate restitution obligations.
• It did not guarantee expungement in every case. The court still considers your overall conduct and whether granting dismissal is “in the interests of justice.”

Who Is Eligible?

You may qualify for a 1203.4 dismissal if you:

• Did not serve state prison time for the offense (or you qualify under Penal Code § 1203.42)
• Completed probation or obtained early termination
• Met most terms of probation
• Were not convicted of certain serious sexual or violent offenses

Requesting Expungement of a Criminal Record in California

If you meet the requirements listed above, you may be able to remove theft convictions from your record. Here’s what you need to know about expunging:

Misdemeanors

The outcome of your efforts to dismiss misdemeanor convictions could vary based on your probation status. If you met the terms and conditions of your probation (or got early release), the court must grant your expungement petition under Penal Code § 1203.4. 

On the other hand, the court will decide whether or not to grant your petition if you didn’t meet your probation terms. To increase your odds of getting approval, you can try to convince the court that okaying your petition would be “in the interests of justice” by attaching supporting documents.

Felonies

The record-clearing process for felony theft charges can be more complex than the process for expunging misdemeanors. Based on the sentence you received for this conviction, you’ll need to follow one of four paths to pursue dismissal. For a complete breakdown of this process, visit the Judicial Branch of California’s self-help page.

If your felony theft offense involved a value of no more than $950, you may also be able to have your conviction lowered to a misdemeanor under Proposition 47. This is an option for theft offenses, such as:

• Commercial burglary during business hours (Penal Code Section 459)
• Receiving stolen property (Penal Code Section 496)
• Forgery (Penal Code Section 470-476)
• Petty theft (Penal Code Sections 484, 484/666)
• Fraud/bad checks (Penal Code Section 476a)
• Grand theft (Penal Code Section 487)

To be eligible for reduction under Proposition 47, you cannot be registered as a sex offender under Penal Code Section 290(c) due to a previous conviction. You also won’t qualify if you have a “super strike” conviction on your record.

Why Should You Hire an Expungement Attorney?

Are you trying to expunge a theft conviction? If so, going through this process on your own is a risk that isn’t worth taking. Instead, hiring an experienced expungement lawyer will give you much better odds of getting the clean record you want.

Cyrus Tabibnia and Tabibnia Law Firm have over two decades of experience handling cases like yours in court. As a result, we’re more than capable of providing the help you need when you’re trying to get past convictions dismissed. If you’re interested, get in touch by calling (866) 511-2659 or completing Tabibnia Law Firm’s online contact form!