Felony Convictions That Prevent Expungement in California

If you have one or more felony convictions, you know these criminal charges can make it harder to find housing and work (among other consequences). Fortunately, California state law offers multiple pathways to help people remove convictions like these from their records.

On the other hand, only some felony offenses can be expunged from California residents’ records. Because of that, you’ll want to read up on felony convictions that disqualify for expungement before you take steps toward requesting dismissal.

California Conviction Dismissal: Understanding the Basics

Many US states offer some form of dismissal for criminal convictions, and California is no exception. Thanks to this state’s expungement options, people with misdemeanor and felony charges can often have their offenses stricken from the record.

That said, California residents can’t remove these convictions from their record – even after they successfully request dismissal. Still, you’ll be able to prevent your criminal charges from turning up in most background checks after going through this process. Because of that, you’ll have increased access to housing, employment, and travel opportunities.

Felonies That Cannot Be Expunged

A large number of criminal convictions can be expunged in California, but this isn’t a guarantee by any means. Instead, some felonies are ineligible for expungement in this state. This is normally the case for severe offenses where setting aside convictions could interfere with public safety, the protection of victims, and accountability.

Some felony convictions that disqualify for expungement are:

• Crimes resulting in lifetime sex offender registration. This category applies to felonies like lewd or lascivious acts with a minor, as well as continuous sexual abuse of a child and statutory rape (assuming the offender is older than 21). 
• Serious violent offenses. Broadly speaking, felonies focusing on serious bodily injury, the use of deadly weapons, and significant violence are ineligible for expungement. That’s true of convictions like assault with a deadly weapon, terrorism-related crimes, and arson causing serious injury.
• Capital crimes. If you have convictions for crimes such as murder or manslaughter, you should know these charges are typically ineligible for expungement.
• Violations of special statutes. Some specialized offenses don’t usually qualify for expungement, such as certain California Vehicle Code felonies.

How to Pursue Dismissal for Other Felony Charges

Assuming your felony offenses don’t fall into any of the categories listed above, there’s a good chance that expungement is a realistic possibility for you. According to the California Courts Self-Help Guide, there are four paths people with felony charges in California can follow to request dismissal:

1. Felony Conviction With Probation/County Jail Sentence

In many cases, felony convictions resulting in a county jail sentence or probation can be dismissed. That said, there are a few different possibilities you’ll want to keep in mind:

• If you met your probation’s terms and conditions (or were granted early termination of probation), the court has to grant your petition to dismiss.
• If you failed to meet the terms and conditions of your probation, the court will be responsible for choosing whether or not your petition should be granted. 
• If your offense is a “wobbler” (that is, a charge that could be treated as a misdemeanor or a felony), you can ask for your felony conviction to be reduced.

2. Felony Conviction With County Jail Sentence Under Penal Code Section 1170(h)(5)

The process for dismissing felony convictions resulting in county jail time under Penal Code Section 1170(h)(5) will vary depending on whether or not your prison sentence included mandatory supervision:

• If it did include mandatory supervision, you’ll be able to pursue dismissal a year after completing your prison sentence. The court will choose whether your petition should or should not be granted.
• If it did not include mandatory supervision, you’ll need to wait two years after completing your sentence to start working toward dismissal. The court is also responsible for granting or denying petitions for dismissal while dealing with these offenses.

3. Felony Conviction With a State Prison Sentence

In the past, felony convictions resulting in prison time were largely ineligible for expungement. Prior to 2023, people who served time in state prison due to a felony offense could only have their cases dismissed if a change to the law allowed their offense to be punishable by time in county jail instead. (Participating in an institutional firehouse/fire camp also gave people who served time in prison a potential path to expungement.)

But since January 1, 2023, people who served time in state prison due to felony convictions may be able to get their cases dismissed two years after completing their sentence. The court will ultimately decide whether or not to grant individuals’ petitions for dismissal in this situation. (If you had to register as a sex offender as a result of your conviction, you are not eligible for this form of dismissal.)

4. Institutional Firehouse/Fire Camp Participants

Finally, people who served time in county jail/state prison and successfully participated in an institutional firehouse or fire camp program can request dismissal under Penal Code Section 1203.4b. The court will decide whether or not to approve petitions for people in these circumstances. (This is also not an option for people convicted of some serious offenses.)

What Is Proposition 47?

In addition to expungement, California offers other forms of legal relief for people with felony offenses – including Proposition 47. This ballot measure was passed by voters in 2014.

Under Penal Code Section 1170.18, people who were convicted of simple drug possession (not including transportation or sales) under Health and Safety Code Section 11350, Section 11357(a), or Section 11377 before November 2014 can reduce their felony charges to misdemeanors. That also applies to some theft offenses involving a value of $950 or less, such as:

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

Not every California resident with offenses like these is eligible for Proposition 47 dismissal. If you have a “super strike” conviction or a conviction that requires you to get registered as a sex offender as listed in Penal Code Section 290(c), this option is not available to you.

Get Help From an Expungement Lawyer

Even if you don’t have felony convictions that disqualify for expungement, the court may be responsible for choosing whether or not to approve your expungement petition. Because of that, you’ll want to do everything you can to get the best possible results – and that means it’s a good idea to look for professional legal help for proper defense.

When you’re trying to find a reliable expungement lawyer, you can’t go wrong by picking Cyrus Tabibnia and the rest of the team at Tabibnia Law Firm. We have 20+ years of legal experience, and we specialize in expungement cases like yours. To make sure your petition gets filed correctly (and for round-the-clock access to all the legal guidance you need), complete our online contact form or call (866) 511-2659!