Top Reasons Your Drug Charge Expungement Might Be Denied

If you have drug charges on your record, expungement can dismiss the conviction and update your record to reflect that the case was dismissed, assuming your petition doesn’t get denied. Here’s how an expungement lawyer can help.

No one wants to live with a criminal conviction, which is why the state of California provides a path to expungement. If you’re dealing with drug charges, expungement can clear your record and minimize the impact of these convictions on your life.

While expungement isn’t always a possibility, knowing a thing or two about this process can improve your odds of successfully requesting dismissal. In this guide, you’ll learn why drug charge expungement petitions are denied – and how a skilled expungement lawyer can help.

What is California Penal Code 1203.4?

Thanks to California Penal Code 1203.4, some people can withdraw their “guilty”/”no contest” plea and have their conviction dismissed. That means your conviction will be all but removed from the record (making it easier to find housing and employment, among other benefits).

However, this process does not erase your conviction entirely. It might still show up on some government databases, and law enforcement agencies will still have a record of this offense.

Are Drug Charges Eligible for Expungement?

Under California Penal Code Sections 1203.4 and 1203.4a, some offenses are ineligible for expungement. Many drug-related convictions may qualify for dismissal under PC 1203.4 or PC 1203.4a, depending on whether probation was granted, whether probation was successfully completed, and whether the person served county jail or state prison. Some felony drug offenses may require relief under PC 1203.42 instead.

Offenses that are ineligible for expungement in California if probation was imposed include:

Child Pornography

California law does not allow for the expungement of convictions dealing with child pornography. Penal Code Sections 311.1, 311.2, 311.3 and 311.11 each describe various offenses related to these materials.

Serious Sex Offenses

In California, sex offenses that are ineligible for expungement can be found in:

• Penal Code Section 261.5(d). This section defines offenses related to people 21+ years old engaging in unlawful sexual intercourse with minors under 16 years old. Felonies that fall under this section cannot be expunged.
• Penal Code Section 286(c). This section outlines offenses related to sodomy, including sexual conduct involving someone who is underage or unable to consent.
• Penal Code Section 287. This section defines offenses related to oral copulation, including oral copulation between people over the age of 21 and under the age of 16.
• Penal Code Section 288. This section describes offenses related to sexual conduct with children under the age of 14.
• Penal Code Section 288.5. This section describes offenses related to people having repeated sexual conduct with children who they live with or have recurring access to.
• Penal Code Section 289(j). This section outlines offenses related to acts of sexual penetration with another person who is less than 14 years old and 10+ years younger than the perpetrator.

Some Vehicle Offenses

Vehicle Code Section 42002.1 lists the consequences for misdemeanor violations of:

• Vehicle Code Section 2800. This section describes offenses related to drivers not following orders given by a peace officer.
• Vehicle Code Section 2801. This section is similar to Section 2800, but focuses on refusal to comply with orders from fire department members.
• Vehicle Code Section 2803. Finally, this section deals with offenses related to unsafe loads or dimensions of vehicles.

None of the offenses listed here are eligible for expungement. 

On the other hand, misdemeanors/infractions that are ineligible for expungement when probation was not imposed include:

• Infractions listed under Vehicle Code 42001
• Misdemeanors listed under Vehicle Code Section 42002.1
• Misdemeanors listed under Penal Code Section 288(c)

These ineligibilities apply when probation was imposed. Separate rules apply when probation was not imposed (PC 1203.4a).
People who served state prison time for offenses that are now punishable by county jail may qualify for discretionary dismissal under Penal Code 1203.42.

Common Reasons for Drug Charge Expungement Denial

While drug charges aren’t inherently ineligible for dismissal, that doesn’t mean your expungement petition is guaranteed to succeed. A judge could deny your request for drug charge expungement due to:

1. Filing Issues

Expungement petitions need to be properly drafted and filed in order to hold water. If you don’t follow the right procedures and timelines while filing one of these petitions, there’s a good chance that it will be denied as a result.

Incorrect or missing information on your expungement petition can cause delays or denials, as well. The best way to avoid these obstacles is to talk to a qualified expungement lawyer before filing this document.

2. Violations of Probation and Subsequent Conduct

If you completed probation without any violations, you’re typically eligible for expungement of qualifying charges. But if you did violate your probation terms and have been discharged from probation, things can get more complicated.

In situations like these, judges can decide whether or not to grant your expungement. As part of the discretionary probation process, they will look at:

• The date of your probation violation
• Any similarities between your probation violation and the original charge
• The circumstances of your probation violation

The judge will also weigh the events following your probation violation/termination, focusing on factors like your:

• Education
• Sobriety
• Community involvement
• Professional advances
• Ability to meet family responsibilities

3. Outstanding Fines/Restitution

Do you have court-ordered fines or restitution that have not been paid in full? If so, a judge might deny your expungement because of that.

Your judge might have some discretion when it comes to the impact of unpaid fines on your expungement petition. Still, it’s always in your best interest to pay outstanding restitution/fines before requesting dismissal.

The Benefits of Working With an Expungement Lawyer

As you can see, successfully pursuing expungement for drug charges isn’t easy by any means. Even if you’ve filled out your petition correctly, a probation officer or prosecutor could still object. In that case, you’ll need to be ready for a legal battle – something you won’t want to face on your own.

In this situation, it’s wise to find a criminal defense lawyer specializing in expungement. When you choose a truly qualified professional to respond to one of these objections, you’ll get:

• Legal representation you can trust. The best attorneys give their clients both comprehensive services and personal attention.
• Decades of experience. If your lawyer has over 20 years of experience handling thousands of cases, you can rest assured knowing your petition is in good hands.
• Round-the-clock availability. No matter what legal issues you’re dealing with, 24/7 access to expert legal services can make life that much easier for you.
• Convenient consultations. When you need legal services, expungement lawyers should make it easy for you to get started by offering confidential phone consultations.

Choose a Criminal Defense Lawyer You Can Count On

If you’re looking for a trustworthy expungement lawyer, Cyrus Tabibnia from Tabibnia Law Firm can help. This law firm delivers all the benefits listed above and more, making it the perfect choice for any expungement case.

Are you ready to start working toward getting your drug charges or criminal record expunged? Contact an attorney at Tabibnia Law Firm by calling (866) 511-2659 or filling out our online contact form!