Have a criminal conviction on your record in Sonoma County? California expungement can dismiss the conviction under Penal Code § 1203.4, and for many people, the process is simpler than the paperwork suggests.
A California expungement is not the erasure most people assume it is. Under Penal Code § 1203.4, the court withdraws a guilty plea, dismisses the conviction, and issues an order. That order lets the person truthfully answer "no" when asked about the conviction on most private-employment applications.
The court file does not disappear. Law enforcement, licensing agencies, and certain government employers can still see the conviction. But for the majority of everyday background checks, the conviction is gone.
Sonoma County petitions are filed at the Sonoma County Superior Court in Santa Rosa. The petition process is document-driven, most petitions are decided without a hearing at all, and the outcome typically comes back within 8 to 16 weeks of filing.
The Law Offices of Evan E. Zelig, P.C. handles expungement petitions across the full range of California relief statutes. Attorney Evan E. Zelig has been named to Super Lawyers each year from 2022 through 2026 and received the Avvo Clients' Choice Award in 2024 and 2025.
Call (707) 636-3204 to talk through what you are facing with a Sonoma County expungement attorney, or use the contact form to request a review of your record.
What California Expungement Actually Does
The word "expungement" gets used to describe several different California statutes. Each does something specific. The wrong statute filed on the wrong case produces a denial.
Penal Code § 1203.4, the standard "expungement"
For most Californians, "expungement" means a dismissal under Penal Code § 1203.4. The statute applies to convictions where probation was granted. At the conclusion of a successful probation, the court permits the defendant to withdraw the plea, sets aside the finding of guilt, and dismisses the accusation.
What the relief does:
- Private employment: The person can lawfully answer that they have not been convicted of the underlying offense on most private-sector applications.
- Housing: Most private landlords and tenant-screening services treat the record as cleared.
- Court records: The court file and the DOJ criminal history record are updated to reflect the dismissal.
What the relief does not do:
- Firearms rights: Not restored on a felony that carries a firearm prohibition. That requires a Certificate of Rehabilitation and a governor's pardon.
- Immigration: Not treated by federal immigration authorities as vacating the conviction.
- DMV enhancement: A dismissed DUI still counts as a prior within the 10-year lookback. See our Sonoma County DUI guide.
- Sex offender registration: Not relieved. Separate relief under Penal Code § 290.5 is required.
- Law enforcement and licensing: State and local peace officer applications and specific state boards (State Bar, Medical Board, others) retain access to the underlying record.
Other California relief statutes
- Penal Code § 1203.4a covers misdemeanor convictions where no probation was granted, with a one-year waiting period.
- Penal Code § 1203.41 covers felony realignment cases (county-jail sentences under AB 109) after the sentence and any waiting period.
- Penal Code § 1203.42 covers older felony cases pre-realignment, with a two-year waiting period.
- Penal Code § 1203.425 provides automatic relief under Senate Bill 731 (effective July 1, 2023) for many convictions, with no petition required. Carve-outs apply for serious or violent felonies and sex offenses requiring registration.
- Penal Code § 851.87 seals arrests that did not lead to conviction.
- Penal Code § 851.90 seals arrest records on a finding of factual innocence.
- Penal Code § 4852.01 (Certificate of Rehabilitation) is the path for felony convictions where state prison time was served or the offense is on the § 1203.4 carve-out list. It is a formal step toward a gubernatorial pardon.
Who Qualifies for Expungement
To petition for a § 1203.4 dismissal, the applicant must show all of the following:
- Probation was granted on the underlying conviction.
- Probation was successfully completed. All conditions must have been satisfied, and probation ended without a violation that changed the sentencing terms.
- The applicant is not currently charged with any offense, not on probation for any offense, and not serving a sentence for any offense.
The statutory carve-outs
Certain convictions cannot be expunged under § 1203.4. Those include Vehicle Code § 2800(b)-(c), certain Penal Code § 288 violations, Penal Code §§ 286(c), 288a(c), and 289(j), certain Penal Code § 261.5(d) violations, and Vehicle Code § 42002.1. For cases in a carve-out category, alternative relief may still apply.
Early termination of probation
For clients still on probation, a motion to terminate probation early under Penal Code § 1203.3 can expedite eligibility for expungement. The court has discretion to end probation before the full term. An early termination motion granted under § 1203.3 immediately opens the door to a § 1203.4 dismissal petition, and the two are often filed together.
Cases involving probation violations
A probation violation does not automatically bar expungement. But it complicates the analysis. The petition has to be framed to address the violation directly, with supporting materials showing rehabilitation and program completion. See our page on probation violations for how those cases are resolved.
Cases where state prison was served
The § 1203.4 dismissal statute does not reach state prison cases. For those, the analysis moves to § 1203.41, § 1203.42, a Certificate of Rehabilitation under § 4852.01, or automatic relief under § 1203.425.
The Sonoma County Expungement Process
The Sonoma County Superior Court in Santa Rosa handles all Sonoma County expungement petitions on the criminal calendar. The process runs roughly like this:
Step 1: Record review. The attorney orders the Live Scan or DOJ record, reviews the specific conviction docket, and confirms probation completion status. For applicants with multiple convictions, the review determines which are eligible for which relief.
Step 2: Preparing the petition. The petition is a Judicial Council form (CR-180 for § 1203.4 petitions, with the proposed order on CR-181). Supporting materials include letters of support, proof of rehabilitation, and any evidence of the reason for the petition.
Step 3: Filing and service. The petition is filed with the Sonoma County Superior Court Clerk's Office. A copy is served on the Sonoma County District Attorney's Office under Penal Code § 1203.4(e). The prosecution has 15 court days to respond.
Step 4: Court decision. Most petitions are decided without a hearing. Where a hearing is set, it is typically short and focused on a specific question the court has flagged.
Step 5: The order and follow-up. The court signs the order and sends copies to the applicant, the prosecuting agency, and the DOJ. Live Scan reports run after the update reflect the § 1203.4 dismissal notation.
A straightforward petition typically takes 8 to 16 weeks from filing to signed order. Cases with complications (a probation violation history, multiple convictions, an out-of-county prior) can run longer.
Common Conviction Types
DUI expungement
A California DUI conviction is expungeable under § 1203.4 in most cases where probation was granted and completed. Private employment and housing background checks show the dismissal.
What it does not change: the DUI still counts as a prior for DMV enhancement within 10 years, SR-22 filings still surface it, commercial licensing implications continue, and federal-agency background checks may still see it. For clients still facing a DUI, see our Sonoma County DUI guide, or learn more about the DUI expungement process specifically.
Drug possession expungement
Many drug possession offenses that were previously felonies are now misdemeanors after Proposition 47 (2014) and Proposition 64 (2016). Cases resolved under the old felony charging are eligible for redesignation under Penal Code § 1170.18 or Health and Safety Code § 11361.8, then § 1203.4 dismissal.
For clients whose drug cases were resolved through Penal Code § 1000 diversion, § 1000.4 provides that the arrest is deemed to have not occurred for most purposes. That is stronger relief than § 1203.4.
Theft, domestic violence, and other misdemeanors
Petty theft (§ 484), grand theft (§ 487), shoplifting (§ 459.5), simple assault (§ 240), and battery (§ 242) are typically expungeable where probation was granted. Domestic violence convictions under Penal Code §§ 273.5, 243(e)(1), and 273.6 are also expungeable, but federal firearms prohibitions under 18 U.S.C. § 922(g)(9) and immigration consequences under 8 U.S.C. § 1227(a)(2)(E) are not lifted by § 1203.4.
Cases with sex offender registration
Since 2021, California has operated a tiered registry under Penal Code § 290.5. Being relieved of registration is a separate proceeding from an expungement. Cases requiring registration relief involve one of the more technical areas of post-conviction practice.
Additional Post-Conviction Relief
Certificate of Rehabilitation
Under Penal Code § 4852.01, a Certificate of Rehabilitation is a Superior Court order recognizing rehabilitation. It applies to felony convictions and to certain misdemeanor sex offenses requiring § 290 registration. It requires a prescribed rehabilitation period (typically 7 years for most felonies), continuous California residence, and a court hearing.
A granted Certificate of Rehabilitation is an automatic application for a gubernatorial pardon.
Reduction under Penal Code § 17(b)
Where a felony conviction was for a "wobbler," the court can reduce the felony to a misdemeanor under Penal Code § 17(b) after successful completion of probation. The reduction can be a precondition to § 1203.4 relief, or a separate objective.
The order of operations
For clients with complex records, sequence matters:
- Prop 47 and Prop 64 redesignations first, where applicable.
- § 17(b) reduction of any felony wobblers.
- § 1203.4 dismissal of the resulting misdemeanor.
- Certificate of Rehabilitation and pardon application at the appropriate later stage.
Working out of order can produce a weaker result or a denial.
Contact Law Offices of Evan E. Zelig — Call (707) 636-3204
Why Choose Attorney Evan Zelig
Expungement work rewards attention to record detail. The DOJ record, the docket entries, the probation completion documentation, and the prior convictions all have to match. Small errors produce denials that add months to the timeline.
The Law Offices of Evan E. Zelig, P.C. handles expungement petitions with the same technical preparation the firm brings to its DUI and criminal defense work. Each petition begins with a comprehensive review process:
- A full DOJ record pull
- A detailed docket review
- A written eligibility analysis before any form is drafted
Attorney Evan E. Zelig has been named to Super Lawyers every year from 2022 through 2026 and received the Avvo Clients' Choice Award in 2024 and 2025. The firm is a boutique practice, and the caseload is limited so that every case gets direct attorney attention.
Attorney Zelig is admitted to the State Bar of California and to the U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California. He is a member of the California Public Defender Association, the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, the Sonoma County and Napa County Bar Associations, and the American Bar Association. Consultations are handled in English or Spanish.
The firm serves clients from every part of Sonoma County, including Santa Rosa, Petaluma, Rohnert Park, Cotati, Healdsburg, Windsor, Sebastopol, Penngrove, Glen Ellen, Bodega, and Geyserville, from a single office in downtown Santa Rosa. View our Sonoma County practice overview or learn more about the expungement process in California.
Frequently Asked Questions
How long does a Sonoma County expungement take?
A straightforward § 1203.4 petition typically takes 4 to 12 weeks from filing to signed order. Complications (a probation violation history, multiple convictions, an underlying prior needing redesignation) can extend the timeline.
Does expungement completely erase the conviction?
No. A § 1203.4 dismissal changes how the conviction is reported for most private-employment and housing purposes. But the underlying record still exists. Law enforcement, licensing boards, and government employers can still see it.
Can I expunge a conviction if I violated probation?
A probation violation does not automatically bar expungement, but it complicates the petition. The court considers whether the violation was resolved and how the applicant has performed since. You may still petition for an expungement if you have violated your probation.
Can I expunge a DUI?
Yes, in most cases where probation was granted and successfully completed. The expungement changes how the conviction shows on private-employer background checks. It does not undo the DMV enhancement effect within 10 years.
Can felonies be expunged?
Some, yes. Under § 1203.4, felony convictions where probation was granted and completed can be dismissed on the same framework as misdemeanors. Under § 1203.41, felony realignment cases with county-jail sentences can be dismissed after a waiting period. State prison cases require a Certificate of Rehabilitation and pardon.
Does expungement restore my gun rights?
Generally, no. A § 1203.4 dismissal alone does not restore firearm rights for a felony that carries a firearm prohibition. That requires a Certificate of Rehabilitation and a gubernatorial pardon.
Do I have to go to court for the hearing?
Usually not. Most § 1203.4 petitions in Sonoma County are decided without a hearing.
What if I was arrested but never convicted?
Arrests that did not lead to a conviction are eligible for sealing under Penal Code § 851.91. Where factual innocence can be shown, § 851.8 provides stronger relief.
What is SB 731 automatic relief?
Senate Bill 731 (effective July 1, 2023) created a system where the DOJ identifies eligible arrests and convictions and files the paperwork automatically. Not every conviction qualifies. For cases that don't, the older petition-based statutes remain the path.
How much does an expungement cost?
Fees vary based on the complexity of the record, the number of cases, and whether additional steps (§ 17(b) reduction, Prop 47 or Prop 64 redesignation, § 1203.3 early termination) are involved. Fee discussion happens in the initial consultation.
Talk to a Sonoma County Expungement Attorney
If you have a Sonoma County conviction and want to know what expungement can do for your record, call (707) 636-3204. Or use the contact form to request a consultation with Attorney Evan E. Zelig.
Law Offices of Evan E. Zelig, P.C. 50 Old Courthouse Square, Suite 407 Santa Rosa, CA 95404
Attorney Zelig is with you through every step of the criminal defense process, including the record-clearing work that comes after the case is over.