San Diego Expungement & Record Sealing Attorney
Not every criminal record is treated the same way under California law, and not every remedy does the same thing. Some relief clears a conviction from public view. Some reduces a felony down to a misdemeanor. Some addresses an arrest that never turned into a case at all.
Sorrentino, Sorrentino, Sabatini & Ryan PC works through each record individually case type, sentence completed, and how the matter was resolved to identify which forms of relief are actually available, and files the petitions needed to pursue them.
Expunging and Sealing Past Convictions
Under Penal Code § 1203.4, many people who completed probation for a misdemeanor or felony conviction can petition the court to withdraw the plea or verdict and have the case dismissed. Once granted, the conviction is no longer treated as one for most background check and employment purposes, even though the case does not disappear from every record entirely.
Eligibility generally depends on the type of offense, whether probation was successfully completed, and whether the person is currently facing new charges. Some convictions particularly certain violent or sex-related felonies are excluded from relief under § 1203.4 by statute.
For cases that do not qualify for a traditional dismissal, California's newer sealing provisions may still apply. Sealing removes a record from public access rather than dismissing it outright, which can matter for people whose convictions fall outside the standard expungement statute.
Reducing a Felony Conviction to a Misdemeanor
Some felony convictions in California are "wobblers" offenses that could originally have been charged and sentenced as either a felony or a misdemeanor. Under Penal Code § 17(b), a person convicted of a wobbler felony may be able to petition the court to have it formally reduced to a misdemeanor.
A successful reduction changes how the conviction is treated going forward on job applications, professional licensing, and in some cases eligibility to serve on a jury or hold certain positions. It is filed as its own petition and is often pursued alongside, or just before, an expungement under § 1203.4.
Reduction can also matter for firearm rights. A felony conviction generally carries a lifetime firearms prohibition under both California and federal law. Where the underlying offense qualifies as a wobbler and the case circumstances support it, reducing the conviction to a misdemeanor can be a step toward restoring the right to own or possess a firearm though not every reduction automatically resolves federal restrictions, and the two need to be evaluated separately.
Who Qualifies
Only "wobbler" offenses those the law allows to be charged as a felony or a misdemeanor are eligible for reduction under § 17(b).
What Changes
The conviction is treated as a misdemeanor for most purposes, including many employment and licensing background checks.
Gun Rights
Reduction can support restoring firearm rights, but state and federal rules don't always align each needs to be checked.
Sealing an Arrest Record When No Charges Were Filed
An arrest is not a conviction but it can still show up on a background check even when the district attorney never filed charges, charges were dropped, or the person was found not guilty. That record, sitting alone with no resolution attached, can look worse to an employer than a case that was clearly closed.
Penal Code § 851.91 allows a person who was arrested but never convicted to petition to have that arrest record sealed. Once sealed, the arrest is generally treated as if it never occurred for most background check purposes, and law enforcement and court records reflect that the case did not result in a conviction.
This process is separate from expungement, since there was never a conviction to dismiss in the first place. It exists specifically for the gap between "arrested" and "convicted" the situation where the case simply ended without ever going anywhere.
- Arrests where the DA declined to file charges
- Charges filed and later dismissed
- Cases resolved with an acquittal or factual finding of innocence
- Diversion cases successfully completed with no conviction entered
Filing the Right Petition for Your Record
Each of these remedies is its own petition, filed in the court where the case originated, and each has its own eligibility rules and waiting periods. The first step is pulling the actual case record not just what someone remembers about how the case ended since eligibility often turns on details in the file itself.
From there, the petition is drafted, filed, and in some cases set for a hearing where the court considers the request. Prosecutors are notified and may object in certain cases, which is why the petition needs to be built on the correct legal standard from the start rather than assembled after an objection is raised.
Where more than one form of relief applies a felony reduction paired with an expungement, for example the petitions are typically sequenced so each step supports the next.
What Clearing a Record Actually Changes
Most people pursuing this relief are not trying to erase the past they're trying to stop one case from controlling their future. A cleared or sealed record can open doors that a standing conviction or unresolved arrest tends to close: a job offer that depends on a clean background check, a professional license, housing, or simply not having to explain the same case over and over again.
It is also worth understanding the limits. Expunged and sealed records are not always invisible to every agency certain licensing boards, government positions, and future criminal proceedings may still have access. Part of the evaluation is being clear about what a given form of relief will and will not do in a specific situation.
Frequently Asked Questions
What's the difference between expungement and sealing?
Expungement under § 1203.4 applies to a conviction and results in the case being dismissed after probation is completed. Sealing under § 851.91 applies to an arrest that never resulted in a conviction. They address different situations and are filed as different petitions.
Can I get a felony reduced to a misdemeanor?
Only if the offense is a "wobbler" one that could have been filed as either a felony or a misdemeanor. Whether a specific conviction qualifies depends on the code section and the facts of the case.
Will reducing my felony restore my gun rights?
It can be one part of restoring firearm rights under California law, but a state-level reduction does not automatically resolve a separate federal prohibition. The two need to be reviewed together, not assumed to move as a package.
An arrest shows up on my background check but I was never charged. Can I fix that?
Generally, yes. If the case never resulted in a conviction no charges filed, charges dismissed, an acquittal, or successful diversion you may be able to petition to have the arrest record sealed under Penal Code § 851.91.
Does expungement completely erase my record?
No. It changes how the conviction is treated for most background checks and applications, but the case is not physically destroyed and certain agencies, licensing boards, or future court proceedings may still be able to see it.
Is there a waiting period before I can file?
It depends on the type of relief and how the case was resolved. Some petitions can be filed once probation is complete; others depend on how much time has passed since the arrest or dismissal. Reviewing the case file is the only way to confirm the timeline.
Find Out What Can Be Cleared From Your Record
Every record is different, and eligibility depends on details specific to your case. A review of the file is the fastest way to know which options expungement, sealing, felony reduction, or arrest-record sealing actually apply to you.