How do I expunge a felony? 3 Answers as of July 14, 2010

The judge has the ultimate decision, and you would need to do a little more research of the actual code violation, and whether the judge can technically issue and expungement.

In California, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the Court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending.

If successful and granted, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications.

However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need. If you contact me, be prepared to tell the exact Penal Code you were convicted of.

In California, expungement (dismissal pursuant to Penal Code section 1203.4) is always up to the judge, not any individual victim. Of course, the judge will look to see if restitution has been paid, along with all other terms of probation being satisfied.