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In order to expunge a conviction, dismissed charge, or record of arrest, you (or your lawyer) must file a ?Motion to Set Aside? with the court where the original incident (the conviction, charge, or arrest) happened. The court must grant the motion for an expungement to take place.
If you're looking to file a petition for expungement without an attorney in California, follow these steps: Obtain a copy of your criminal record. ... Complete probation. ... Pay all fines, fees, and restitution. In the case of a felony, petition the court to reduce charges. ... In the case of a misdemeanor, complete and submit CR-180.
At a minimum, your petition for expungement should include the original case number, the underlying charges, and the date of conviction. It should also include whether you're requesting relief under PC §1203.4 or §1203.4(a). Court form CR-180 is used to petition the court for an expungement.
There is a statutory process for having a record expunged. You do not need to report an arrest/conviction that has been expunged.
Eligibility & Timing Changes The previous 10 year look back period has been eliminated. It has been replaced by a new shorter, but more complex, eligibility standard that is based on the the category of crime you want to expunge and the length of time since your last criminal conviction (for any crime).