Probation
Supporting Positive Change
Expungements, Early Termination,
and Felony Reduction
Expungement
An expungement will allow you to legally say you were not convicted of a particular
crime. This can be important if you are applying for a job, certain professional certificates,
low-income housing, or aid. If the Court grants your petition for expungement, you still
may not own or possess a gun or hold public office, and if you were required to register as
a sex offender, that requirement remains. An expungement does not erase the conviction.
In fact, a felony offense may still be considered as a prior conviction for sentencing
purposes in a subsequent conviction.
Early Termination of Probation
If your performance on probation (formal or informal) has been good and you have
successfully completed at least half your period of probation, the court may consider
releasing you from probation early. The court will consider the victim's welfare and your
prior offenses.
Felony Reduction
Many offenses can be charged as either a felony or a misdemeanor. A felony is more
serious than a misdemeanor. If you were convicted of the felony version, you may petition
the court to reduce the severity to a misdemeanor. Generally, the court wants to see you
have paid restitution and a significant period of time has elapsed since the conviction.
Some offenses, especially certain sex and drug offenses, exist only as felonies and cannot
be reduced.
Additional Options
An Adult Record Seal provides for the destruction of any arrest record for a crime for
which you were ultimately not charged or found not guilty. Current or future employers will
not be able to see any record of the arrest.
A Certificate of Rehabilitation is the Court's showing a significant amount of time
has passed since your conviction and you have lived an upstanding, crime free life. The
Court's standards for granting this are very high. It does not erase the felony conviction or
seal the criminal record. In fact, the felony offense may still be considered as a prior
conviction for sentencing subsequent convictions. It does, however, restore the right to
vote and legally permit you to answer on employment applications you have no record of
conviction.
A Governor 's Pardon or Gubernatorial Pardon is an honor granted to people who have
demonstrated exemplary behavior following their conviction. Individuals who have been
convicted of a crime in California may apply to the Governor for a gubernatorial pardon.
How Do I Get an Expungement, Early Termination, or Felony
Reduction?
Important for each case:
1. Get a blank petition and order from the court clerk, Room 102 of the main court
house, or download from the internet
2. Fill out the petition and order
3. Attach supporting documentation
4. Make five copies of all the above
5. File all six packets (original and five copies) with court clerk, Room 102; pay filing fee
(include a self-addressed, stamped envelope)
6. For felonies, appear in court on the appointed date/time; for misdemeanors, the
court will contact you by mail
7. You do not need to contact Probation
Key Considerations
Victim restitution is paid in full (if ordered)
Fines and fees are paid in full
Classes are completed (if ordered)
Community service work is done (if ordered)
Include proof of all the above
No new convictions
No pending court cases
No warrants
Q&A
Can I file for expungement while I am still on probation?
Yes, but you will have to file a petition for early termination of probation at the same
time.
What if I have more than one conviction? Do I have to file petitions one
at a time?
You can file them all at the same time.
Will the conviction still show up when an employer does a background
check on me?
Yes, but it will be noted as “dismissed."
I think I got convicted in another county or state. What do I do?
You will need to contact the jurisdiction where you were convicted unless your case
was transferred to Sacramento County by the court.
I don't have much money. Can I file a petition anyway?
Yes. Download a fee waiver form from the internet or ask the court clerk for one. You
must submit the completed fee waiver form when you file your petition.
Do I need to contact Probation?
No
Will a Public Defender represent me?
No
Do I need a lawyer?
No, but you may hire one if you wish.
I was ordered to do community service work
work,, but I can't find proof I did
it. What will happen?
Try to get a copy of your completion records from your community service provider; in
the absence of proof, Probation will have to recommend denying your petition. The
judge may wish to discuss the matter with you.
What if the judge denies my petition?
If you believe you have good reason for the judge to grant your petition, you may
contact his or her clerk and seek a “reconsideration." Be prepared to support your
argument.
Resources
Petitions and filing:
Sacramento County Courthouse
720 9th Street, Room 102
Sacramento, CA 95814
(916) 874-5744
Petitions and forms:
http://www.courts.ca.gov/forms.htm
Payment of restitution, fines, ability to pay evaluation, and fees:
Department of Revenue Recovery
700 H Street, Suite #6720
Sacramento, CA 95814
(916) 875-7500
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