San Jose Criminal Law Office

Question: Can I get my criminal record cleared?

Answer: According to California Penal Code section 1203.4, a defendant has the right to have his or her guilty pleas set aside and the case dismissed after successful completion of probation. This is commonly referred to as a record clearance. Obtaining a record clearance can sometimes be combined with a motion to reduce a felony to a misdemeanor. When a criminal defendant is charged with a felony for which he/she is placed on probation, and the crime is an alternative felony/misdemeanor (wobbler), after successful completion of probationary requirements, the defendant can apply to the court to have the balance of their probation shortened in many circumstances, as well as having certain felonies reduced to misdemeanors, and their case will show as dismissed pursuant to PC 1203.4. While this is not the same as avoiding the conviction in the first place, it can be an excellent help in getting your criminal record cleaned up to avoid problems with potential employers. Most medium to large sized companies now hire firms to check a prospective employee's criminal record. In today's tight job market, this may result in your being turned down instead of hired.

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