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 and have completed the conditions of probation (such as fines, completing classes or restitution), 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 and were placed on probation, 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.

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, at 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; 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

Yes, but you will have to file a petition for early termination of probation at the same time.

You can file them all at the same time.

Yes, but it will be noted as “dismissed."

You will need to contact the jurisdiction where you were convicted unless your case was transferred to Sacramento County by the court.

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.

No

No

No, but you may hire one if you wish.

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.

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
500 G Street
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