Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Penal Code 1203.42 is a California statute that allows a criminal conviction to be expunged if it is now punishable by a county jail sentence following Proposition 47 “Realignment” in 2011.
“Expungement” of a California criminal record “erases” a conviction for most purposes. One of the most important benefits is that an expunged conviction does not need to be disclosed to most potential employers. Nor can it be used as a basis for denying someone a job or promotion.
But up until recently, people who served time in state prison for their crimes were not permitted to expunge their convictions. That right was limited to people who were granted probation and served either no time at all or time in county jail.
In 2011, however, California voters passed Proposition 47, California’s “realignment” law. Under Prop 47, many theft crimes and drug crimes once punishable as felonies were reduced to misdemeanors.
As a result, sentences for those crimes are no longer served in California state prison. Penal Code 1203.42 makes it possible to have those crimes reduced and expunged from someone’s criminal record.
Penal Code 1203.42 allows a crime to be expunged if it is one that is now punishable by a county jail sentence.
The defendant must also satisfy the general requirements for expungement under Penal Code 1203.4, namely:
Penal Code 1203.42 relief is not automatic. The defendant must file a petition with the court and prove that he or she qualifies.
If the petition is granted, the court will either:
The court will then dismiss the charges and the conviction will cease to exist for most purposes.
Note that the conviction may still generally be used, however:
For more information, please refer to our article on “Expungement” of a California criminal record under Penal Code 1203.4.
Or call us for a free consultation with one of our California criminal defense lawyers.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.