Bay Area Expungement Lawyers

A criminal record can follow you for decades, showing up on background checks when you least expect it. But California law provides real pathways to clear your record and move forward.

Most people who contact The Nieves Law Firm Criminal Defense Attorneys about clearing their record aren’t calling because they’re in trouble right now. They’re calling because something from their past is blocking their future. A job offer that fell through after a background check. A professional license application that stalled. An immigration attorney who told them their old conviction could lead to deportation.

These are working professionals, parents, and community members who made a mistake years ago, served their time, and did everything right since. California recognizes that people change, and the law provides a range of post-conviction remedies designed to give qualified individuals a genuine second chance.

The challenge is that “clearing your record” is not one-size-fits-all. Expungement under Penal Code section 1203.4 is the most well-known remedy, but it is only one option in a broader toolkit that includes felony reduction, record sealing, resentencing, motions to vacate, certificates of rehabilitation, and even a Governor’s pardon. Choosing the wrong remedy, or filing in the wrong court, wastes time and money without solving the underlying problem.

Our team handles post-conviction cases across the Bay Area and Sacramento, from straightforward misdemeanor expungements to complex motions to vacate that require evidentiary hearings and detailed declarations. We understand which remedies apply to your specific situation, which courts handle filings efficiently, and how to present your petition in the strongest possible light.

If an old conviction is standing between you and the life you’ve built, let’s talk about what California law can do for you. Schedule a consultation to discuss your options.

Post-Conviction Remedies We Handle

Understanding Your Post-Conviction Options

Expungement Under PC 1203.4

This is the most commonly requested form of post-conviction relief in California. If you completed probation (or obtained early termination), you may petition the court to withdraw your guilty or no contest plea, enter a plea of not guilty, and have the case dismissed. The practical effect is significant: you can legally answer “no” on most private employer applications that ask about criminal convictions. Expungement does not erase the record entirely, but it changes the disposition in a way that removes most barriers to employment and professional licensing.

Felony Reduction Under PC 17(b)

For wobbler offenses, meaning crimes that can be charged as either a felony or a misdemeanor, a felony reduction is often the critical first step before pursuing expungement. Reducing a felony to a misdemeanor can restore certain rights, including firearm rights in some circumstances, and dramatically changes how the conviction appears on background checks. Many clients pursue reduction and expungement together as a combined petition.

Motion to Vacate Under PC 1473.7

This remedy addresses a fundamentally different problem than expungement. Where expungement dismisses a case you validly pleaded to, a motion to vacate argues that the conviction itself was legally invalid, most commonly because the defendant did not meaningfully understand the immigration consequences of their plea. For non-citizen defendants facing deportation or inadmissibility based on an old conviction, PC 1473.7 can be the difference between remaining in the country and being removed. These motions are complex, often requiring evidentiary hearings and detailed declarations, and they represent some of the most consequential post-conviction work our team handles.

Proposition 47 Reclassification Under PC 1170.18

Proposition 47, passed by California voters in 2014, reclassified a number of drug possession and theft offenses from felonies to misdemeanors. If you were convicted of an eligible offense before Prop 47 took effect, you may petition the court for resentencing (if currently serving a sentence) or redesignation (if you have already completed your sentence). Despite being available for over a decade, thousands of eligible Californians have still not taken advantage of this relief.

Record Sealing Under PC 851.91 and PC 851.87

If you were arrested but never convicted, California law now provides robust mechanisms to seal the arrest record itself. For many qualifying arrests, the Department of Justice automatically seals records under PC 851.87 without any action required. For other situations, a petition under PC 851.91 allows you to ask the court to seal the record, effectively removing the arrest from public view.

Certificate of Rehabilitation

For individuals with more serious felony convictions who have demonstrated sustained rehabilitation over a period of seven to ten years, a Certificate of Rehabilitation provides formal judicial recognition of that rehabilitation. It also serves as an automatic application for a Governor’s pardon. This is a long-term remedy that requires patience, but it opens doors that other forms of relief cannot.

Felony Murder Resentencing Under PC 1172.6

Senate Bills 1437 and 775 fundamentally changed California’s felony murder rule. Individuals convicted of murder under the old felony murder doctrine or the natural and probable consequences theory may petition for resentencing if they could not be convicted under the current law. These cases are heavily litigated and resource-intensive, but they represent some of the most impactful post-conviction work available.

Enhancement Dismissal Under PC 1385 (SB 81)

Senate Bill 81 created a presumption favoring the dismissal of sentencing enhancements when dismissal serves the interest of justice. For individuals whose sentences were significantly increased by enhancements, this provides a pathway to meaningful sentence reduction.

Contempt of Court Under PC 166

Contempt charges arise when someone is accused of violating a court order, most commonly in the family law context. While technically a misdemeanor criminal charge rather than a post-conviction remedy, contempt of court defense is included in our post-conviction practice because it frequently intersects with family law proceedings and restraining order matters. Most family law attorneys do not handle the criminal contempt component, which is where our team steps in.

Additional Remedies

California law also provides relief for human trafficking victims through PC 236.14, pretrial mental health diversion under PC 1001.36, drug diversion under PC 1000, plea withdrawal after deferred entry of judgment under PC 1203.43, and the ultimate form of relief through a Governor’s pardon. Each remedy serves a distinct purpose and applies to specific circumstances.

Why Your Criminal Record Matters More Than You Think

Most people assume that once they’ve completed their sentence, probation, or parole, the criminal justice system is done with them. The reality is that a criminal record creates a web of collateral consequences that can affect your life for years or decades after the case is closed.

Employment and Background Checks

California’s Fair Chance Act (AB 1008) prohibits most employers from asking about criminal history on initial job applications.¹ But the protection has limits. Employers can still run background checks after a conditional offer, and certain industries (healthcare, education, law enforcement, financial services) have heightened screening requirements. An expungement under PC 1203.4 allows you to legally answer “no” when asked whether you have been convicted of a crime on most private employment applications.² This single change can be the difference between landing a position and being screened out.

Professional Licensing

Licensing boards for nurses, teachers, real estate agents, contractors, and other professionals each have their own rules about how criminal convictions affect licensure. Some boards treat an expunged conviction more favorably than an active one. Others, particularly in healthcare, conduct independent reviews regardless of expungement status. Understanding how your specific licensing board treats different forms of post-conviction relief is essential before choosing which remedy to pursue.

Immigration Consequences

This is where the distinction between expungement and vacatur becomes critical. Under federal immigration law, a California expungement under PC 1203.4 generally does NOT eliminate the immigration consequences of a conviction.³ Federal authorities still treat the underlying conviction as valid for deportation and inadmissibility purposes. However, a vacatur under PC 1473.7, which is based on the legal invalidity of the conviction itself, CAN affect immigration proceedings because it attacks the validity of the conviction rather than simply dismissing it after the fact. For non-citizen clients, this distinction is often the most important factor in determining which remedy to pursue.

Housing

Landlords routinely run criminal background checks, and a conviction can result in denied applications. While HUD guidance discourages blanket bans on renting to people with criminal records, enforcement is inconsistent. Expungement and record sealing can reduce or eliminate the visibility of old convictions on tenant screening reports.

Firearm Rights

A felony conviction prohibits firearm ownership under both California and federal law. For wobbler offenses, reducing the felony to a misdemeanor under PC 17(b) and then obtaining expungement can restore California firearm rights, though federal prohibitions (particularly for domestic violence convictions under the Lautenberg Amendment) may still apply.⁴ A Certificate of Rehabilitation or Governor’s pardon may be necessary for full restoration in some cases.

The Hierarchy of Relief

California offers a spectrum of remedies, and the right one depends on your conviction type, the sentence you received, and your specific goal. A straightforward misdemeanor expungement takes weeks. A motion to vacate may require months of preparation and an evidentiary hearing. A Certificate of Rehabilitation requires years of demonstrated rehabilitation. The hub of our post-conviction practice is matching clients with the remedy that actually solves their problem, not just the one they’ve heard of.

Defense and Strategy Overview

Post-conviction relief is not adversarial in the same way a criminal trial is, but it still requires strategic thinking and thorough preparation. The prosecution can oppose your petition, and judges have discretion to deny relief even when you meet the basic eligibility requirements.

Eligibility Analysis. The first step in any post-conviction case is determining which remedies you actually qualify for. Eligibility depends on the specific conviction, the sentence imposed, whether probation was completed, how much time has passed, and what you’re trying to accomplish. Filing the wrong petition wastes time and can even create complications for future filings.

Building the Record. For contested matters, particularly PC 1473.7 motions and Certificates of Rehabilitation, the strength of your petition depends on the supporting evidence. Declarations from the defendant, family members, employers, and community members; documentation of rehabilitation efforts; and expert declarations (such as immigration consequence analysis) can make the difference between a granted and denied petition.

Navigating Multiple Jurisdictions. Post-conviction petitions must be filed in the court where the original conviction occurred. For clients with convictions in multiple Bay Area counties, this can mean separate filings in Alameda, Contra Costa, San Francisco, Santa Clara, Sacramento, Solano, or San Joaquin County. Our team’s presence across six offices and thirteen counties allows us to handle multi-county post-conviction work efficiently.

Addressing Prosecution Opposition. While many expungement petitions are granted without opposition, more complex remedies frequently draw DA objections. Understanding how different county prosecutors approach post-conviction cases, and preparing your petition to address likely objections before they’re raised, is where experienced counsel adds the most value.

Why The Nieves Law Firm Handles Post-Conviction Cases Differently

Post-conviction work requires a different skill set than trial defense. It demands patience, meticulous attention to procedural requirements, and the ability to tell a client’s story of rehabilitation in a way that resonates with judges who may have heard hundreds of similar petitions.

Our team handles the full spectrum of post-conviction remedies, from the simplest misdemeanor expungement to the most complex felony murder resentencing petition. We are one of the largest criminal defense teams in Oakland and the Greater Bay Area, which means we have the resources to handle multi-county filings, prepare detailed evidentiary submissions, and appear at hearings across the region.

For clients facing immigration consequences, our work with referring immigration attorneys has given us deep experience with PC 1473.7 motions and the specific evidentiary requirements that make these petitions succeed. We understand the intersection of California criminal law and federal immigration law, and we prepare our motions with both audiences in mind.

We also handle contempt charges that most family law attorneys refer out because they involve criminal proceedings. If you’ve been charged with violating a court order, our team can defend you in the criminal proceeding while coordinating with your family law attorney on the civil side.

Frequently Asked Questions About Clearing Your Record

What is the difference between expungement and having your record sealed?

Expungement under PC 1203.4 changes the disposition of your case from a conviction to a dismissal, but the record of the case still exists and remains visible to law enforcement and certain licensing agencies. Record sealing under PC 851.91 or PC 851.87 goes further by removing the arrest record itself from public view. The remedy you need depends on whether you were convicted or only arrested.

Will an expungement remove my conviction from background checks?

For most private employer background checks, yes. An expunged conviction should appear as “dismissed” rather than “convicted,” and California law prohibits most private employers from considering dismissed convictions in hiring decisions. However, government agencies, law enforcement, and certain licensing boards may still access the full record. Expungement is not the same as the record never existing.

How long does the expungement process take in the Bay Area?

A straightforward misdemeanor expungement typically takes four to six weeks from filing to court order in Alameda County, assuming no opposition from the DA’s office. More complex petitions, including felony expungements, motions to vacate, and Certificates of Rehabilitation, can take several months to over a year depending on whether an evidentiary hearing is required.

Can I get my felony reduced to a misdemeanor?

Only if your offense is a “wobbler,” meaning it could have been charged as either a felony or a misdemeanor. If the court has discretion to reclassify the offense, you may petition under PC 17(b) for reduction. This is often done in conjunction with an expungement petition and can restore certain rights, including firearm rights in some cases.

Does expungement help with immigration cases?

This is one of the most misunderstood areas of post-conviction law. A standard expungement under PC 1203.4 generally does not eliminate the immigration consequences of a conviction under federal law. If immigration consequences are your primary concern, a motion to vacate under PC 1473.7 may be the more appropriate remedy because it attacks the legal validity of the conviction itself. This distinction is critical, and getting it wrong can have irreversible consequences.

Do I need a lawyer to file for expungement, or can I do it myself?

You are legally permitted to file a petition on your own. However, post-conviction petitions involve procedural requirements, eligibility determinations, and strategic decisions that benefit from experienced counsel. Filing the wrong petition, missing a deadline, or failing to address a DA objection can delay your relief or result in a denial that makes future petitions more difficult.

What if I have convictions in multiple counties?

You must file a separate petition in each county where you were convicted. There is no single filing that clears records across multiple jurisdictions. For clients with convictions in several Bay Area counties, this requires coordinating filings and appearances across different courthouses with different local procedures.

Take the First Step Toward Clearing Your Record

A conviction from your past does not have to control your future. California law provides real, meaningful pathways to clear your record, restore your rights, and remove the barriers that are holding you back.

Whether you need a straightforward expungement or a complex motion to vacate with immigration implications, our team has the experience and the resources to guide you through the process. If you are also dealing with underlying charges such as drug offenses, theft charges, or fraud allegations, we can evaluate your full situation and determine the best path forward. Contact The Nieves Law Firm Criminal Defense Attorneys to discuss your post-conviction options and find out which remedy is right for your situation.