Clear Your Record.
Reclaim Your Future.
Many criminal convictions in California — including DUI — can be dismissed through 1203.4 expungement. Attorney John Thornton has helped Santa Cruz County residents clear their records since 1990.
A criminal conviction can follow you long after you’re done dealing with our legal system. It can show up on employment background checks. It can surface on rental applications. It can complicate professional licensing. And unlike the time you served or the fines you paid, it has no natural end date, unless you do something about it.
California law provides a path forward. Under Penal Code Section 1203.4, most people who have completed probation for a misdemeanor or felony conviction can petition the court to have that conviction dismissed — what is commonly called expungement. Once granted, the court record is updated to reflect a not guilty plea and a dismissal, and you are released from most of the penalties and disabilities that came with the original conviction. The case is removed from the Santa Cruz County Superior Court.
I've been handling expungement cases in the Santa Cruz County Superior Court since 1990 — the same courthouse where your original conviction was entered and where your petition will be heard. I handle every case personally from the initial eligibility review through the final order. If you are ready to put a conviction behind you, call my office for a free consultation.
UNDERSTANDING EXPUNGEMENT
What expungement does — and what it doesn't
Penal Code 1203.4 expungement is a powerful remedy, but it's important to understand exactly what it accomplishes before deciding whether to pursue it. The benefits are real and significant. So are the limitations.
✓ What expungement does
Updates your court record to show a dismissal under PC 1203.4
Allows you to answer "no" to most private employer questions about prior convictions
Removes the obligation to disclose the conviction on most job and housing applications
Serves as a mitigating factor in professional licensing proceedings
The public will no longer be able to see your case on the Santa Cruz County Superior Court website. Some of my past clients have been concerned about the public being able to see their case, including potential dates on dating apps.
✕ What expungement does not do
Remove the record from law enforcement databases — police can still see it
Apply to federal employment background checks or security clearances
Restore firearm rights lost as the result of a felony conviction (however, a successful Penal Code section 17(b) motion would restore firearm rights)
Eliminate immigration consequences — consult an immigration attorney separately
Prevent a prior DUI from being used as a prior offense
Guarantee approval of a professional license application
AM I ELIGIBLE?
Eligibility requirements under PC 1203.4
You are generally eligible for expungement in California if all of the following apply:
Your conviction was for a state charge, not a federal offense
You completed probation successfully — or your probation was terminated early by the court
Any incarceration you served was in a county jail, not state prison
You are not currently charged with a criminal offense, on probation, or serving a sentence for any offense
You have paid all fines, fees, and restitution ordered as part of your sentence
Your conviction was not for a disqualifying offense — primarily sexual offenses against children and certain other specific crimes
What if I violated probation?
A probation violation does not automatically disqualify you from expungement. The court has discretion to grant expungement even when probation was not completed perfectly, based on a showing of "good cause" — your conduct since the conviction, your employment history, and other factors. This is one of the situations where having an experienced local attorney who knows how the Santa Cruz County court approaches these petitions makes a real difference.
Felony Convictions: Additional Considerations
If you were convicted of a felony and sentenced to county jail rather than state prison, you may be eligible for standard expungement under PC 1203.4. If you served time in state prison, expungement is not available, but you may qualify for a Certificate of Rehabilitation (PC 4852.01) or, in appropriate cases, a Governor's Pardon.
Additionally, many felony convictions qualify as "wobblers" — offenses that can be charged as either a felony or a misdemeanor. Under Penal Code Section 17(b), a wobbler felony conviction can be reduced to a misdemeanor by petition. Reducing the conviction to a misdemeanor before seeking expungement often results in a more complete remedy with fewer remaining consequences. I evaluate every felony case for 17(b) eligibility as part of the initial review.
Not sure whether your conviction qualifies? Call for a free eligibility review — no commitment required.
DUI CONVICTIONS
Expunging a DUI Conviction in Santa Cruz
A DUI conviction — including a first-time misdemeanor DUI — can be expunged in California once probation is completed. DUI probation in Santa Cruz typically runs three to five years, so the earliest most people can petition is after that period ends. If your probation was terminated early by the court, you may be eligible sooner.
An expunged DUI gives you back the ability to say "no" on private employment applications. For many of my former DUI clients, this is the most meaningful step they can take years after the original case resolved — particularly as they change jobs, apply for professional licenses, or move into roles where a background check carries weight.
Important: What expungement does not fix for DUI
An expunged DUI still counts as a prior offense if you are arrested for a subsequent DUI within 10 years of the original conviction. Expungement also does not restore a driver's license that was suspended or revoked by the DMV as part of the original case. These are separate legal matters from the criminal conviction itself. If either is relevant to your situation, we can discuss your options during the consultation. This will not change your insurance rates.
THE PROCESS
How the expungement process works in Santa Cruz County
Every expungement case in Santa Cruz County is processed through the Santa Cruz County Superior Court — the same courthouse where your original conviction was entered. Here is how the process works from start to finish:
Step 1 — Eligibility review
I review your conviction history, probation records, and any outstanding fines or restitution to determine whether you qualify and which petition type applies. This includes assessing whether a PC 17(b) felony reduction makes sense before filing.
Step 2 — Petition preparation
I prepare the formal petition under PC 1203.4, along with any supporting documentation — employment history, character references, and evidence of rehabilitation — that strengthens the petition, particularly in cases involving probation violations or complex conviction histories.
Step 3 — Filing with the Santa Cruz County Superior Court
The petition is filed with the court. A hearing date is set by the court.
Step 4 — Hearing (if required)
If the court sets a hearing — typically in cases involving probation violations or where the DA's office objects — I appear on your behalf and present the argument for dismissal. You generally do not need to attend.
Step 5 — Order granted and record updated
Once the judge grants the petition, the court record is updated to reflect a withdrawal of the original plea, a not-guilty plea, and a dismissal under PC 1203.4.
Step 6 — Notification to background check agencies
After the order is entered, I advise you on steps to ensure the dismissal is reflected accurately in the databases that background check companies rely on. In some cases, additional requests to the DOJ or court clerk are needed to ensure the record is updated correctly.
WHY LOCAL MATTERS
Why you should choose a local Santa Cruz attorney over an online service
Many statewide services advertise low flat-fee expungements processed remotely. For straightforward cases where eligibility is clear and probation was completed without issues, those services can work. But there are important reasons to consider local counsel, particularly in Santa Cruz County:
Court familiarity. I have been filing petitions in the Santa Cruz County Superior Court for more than 35 years. This knowledge is relevant when a case is not straightforward.
Hearing representation. If your petition requires a hearing — because of a probation violation, an objection from the DA, or a complex conviction history — you need an attorney who can appear in person and argue your case effectively.
PC 17(b) evaluation. Many online services file a bare expungement petition without first evaluating whether the conviction could be reduced from a felony to a misdemeanor under PC 17(b). This is a missed opportunity that can matter.
Personal review. Every case I handle is reviewed personally. I identify issues that automated processes can miss, including outstanding fines, early termination of probation eligibility, multiple convictions that require separate petitions, and interactions with professional licensing boards.
Call for a free consultation
831-426-5800
Free consultation. No obligation. Call and get a clear answer about whether you qualify and what the process looks like for your specific situation.
Expungement FAQs
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Expungement in California is a court process under Penal Code Section 1203.4 that allows eligible individuals to have a criminal conviction dismissed. The conviction is not erased from existence, but the court record is updated to show a not-guilty plea and a dismissal. This allows most people to honestly answer "no" to questions about prior convictions on private employment applications.
California's expungement law is more protective than many other states — it applies to both misdemeanors and many felonies, and the employment protections it provides are codified in the Labor Code, not just left to employer discretion.
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You may be eligible if you completed probation successfully (or had it terminated early), served any incarceration in county jail rather than state prison, are not currently facing charges or serving a sentence, and your conviction was not for a disqualifying offense such as a sexual crime against a child.
If you violated probation, eligibility is not automatic — but it is not necessarily foreclosed either. The court has discretion to grant expungement on a showing of good cause, and I regularly handle petitions in these situations in the Santa Cruz County Superior Court.
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Yes. A DUI conviction — including a first-time misdemeanor DUI — can be expunged under PC 1203.4 once probation is completed. For most DUI clients, this is possible three to five years after the original conviction.
Two important caveats: an expunged DUI still counts as a prior offense if you are arrested for a subsequent DUI within 10 years of the original conviction date, and expungement does not restore a driver's license suspended by the DMV as part of the original case. Within those limits, an expunged DUI gives you back the right to answer "no" on most private employment applications — which is often exactly what people need as they move forward in their careers.
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Expungement updates your court record to show a dismissal and releases you from most penalties associated with the conviction. It allows you to answer "no" to most private employer questions and prevents most landlords from using the conviction against you in rental decisions.
What it does not do: it does not remove the record from law enforcement databases, it does not apply to federal employment or security clearances, it does not restore firearm rights lost due to a felony, it does not help with immigration consequences, and it does not prevent a prior DUI from being used as a prior offense within 10 years. This will not change your insurance rates. Understanding both sides of this clearly is part of what I walk through with every client before filing.
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It depends on how your sentence was served. If you were convicted of a felony and sentenced to county jail — not state prison — you may be eligible for expungement under PC 1203.4. If you served time in state prison, standard expungement is not available, but you may qualify for a Certificate of Rehabilitation or, in appropriate cases, a Governor's Pardon.
Many felonies are also "wobblers" — offenses that could have been charged as either a felony or a misdemeanor. Under PC 17(b), a wobbler can be reduced to a misdemeanor by petition before seeking expungement. I evaluate every felony case for 17(b) eligibility as part of the initial review, because the combination of a reduction plus expungement often produces a significantly better outcome than expungement alone.
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A PC 17(b) reduction allows certain felony convictions — those charged as "wobblers" that could have been filed as misdemeanors — to be formally reduced to misdemeanors by petition. Once reduced, the conviction is treated as a misdemeanor for all purposes.
This matters for expungement because a misdemeanor expungement carries fewer residual consequences than a felony expungement. It can also restore some rights that a felony conviction took away. The reduction and the expungement are typically petitioned together.
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In Santa Cruz County, the expungement process typically takes 6 to 12 weeks from the time the petition is filed. The timeline depends on the court's caseload, the complexity of your conviction history, and whether a hearing is required.
Straightforward cases where probation was completed without issues and all fines were paid tend to move faster. Cases involving probation violations, multiple convictions, or DA objections may require a hearing. I will give you a realistic timeline based on your specific situation at the time of the consultation.