Expungement Lawyer in Riverside

Criminal charges on your public record can follow you. If you were convicted of a crime, one of the biggest fears you may have is that your criminal record will haunt you for the rest of your life. If this fear keeps you awake at night, you might want to explore your options to get a court order to clear your record.

In California, misdemeanor and felony convictions will generally remain on the convicted person’s criminal record for life. The adverse consequences of a lifelong criminal record may seem unfair and frustrating.

At Gressley & Donaldson, we understand that the mere thought of your criminal history following you around forever can be horrifying. Fortunately, not all convictions have to be permanent. California Penal Code PC 1203.4 allows eligible individuals to seek an expungement to be free of many of the negative effects of their conviction.

Do you want a fresh start with a clear criminal record? Contact Gressley & Donaldson to discuss your eligibility for an expungement. We can help you prepare a petition for dismissal and navigate the expungement process.

Define California Expungement Law PC 1203.4

According to the official website of the Judicial Branch of California, the California state law does not use the terms “expungement” or “petition for expungement.” Instead, it allows eligible individuals to dismiss the accusations and/or information against them and release them from all “penalties and disabilities” resulting from the criminal case.

California Penal Code Section 1203.4 allows eligible individuals who have been convicted of misdemeanors and felonies to file a petition for dismissal and get their conviction expunged. Expungement involves reopening the defendant’s case and:

having their guilty plea or guilty verdict set aside; and
dismissing their case.

California law recognizes the defendant’s right to file a petition for dismissal under the following subsections:

PC 1203.4 for defendants convicted of a misdemeanor or felony with probation granted.
PC 1203.4a for defendants convicted of a misdemeanor or infraction with a sentence other than probation.
PC 1203.41 for defendants who served a felony county jail sentence or felony state prison sentence.
PC 1203.42 for defendants who served a felony prison sentence but would have received a jail sentence if convicted after the passage of Proposition 47.

However, even if a defendant is otherwise eligible for an expungement, their petition for dismissal will not be granted if they were convicted of specific offenses, including murder, serious violent crimes, and most sex crimes involving minors. Consult with a Riverside expungement lawyer to discuss your eligibility for an expungement in California.

Engaging In An Act Of Prostitution

In order to be charged with prostitution, an individual needs to engage (or agree to engage) in “any lewd act” in exchange for money or anything of value. A lewd act in this context means an act that results in sexual arousal or sexual gratification. Here are a few qualifying examples:

A person accepts payment in exchange for watching another person touch themselves sexually
A person allows another person to touch them sexually in exchange for payment
A person touches themselves sexually in exchange for payment
A person has sexual intercourse with or performs oral sex on another person in exchange for payment

Note that “payment” in this context can mean money, gifts, drugs, or anything worth value if the act is done explicitly for the item or money offered. It’s also important to know that engaging in an act of prostitution must be done willfully, meaning they can’t be forced to perform the act either through intimidation or by force.

Soliciting An Act Of Prostitution

A solicitor of prostitution is the person in the exchange who is offering payment. In order to be considered a solicitation, this person must be offering something of value with the full intention of engaging in a lewd act with another person in exchange for payment. The important thing to remember here is intent. Let’s say that John buys a stranger a drink at a bar and later in the evening, he takes the stranger back to his place where they have sex. If at the bar, John had said “If I buy you a drink, will you have sex with me?” he may be considered a solicitor of prostitution. But if the two decided to sleep with each other purely because they were sexually attracted to one another, the situation would not be considered illegal.

Agreeing To Engage In Prostitution

Lastly, it’s important to understand that an “act of lewdness” doesn’t need to actually take place in order to be considered a violation of PC 647(b). The law specifically says that even agreeing to engage in prostitution is illegal if the agreement is made willfully. Simply saying, “I will pay you to take your clothes off” isn’t considered solicitation, and the converse is true for prostitution – both parties must be acting willfully and with the full intention of completing the transaction. Evidence of this intention must be present in order to convict either party.

Let’s say that Mike offers Tony $500 for sex and Tony agrees. If no exchange of money happens, and Tony ignores any further communication from Mike, Tony cannot be charged with prostitution because no action took place to further the exchange. Similarly, if Mike simply offers to pay Tony $500 for sex and no further plans are made, no crime of solicitation has been committed. However, if Mike offers Tony $500 for sex and they agree to meet at a hotel and Mike drives to the hotel with $500, a judge may find him guilty of soliciting prostitution whether or not the exchange actually takes place.

What an Expungement Can and Cannot Do?

By filing a petition for dismissal to get an expungement under PC 1203.4, the petitioner can erase almost all penalties and disabilities resulting from their offense. Once the court grants the petition, the petitioner is no longer considered convicted of the offense by the State of California. This allows many people to have a fresh start in their lives as they will be able to honestly answer “no” when asked “Have you ever been convicted of a crime?” by potential employers, landlords, loan agencies, and others.

However, there are certain limitations on what an expungement can do. Here is an overview of some of the things an expungement cannot do:

Remove restrictions imposed on your driving privilege
Reinstate a suspended or revoked driver’s license
Restore your gun rights
Remove the obligation to register as a sex offender

Discuss your situation with our expungement lawyers at Gressley & Donaldson to discuss what an expungement can and cannot do in your specific case.

What Are the Benefits of Expungement?

There are a multitude of benefits to gain after expunging your conviction when such an option is available to you. Some of the most prominent benefits of expunging your criminal record include:

Peace of mind. Knowing that a past mistake does not have to burden you anymore can provide you with a much-needed sense of relief. By expunging your conviction, the record is removed both from paper and from your mind, which allows you to live your life to the fullest and free of the stigma associated with a criminal conviction.
Employment. Most employers in California conduct background checks before hiring job applicants. Those background checks can show your arrests, convictions, and other criminal records. By expunging your record, it is removed from public access, which means it will no longer appear on background checks. This can expand your employment opportunities and allow you to pursue your desired career path.
Housing. Landlords, like employers, conduct background checks before allowing someone to access their properties. When a background check shows a criminal record, it can significantly reduce the chance that your application will be approved. Some landlords may rent out their property to tenants with a criminal record but may charge them a higher rent and/or deposit. By expunging your criminal record, you may be able to enjoy greater housing opportunities.
Loans. Many loan agencies are biased against applicants with a criminal record thinking that they are less likely to pay back the loan. That is why a person with a criminal conviction on their record may have a hard time getting a loan or having to pay higher interest rates if their application is approved. By getting your conviction removed from your record, you can improve your loan eligibility and secure more favorable terms.

By expunging your record, you can get a sense of relief and move on with your life without looking back on a mistake you made many years ago.

Expungements & Petitions for Dismissal Frequently Asked Questions

An expungement in California is a legal process that allows you to petition the court to dismiss a conviction after you have completed probation or met other eligibility requirements. While it does not erase the record, it updates it to show the case was dismissed.

You must file a petition under Penal Code §1203.4, et seq, complete required forms, notify the prosecutor, and attend a hearing if required. An attorney can streamline the process and ensure proper filing.

Most individuals who successfully completed probation and were not sentenced to state prison qualify, though persons who served in a California Conservation Camp are eligible for an expungement. Eligibility varies depending on the offense, sentence, and whether there are pending criminal matters.

The process includes reviewing your record, determining eligibility, filing a petition for dismissal, attending hearings if necessary, and obtaining the court’s order granting the expungement.

Benefits include improved employment opportunities, protection during background checks, ability to state you have not been convicted in most private employment applications, and greater social and financial stability.

In California, an expungement is a dismissal under PC §1203.4 (and other related sections). The conviction remains on record but is changed to show “dismissed,” offering substantial relief for employment and background checks.

Expungement updates the record to show a dismissal, while sealing a record removes even the record of arrest. Sealing is generally more restrictive and available in limited situations typically where no conviction occurred at all.

Yes, most DUI convictions can be expunged if probation was completed. However, an expunged DUI can still count as a prior in future DUI cases and may affect driving-related consequences.

Many domestic violence misdemeanors can be expunged if probation is completed. Some felony DV cases may also qualify, depending on the sentence and whether state prison was imposed.

The petition is typically filed under Penal Code §1203.4 (or related statutes such as §1203.4a or §1203.41), requesting the court dismiss the conviction.

Most expungements take between 1–3 months depending on court workload, complexity of the case, and whether objections are filed.

Expunged convictions often will not appear in most private employer background checks, but certain government agencies, licensing boards, and law enforcement may still see them.

Yes. After expungement, you can legally answer “no” to most questions asking whether you’ve been convicted of a crime, significantly improving job prospects.

No. Expungement does not restore firearm rights. Gun rights must be restored through other legal procedures such as a pardon or reduction of charges.

While you can file on your own, a Riverside expungement attorney ensures eligibility evaluation, accurate filings, responses to prosecutors, and stronger arguments for granting your petition.

Gressley & Donaldson: Skilled Expungement Lawyer for Petitions & Dismissal

At Gressley & Donaldson, we understand that everyone makes mistakes. However, we also believe that your past mistakes should not haunt you for the rest of your life. Luckily, it is possible to remove a conviction from your record through the process known as an expungement or a petition for dismissal in California.

Case after case, we have seen the lives of our clients change for the better after getting an expungement. If you are ready to free yourself of your past mistakes and start a new life, discuss your options with our expungement lawyer at Gressley & Donaldson.

Riverside Expungement Lawyer