• Home
• Violent Crimes
• Expungement / Record Clearance After Violent Crime Conviction

A Violent Crime Conviction in California Does Not Have to Be Permanent

Dismissal Under PC § 1203.4, Certificates of Rehabilitation, and Gubernatorial Pardons Each Offer a Different Path With Different Eligibility Rules and Different Practical Effects on Employment, Licensing, and Firearm Rights

California criminal defense attorney David Chesley has successfully obtained expungements, dismissals under PC § 1203.4, certificates of rehabilitation, Governor's pardons, and other forms of record relief for clients with violent crime convictions — in criminal courts across every county in California. Record clearance after a violent crime conviction is more complex than standard expungement — but it is frequently available and frequently life-changing. The specific pathway depends on your conviction, sentence, and time elapsed. Every option is assessed and pursued. Build your future now.

Reviewed by David S. Chesley, Esq., Managing Attorney — Law Offices of David S. Chesley, Inc.

READY TO CLEAR YOUR RECORD? START WITH THESE STEPS

• Do not assume expungement is unavailable because your conviction was for a violent crime — California's record clearance system includes multiple pathways beyond standard PC § 1203.4 expungement, including Certificate of Rehabilitation, Governor's pardon, PC § 17(b) felony reduction, early termination of probation, Proposition 47 reclassification, and SB 731 automatic sealing; the pathway available depends on your specific conviction and sentence
• Do not wait longer than necessary — waiting periods for Certificates of Rehabilitation and Governor's pardons begin running from release or probation completion; the earlier the process begins, the earlier the relief becomes available; and in the meantime, other relief — early termination of probation, PC § 17(b) felony reduction, arrest record sealing — may be available right now
• Gather your complete criminal record — all convictions, sentences, probation and parole history, and custody periods are relevant to identifying every available pathway
• Contact experienced counsel immediately — record clearance petitions require specific documentation, specific procedural compliance, and in many cases a compelling rehabilitation record that is most effectively assembled with experienced guidance

Call now for a free, confidential consultation — available 24/7.
📞 (800) 755-5174

THE HIDDEN COST OF A RECORD THAT'S STILL VISIBLE

Every day without record clearance, the conviction still shows on background checks, blocks licensing, affects housing, and limits opportunities that California law may already allow you to remove.

What a conviction record costs daily:

• Employment — violent crime convictions disqualify applicants from healthcare, education, government, finance, childcare, and most positions of trust; many employers have blanket policies regardless of how long ago the conviction was
• Professional licensing — nursing, teaching, contracting, real estate, law, and all other licensed professions require disclosure; conviction records cause denial, revocation, or suspension
• Housing — private landlords and federal public housing programs reject applicants with violent crime conviction records
• Education — some colleges, universities, and scholarship programs screen for criminal history
• Civic rights — felony convictions restrict jury service, notary public eligibility, and many government positions
• Immigration — for non-U.S. citizens, the conviction continues to affect immigration proceedings even after sentence completion
• Personal and professional stigma — in relationships, community, and professional settings

Call (800) 755-5174 to find out which pathways are available on your specific record.

THE PATHWAYS CALIFORNIA LAW ACTUALLY OFFERS

Available Pathways Comparison:

Call (800) 755-5174 to assess which pathways apply to your specific conviction.

EACH PATHWAY, EXPLAINED IN PLAIN TERMS

Pathway One: Dismissal Under PC § 1203.4 (Standard Expungement)

PC § 1203.4, California's primary expungement statute, lets a court dismiss a conviction and enter a not guilty plea in its place, provided probation was completed successfully, no time was served in state prison (or the time served would now be a county jail sentence under AB 109), and the person isn't currently facing another charge, on probation, or serving another sentence.

What PC § 1203.4 expungement does:

• The conviction is dismissed and a not guilty plea is entered in its place
• In most private employment contexts, the defendant may truthfully state they have not been convicted of the offense
• Most private background checks will no longer show an active conviction
• State licensing boards give significant weight to the expungement and many treat it as evidence of rehabilitation
• The employment application question "Have you ever been convicted of a felony?" may be answered "No" in most private employment contexts after a felony is expunged

What PC § 1203.4 expungement doesn't do:

• Does not seal the record from law enforcement or from criminal courts in future proceedings
• Does not eliminate the conviction for federal purposes — federal agencies and federal employers may still use the conviction
• Does not restore firearms rights lost under federal law from domestic violence convictions
• Does not eliminate the conviction for sex offender registration purposes
• Does not apply to state prison sentences unless those convictions would now be served in county jail

How this applies to violent crime convictions specifically: plenty of people convicted of violent offenses received probation rather than state prison time — first-time offenders, cases with mitigating circumstances, cases resolved favorably. These individuals are often eligible for PC § 1203.4 expungement once probation is complete, and the dismissal delivers its full benefit for employment, licensing, and everything else.

Pathway Two: Reducing a Felony to a Misdemeanor Under PC § 17(b)

For wobbler offenses — those chargeable as either a felony or misdemeanor — PC § 17(b) lets a court reduce a felony conviction down to a misdemeanor. Plenty of violent offenses are wobblers, including PC § 243(d) aggravated battery, PC § 245(a)(1) assault with a deadly weapon, and PC § 245(a)(4) assault with force likely to produce great bodily injury. A wobbler felony sentenced to probation rather than state prison time is generally a candidate for this reduction.

What a PC § 17(b) reduction accomplishes:

• Converts the felony to a misdemeanor for all future purposes, changing how the record shows up on background checks, employment applications, and licensing proceedings
• Removes the felony designation entirely from employment applications and background checks
• Restores jury eligibility, notary public eligibility, and access to certain government positions that require no felony record
• Eliminates the Three Strikes strike designation entirely — once reduced to a misdemeanor, the conviction no longer counts as a strike, which is one of the most valuable and most overlooked benefits of this pathway
• Opens eligibility for a follow-up PC § 1203.4 expungement once probation is complete

Combining a PC § 17(b) reduction with a follow-up PC § 1203.4 expungement produces the most complete relief available for a probationary violent crime felony — first converting it to a misdemeanor, then dismissing it outright.

Pathway Three: Ending Probation Early Under PC § 1203.3

Before PC § 1203.4 expungement is even available, it's sometimes worth petitioning to end probation early under PC § 1203.3. For someone who's served more than half their probationary term, complied with every condition, and can show that ending it early serves the interests of justice, a court can terminate probation ahead of schedule — making PC § 1203.4 expungement available immediately rather than waiting out the full term. This gets paired with the expungement petition whenever most of probation is already behind someone and there's a real reason — a job offer, a licensing application — that makes earlier relief matter.

Pathway Four: The Certificate of Rehabilitation Under PC § 4852.01

For anyone who served time in state prison — and therefore doesn't qualify for standard PC § 1203.4 expungement — the Certificate of Rehabilitation under PC § 4852.01 is the main route to formal judicial recognition of rehabilitation, and it's also the key stepping stone toward a Governor's pardon.

Who qualifies: someone convicted of a felony, released from state prison, who has continuously lived in California for the required waiting period following release — generally seven years from release or from the start of probation, though longer for certain more serious offenses including some sex offenses.

What a Certificate of Rehabilitation accomplishes:

• Delivers formal judicial recognition of rehabilitation — an actual court order, based on evidence presented at a hearing, declaring the petitioner rehabilitated
• Doubles as an automatic Governor's pardon application — probably the most valuable and most overlooked feature, since getting the Certificate itself kicks off the pardon process without any separate filing
• Relieves the petitioner of having to disclose the conviction in many licensing contexts, since many California licensing boards treat the Certificate as a significant factor that reduces or eliminates the conviction's impact on licensing
• Serves as strong evidence of rehabilitation for employment, housing, and professional situations generally

What the Certificate doesn't do: it doesn't seal or expunge the underlying conviction, which still shows up on background checks. It changes how the conviction is treated and provides strong rehabilitation evidence, but it doesn't erase the record itself.

A Certificate petition needs the most comprehensive rehabilitation evidence of any pathway — employment history, family and community contributions, letters of support from employers and community leaders, evidence of sobriety where relevant, educational achievement, and anything else demonstrating genuine, sustained change. How strong that record is tends to be the deciding factor in whether the Certificate gets granted.

Pathway Five: A Governor's Pardon

A Governor's pardon is the most complete form of relief available under California law. It restores nearly all civil rights lost because of the conviction, including — in most cases — the right to own firearms in California (though a federal prohibition can still apply in domestic violence cases), jury eligibility, and every other civil right the conviction restricted.

For most felony convictions, the road to a pardon starts with the Certificate of Rehabilitation, which automatically doubles as the pardon application. The Governor then reviews the Certificate record and the person's overall rehabilitation before deciding. In some cases — particularly older convictions with clearly established rehabilitation — a direct application to the Governor's office happens without going through the Certificate process first.

What it takes: a pardon for a violent crime conviction requires a genuinely compelling rehabilitation record — stable employment, community involvement, family responsibilities, a completely clean record since the conviction, and character that's both authentic and well-documented. Whether it goes through the Certificate process or a direct application, the pardon petition gets assembled with the same rigor as a Romero motion, identifying and presenting every piece of evidence that shows how the person's life has changed.

What it doesn't do: a pardon doesn't seal or expunge the underlying conviction — it restores civil rights, but the conviction still shows up on background checks. It also doesn't restore the federal firearms prohibition from a misdemeanor domestic violence conviction. And the whole process takes a long time — from the Certificate petition through the Governor's decision, think years, not months.

Pathway Six: Automatic Sealing Under SB 731

Senate Bill 731, effective July 1, 2023, automatically seals most felony conviction records after the applicable waiting period, provided the sentence is complete and no new felony conviction has occurred. No petition is required — for eligible people, sealing just happens once the waiting period runs.

What SB 731 accomplishes: it seals the felony record from most background checks, delivering about the most complete practical record clearance available for eligible convictions, with zero effort required from the person.

What SB 731 doesn't cover: it excludes a specific list of serious and violent felonies — murder, attempted murder, rape, robbery, residential burglary, carjacking, and other offenses enumerated in PC § 667.5(c) and PC § 1192.7(c). If a conviction falls in that excluded list, SB 731 isn't an option, though the other pathways still are. For violent crime convictions that don't fall in the excluded categories — including some wobbler offenses not charged under the most serious statutes — SB 731 eligibility gets checked in every consultation.

Pathway Seven: Sealing Arrest Records Under PC § 851.87 / PC § 851.91

For anyone whose violent crime charge was dismissed, ended in acquittal, or resolved through diversion without a conviction, the arrest record itself can be sealed under PC § 851.87 or PC § 851.91. A sealed arrest record won't show up on most background checks, and these petitions get filed the moment someone's eligible — in every case where the charge didn't result in a conviction.

Pathway Eight: Reclassification Under Proposition 47

Proposition 47, passed in 2014, reclassified certain nonviolent drug and theft offenses from felonies to misdemeanors and created a way to reclassify old felony convictions for those same offenses. It's mainly aimed at drug and theft crimes rather than violent ones, but people with violent crime convictions often also have older drug or theft felonies that qualify for reclassification — and addressing those as part of an overall record-clearance strategy can meaningfully improve the whole background check picture.

BEING HONEST ABOUT WHAT RECORD CLEARANCE WON'T CHANGE

Honest representation includes being clear about what record clearance cannot accomplish — because the limitations of each pathway are as important as the benefits, and understanding those limitations allows clients to make informed decisions and realistic plans.

PC § 1203.4 expungement — what it doesn't reach:

• It doesn't seal the record from law enforcement, criminal courts in future proceedings, or government employers in every circumstance — law enforcement and courts always keep access to the full history
• It doesn't erase the conviction for federal purposes — federal agencies, employers, and licensing bodies can still consider it, since a California PC § 1203.4 dismissal doesn't clear a federal background check
• It doesn't restore federal firearms rights lost under the Lautenberg Amendment from a misdemeanor domestic violence conviction
• It doesn't remove any sex offender registration requirement tied to the conviction
• It doesn't apply to state prison sentences unless that conviction would now be served in county jail under AB 109

Certificate of Rehabilitation — what it doesn't reach:

• It doesn't seal or expunge the underlying conviction, which still shows up on background checks even after it's granted
• It doesn't eliminate any federal consequence of the prior conviction
• The waiting period is long — seven years or more from release or from completing probation

Governor's pardon — what it doesn't reach:

• It doesn't seal or expunge the underlying conviction, which still appears on background checks even after the pardon is granted
• It doesn't restore federal firearms rights lost to a misdemeanor domestic violence conviction
• It's entirely at the Governor's discretion — not guaranteed no matter how strong the rehabilitation record is

Limitations that apply across every pathway:

• None of these pathways stop a prior conviction from being counted in future criminal proceedings for sentencing purposes — it still factors into criminal history calculations even after expungement
• None of these pathways retroactively undo immigration consequences already triggered by the original conviction, though they may affect how it's treated in future immigration proceedings
• None of these pathways remove sex offender registration requirements in most circumstances

THE APPROACH TAKEN ON EVERY RECORD CLEARANCE CASE HERE

Every record clearance case gets David Chesley's direct attention — assessing every available pathway, building the strongest possible rehabilitation record, and sequencing petitions to get the most complete relief in the least amount of time. Coverage spans every California county, available around the clock. No case gets handed to a junior associate.

What happens in every record clearance case:

Complete eligibility review — every available pathway gets checked against the specific conviction, sentence, and post-conviction history starting at the first consultation, so nothing gets missed.

Strategic sequencing — figuring out and executing the right order of petitions, whether that's early termination under PC § 1203.3 followed by PC § 1203.4, a PC § 17(b) reduction followed by expungement, or a Certificate of Rehabilitation followed by a pardon application — whatever combination gets the fullest relief fastest.

Rehabilitation record building — for Certificate and pardon applications, the full rehabilitation picture gets assembled: employment history, community involvement, letters of support, education, sobriety evidence, and anything else that documents genuine, sustained change.

Petition preparation and filing — every petition gets the exact documentation and procedural compliance the court requires, presented as persuasively and completely as possible.

Free, confidential case review — available 24/7, no obligation.
📞 (800) 755-5174 | 📧 calllog@chesleylawyers.com

YOU HAVE OPTIONS — MAKE SURE YOU KNOW ALL OF THEM

Record clearance is available — and every eligible person deserves to pursue it. Common resolutions:

• PC § 1203.4 expungement granted — PC § 243(d) aggravated battery conviction dismissed; employment applications improved; nursing license application approved
• PC § 17(b) felony reduced to misdemeanor — PC § 245(a)(1) assault with a deadly weapon; felony reduced; Three Strikes strike eliminated; jury service and civic rights restored
• Early termination followed by expungement — PC § 273.5 domestic violence; probation terminated early under PC § 1203.3; PC § 1203.4 expungement granted immediately; employment opportunity pursued months earlier
• Felony reduced and expunged in combination — PC § 243(d) felony; PC § 17(b) reduction and PC § 1203.4 expungement granted in same hearing; fullest available probationary record clearance achieved
• Certificate of Rehabilitation granted — PC § 245(a)(1) state prison sentence served; comprehensive rehabilitation record assembled; Certificate granted; automatic Governor's pardon application filed; licensing board application approved
• Governor's Pardon granted — prior robbery conviction; Certificate of Rehabilitation served as automatic pardon application; comprehensive post-conviction record of employment, family, and community contribution presented; Governor's pardon granted; civil rights including California firearm rights restored
• Arrest record sealed — PC § 243(d) charge dismissed following suppression motion; arrest record sealed under PC § 851.91; record no longer appearing on most background checks
• Comprehensive multi-pathway relief — PC § 17(b) reduction followed by PC § 1203.4 expungement for current conviction; Proposition 47 reclassification for prior drug felony; multiple convictions addressed comprehensively; background check dramatically improved; teaching credential approved

WHY PEOPLE REBUILDING THEIR RECORD CHOOSE THIS OFFICE

Direct, personal attention — statewide, 24/7. David Chesley personally handles record clearance petitions across every California county — Los Angeles, San Diego, Orange County, San Francisco, Sacramento, Fresno, San Jose, Riverside, San Bernardino, Ventura, and every other jurisdiction. Available around the clock, because figuring out which pathway applies is best done early, before delay extends any waiting period unnecessarily.

Straight talk, always. Record clearance after a violent crime conviction ranges from straightforward PC § 1203.4 cases, to Certificate of Rehabilitation situations, to cases where a specific conviction is simply excluded from relief and honest counsel means saying so plainly. You deserve a genuine answer about what's actually available on your record — no false promises, no overpromising relief the law doesn't provide.

Every pathway gets identified, not just one. The most common mistake in record clearance work is pursuing a single pathway without checking whether a combination would do more — filing for PC § 1203.4 expungement alone when a PC § 17(b) reduction first would have produced fuller relief, or a Certificate application alone when starting it earlier could have led to a pardon sooner. Every available pathway gets identified and pursued together, strategically.

Flexible payment plans are available, because cost shouldn't decide whether someone eligible for record clearance gets experienced help pursuing it.

FREQUENTLY ASKED QUESTIONS

Can a violent crime conviction be expunged?
It depends on the specific conviction and sentence. If probation was imposed rather than state prison time, PC § 1203.4 expungement is likely available once probation is complete. If state prison time was served, PC § 1203.4 generally isn't an option, but the Certificate of Rehabilitation provides significant relief and doubles as an automatic Governor's pardon application. Every conviction and sentence gets checked against every available pathway at the initial consultation.

Can someone who served state prison time still get relief?
Not through PC § 1203.4, but the Certificate of Rehabilitation under PC § 4852.01 is available after the required waiting period, and it doubles as an automatic Governor's pardon application. The Certificate delivers formal judicial recognition of rehabilitation and meaningful relief in licensing proceedings. It doesn't seal or expunge the record, but it changes how the conviction gets treated for employment and licensing, and it starts the pardon process.

What does PC § 1203.4 expungement actually do, and not do?
It dismisses the conviction and substitutes a not guilty plea. In most private employment settings, this means being able to truthfully answer “No” to a conviction question, and background checks improve. State licensing boards weigh it heavily. But it doesn't seal the record from law enforcement or government employers in every case, doesn't erase the conviction for federal purposes, doesn't restore all firearms rights, and doesn't undo immigration consequences already triggered.

Can a violent crime felony be reduced to a misdemeanor?
Yes — if the offense is a wobbler and probation was imposed rather than state prison time, a PC § 17(b) reduction is available. Plenty of violent offenses are wobblers, including PC § 243(d), PC § 245(a)(1), and PC § 245(a)(4). The reduction converts the felony to a misdemeanor for all purposes, eliminates the Three Strikes designation, and opens eligibility for a follow-up PC § 1203.4 expungement.

What does a Governor's pardon actually do?
It's the most complete relief available, restoring nearly all civil rights lost to the conviction, including — in most cases — the right to possess firearms in California. For most felonies, the road to a pardon starts with a Certificate of Rehabilitation, which automatically serves as the pardon application. Getting one requires a genuinely compelling rehabilitation record.

Does record clearance help with immigration status?
It doesn't retroactively undo immigration consequences already triggered by the conviction. That said, a PC § 1203.4 dismissal, a Certificate of Rehabilitation, or a pardon does change the record in ways that can affect how it's treated in future immigration proceedings. For non-U.S. citizens, the specific implications of each pathway need review with immigration-aware counsel before any petition gets filed.

Are payment plans available?
Yes — the Law Offices of David Chesley offers flexible payment plans, because cost shouldn't decide whether someone eligible for record clearance gets experienced representation. These options get discussed during the free consultation.

Still have questions? We're available 24/7 for a free, no-obligation consultation. 📞 (800) 755-5174

FIND OUT WHAT YOU QUALIFY FOR — FREE CONSULTATION

Record clearance is available right now for a lot of violent crime convictions, and every day it goes unpursued is another day the conviction keeps showing up on background checks, blocking employment, and affecting licensing decisions that the law already offers a way past. If probation ended years ago, a PC § 1203.4 petition can typically be filed and resolved within months — there's no reason to let that dismissal sit unclaimed. If a wobbler felony was sentenced to probation, a PC § 17(b) reduction can eliminate the felony designation, the strike, and the civic rights restrictions the moment it's granted. And for anyone who's already cleared the waiting period after release from prison and built a solid rehabilitation record, filing the Certificate of Rehabilitation petition is what actually starts the automatic Governor's pardon process — waiting longer doesn't make the case any stronger.

Don't assume expungement is off the table just because the conviction was for a violent crime. Don't let a waiting period run without knowing exactly which pathway it's counting toward, or whether other relief is available in the meantime. And don't wait to make the call. If a violent crime conviction in California is blocking your employment, your license, or your ability to move forward, reach out now.

The Law Offices of David Chesley offer a free, confidential consultation available 24 hours a day, 7 days a week. No judgment. No pressure. Honest answers about every record clearance pathway available on your specific record — and what can be done right now to pursue the most complete relief as quickly as possible.

Flexible payment plans available — because cost should never be the reason someone eligible for record clearance goes without the experienced representation this process deserves.

David Chesley handles record clearance petitions — expungements, felony reductions, early termination of probation, Certificates of Rehabilitation, and Governor's pardon applications — in criminal courts across all of California — Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Santa Barbara County, Kern County, Fresno County, Sacramento County, Alameda County, Santa Clara County, San Francisco County, Contra Costa County, San Joaquin County, Stanislaus County, Monterey County, and every other jurisdiction statewide.

Se habla español.

📞 (800) 755-5174 📧 calllog@chesleylawyers.com 🌐 www.chesleylawyers.com

"A conviction for a violent crime does not have to permanently define a person's opportunities. California's record clearance system — expungement under PC § 1203.4, felony reduction under PC § 17(b), Certificate of Rehabilitation, Governor's pardon, and arrest record sealing — provides multiple pathways to formally recognize rehabilitation and remove barriers that persist long after any sentence is served. My commitment is identifying every available pathway on the specific record, pursuing the fullest relief in the most strategic sequence, and presenting the most complete and persuasive rehabilitation record — so that the conviction becomes part of the past rather than a permanent obstacle to the future."
— David Chesley, California Criminal Defense Attorney