To find out whether you are eligible to have the Private Defender Program appointed on your post conviction case, please call 650-298-4000 and ask to speak to the Attorney of the Day who can screen you for eligibility.

A criminal record can make it difficult to find a job, secure housing, or move forward with your life. In many cases, people can benefit from having their conviction dismissed- commonly known as “criminal record expungement.”

The San Mateo County Bar Association’s Private Defender Program (PDP) partners with experienced panel attorneys to help eligible individuals throughout San Mateo County clear their records and move forward with their lives.

What Does It Mean to Have Your Criminal Record Dismissed?

Having your criminal record dismissed is a legal process that allows you to ask the court to set aside a conviction and dismiss the case. If granted, you can legally say in most circumstances that you do not have a criminal conviction. This process can significantly improve your chances of getting a job or finding housing. However, the conviction and arrest history remain accessible to law enforcement, the courts, and certain government agencies.

Who Is Eligible for Record Dismissal?

Under California Penal Code §§ 1203.4, 1203.4(a), and 1203.41, many misdemeanor and felony convictions can be dismissed. However, you may not be eligible if you:

  • Were convicted of certain sex-related offenses (e.g., PC §§ 286(c), 288, 288a(c), 288.5, or 289(j))
  • Are currently on probation or in a diversion program
  • Have an outstanding arrest warrant
  • Have new or pending criminal charges
  • Are currently serving a criminal sentence

Senate Bill 731, which took effect in 2023, expands eligibility for record dismissal to people who served a prison sentence—even for many serious or violent felony convictions. Exceptions primarily apply to sex-related offenses. To qualify, you must have completed your sentence (including probation) and remained arrest-free for a set period:

  • 2 years if you served a state prison sentence
  • 1 year if your sentence was served in county jail under Penal Code § 1170(h)

In many cases, the California Department of Justice will automatically seal certain nonviolent, nonsexual felony convictions if no new offenses have occurred in four years. You can contact the court’s criminal clerk’s office to confirm if your case qualifies.

How to Dismiss a Criminal Conviction in California

To begin, you must file a Petition for Dismissal in the same court where the conviction occurred. The steps include:

  1. Completing the Petition for Dismissal form
  2. Serving a copy on the prosecuting agency
  3. Submitting any required supporting documents
  4. Attending a court hearing, if required

If the judge grants your petition, you may also be eligible to apply for a Certificate of Rehabilitation, depending on your circumstances.

Other Forms of Post-Conviction Relief

In some situations, different types of legal relief may be more appropriate or provide additional benefits. These include:

  • Writ of Habeas Corpus – Challenges a conviction or imprisonment, usually due to constitutional violations. (Note: PDP cannot represent clients in writ matters. You must file and request counsel through the court.)
  • Motion to Vacate Judgment – Requests dismissal of charges due to trial errors, new evidence, or immigration-related consequences pursuant to Penal Code Section 1473.7.
  • Certificate of Rehabilitation – A judge-issued document showing evidence of rehabilitation following a conviction.
  • Exclusion from the Sex Offender Registry – Allows certain individuals to petition for removal from the registry.
  • Compassionate Release – Requests early release from prison based on serious health conditions or other extraordinary circumstances.
  • Post-Conviction Resentencing – Seeks a reduced sentence under newly enacted sentencing laws.

We’re Here to Help

The San Mateo County Bar Association Private Defender Program is committed to helping people move forward after a conviction. Our experienced attorneys provide high-quality legal representation to eligible individuals with post-conviction cases throughout San Mateo County. Whether you're looking to clear your record or explore other forms of post-conviction relief, we are committed to helping our clients get a fresh start and move forward.

For more information on whether you are eligible to have the Private Defender Program appointed on your post conviction case, please call 650-298-4000 and ask to speak to the Attorney of the Day who can screen you for eligibility.