If you’ve ever been arrested or convicted of a crime in San Diego, the mark on your criminal record can follow you for years—even after you’ve paid your dues. It can limit your ability to get a job, rent an apartment, or apply for certain professional licenses. Fortunately, California law offers a second chance through a legal process called expungement. If you’re wondering how to expunge your criminal record in San Diego, this comprehensive guide will walk you through the steps, eligibility, benefits, and what to expect.

What Is Criminal Record Expungement?

Expungement is a legal process that allows individuals to petition the court to dismiss certain convictions from their criminal record. In California, this doesn’t mean your record is completely erased, but the conviction is changed to a dismissal, which can greatly improve your chances in employment and housing applications.

For example, once your record is expunged, you can legally answer “No” when asked if you’ve been convicted of a crime (with a few exceptions, such as for government jobs or state licenses).

Why Expungement Matters in San Diego

San Diego employers, landlords, and licensing agencies often run background checks. Even a misdemeanor conviction can cause serious setbacks. Expungement offers a valuable opportunity to move forward and reclaim control of your future. It demonstrates rehabilitation and a desire to be a productive member of society. Consulting a Criminal Defense Attorney in San Diego can help you navigate the expungement process more effectively and improve your chances of a successful outcome.

Understanding how to expunge your criminal record in San Diego is a crucial step if you want to remove these barriers.

Who Is Eligible to Expunge a Criminal Record in San Diego?

Not everyone qualifies for expungement, but many people with prior convictions do. In general, you may be eligible if:

  • You were convicted of a misdemeanor or felony in a California state court, not federal court.
  • You have successfully completed probation, including all terms such as fines, classes, or community service.
  • You did not serve time in state prison, or if you did, it was for a crime now eligible under California’s realignment laws.
  • You are not currently charged with a crime, on probation, or serving a sentence for another offense.

Even if you violated probation, you may still qualify for expungement at the judge’s discretion. It’s worth consulting with a criminal defense attorney in San Diego for guidance.

Step-by-Step: How to Expunge Your Criminal Record in San Diego

1. Get a Copy of Your Criminal Record

Start by obtaining your criminal case summary from the San Diego County Superior Court or the California Department of Justice. This will help identify which charges and convictions are eligible for expungement.

2. Determine Eligibility

Review each conviction to see if it qualifies under California Penal Code § 1203.4. This section of the law governs most expungement cases in the state. A local attorney can quickly assess your eligibility.

3. Complete the Required Court Forms

The main form you’ll need is Form CR-180 (Petition for Dismissal). You may also need Form CR-181 (Order for Dismissal). Each conviction requires a separate petition.

Include:

  • Your case number
  • Details of the conviction
  • Dates of arrest and conviction
  • Proof that you completed probation, classes, or other court requirements

4. File the Petition with the Correct Court

File your completed forms with the San Diego County Superior Court where your conviction occurred. There may be a filing fee, though fee waivers are available if you demonstrate financial hardship.

5. Serve the District Attorney’s Office

You must serve a copy of your petition to the San Diego District Attorney’s Office. This allows the DA to respond or object to your expungement request, although many petitions go unopposed.

6. Attend the Hearing (if required)

Some cases require a court hearing, especially if you had a probation violation or are requesting early termination of probation. Be prepared to explain why you deserve a second chance.

Bring:

  • Any letters of recommendation
  • Proof of employment or volunteer work
  • Evidence of rehabilitation

If granted, the judge will sign the Order for Dismissal, and the court will update your criminal record.

How Long Does the Expungement Process Take?

The expungement process in San Diego can take 2 to 4 months, depending on court backlog, the complexity of your case, and whether a hearing is required. Simple misdemeanor cases are often faster, while felony expungements may take more time.

What Crimes Cannot Be Expunged in San Diego?

While many offenses are eligible, some serious crimes are not eligible for expungement under California law. These include:

  • Certain sex crimes involving minors (e.g., Penal Code § 288)
  • Crimes resulting in state prison sentences (unless realigned under AB 109)
  • Some violent felonies and federal convictions

It’s important to consult a lawyer to understand whether your conviction qualifies for dismissal.

What Happens After Your Record Is Expunged?

Once your petition is granted:

  • Your conviction is changed to “dismissed” on your criminal record.
  • You are no longer required to disclose the conviction in most job applications.
  • Employers and landlords may still see the dismissed charge, but many view expungement favorably.

Keep in mind: Expungement does not restore gun rights, does not remove sex offender registration, and does not seal your record. However, it’s still a major step toward clearing your name.

Should You Hire an Attorney?

While you can file for expungement on your own, hiring a criminal defense attorney in San Diego can improve your chances—especially for complex cases or felony convictions. An attorney can:

  • Ensure paperwork is accurate and complete
  • File multiple expungements at once
  • Argue on your behalf in court
  • Help with related relief like reductions from felony to misdemeanor (under Penal Code § 17(b))

If you’re serious about understanding how to expunge your criminal record in San Diego, legal guidance can save you time, stress, and costly mistakes.

Other Forms of Post-Conviction Relief in San Diego

Expungement is just one form of relief. Depending on your case, you may also qualify for:

  • Record Sealing (especially if charges were dismissed or you were found not guilty)
  • Certificate of Rehabilitation
  • Governor’s Pardon
  • Early Termination of Probation
  • Reduction of Felony to Misdemeanor (Penal Code 17(b))

Each option has its own criteria and benefits.

Final Thoughts

Knowing how to expunge your criminal record in San Diego empowers you to take control of your future. Whether you’re trying to secure a job, apply for a license, or simply move forward in life, expungement can provide the clean slate you deserve.

Thousands of San Diegans have used this process to rebuild their lives. Don’t let your past hold you back—start the expungement process today and take the first step toward a better tomorrow.