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