Experienced San Diego Expungement Attorney
Last updated on February 18, 2026
Everyone makes mistakes, but one mistake does not have to mean the end of the world. If not taken care of, the past can come back to haunt you. If you have been convicted of a criminal violation in San Diego County, there are options available to you that may allow you to improve your criminal record. This process, which is accomplished through Penal Code Section 1203.4, is often referred to as “expungement,” and has been expanded by recent updates in the law.
If an “expungement” of your misdemeanor or felony conviction pursuant to the California Penal Code Section 1203.4 is granted, you are no longer considered “convicted” under California law, subject to a few exceptions. Thus, if you are seeking a new job in San Diego and obtain an “expungement” of your criminal charges, you would be able to indicate on your job application that you have never been convicted of a crime, subject to a few exceptions.
How Do You Begin The Expungement Process In San Diego?
Your first step is to contact an experienced San Diego expungement attorney to help determine your most effective approach. Our attorney, Mark Deniz, will sit down with you to hear your story and discuss all possible options about your case in full confidentiality.
Our San Diego lawyer Mark Deniz has helped numerous clients improve their records and move on in their lives with misdemeanor and felony expungements. While no attorney can promise or guarantee the outcome or results of any criminal charge, attorney Mark Deniz will work tirelessly on behalf of all our clients.
Contact our firm, The Law Offices of Mark Deniz APLC at 858-429-9982 today and find out how you can take the first step toward improving your criminal record.
Common Questions About Expungement
How Do I Expunge My Criminal Record?
Below is a general guide through the Penal Code Section 1203.4 expungement motion process. If you are successful with your motion, the benefits are extraordinary. It can clear the way for you to obtain employment, housing and peace of mind.
There are precise requirements that must be adhered to when you are seeking to expunge your criminal record. If you proceed without an attorney and make a mistake during the process, your expungement motion can be denied.
Because of technical requirements, the expungement process in San Diego is best handled by a skilled attorney who understands the intricacies of the process and who can efficiently navigate the court system.
The process of your San Diego expungement will likely depend on these three issues:
Is My Case Eligible For Expungement?
The first consideration is eligibility. Most cases in San Diego courts are eligible for the expungement process. As a former prosecutor, attorney Mark Deniz has handled hundreds of these motions. A few charges are not eligible for expungement, including certain sex offense felony violations in the Penal Code. However, recent changes in California criminal law now allow for expungements that were not available in the previous years.
An effective expungement lawyer can carefully evaluate your situation and determine whether these changes in the law now allow for an expungement motion pursuant to Penal Code Section 1203.4. Misdemeanor and felony violations not otherwise eligible for this motion may still be eligible for a Certificate of Rehabilitation and Pardon, which should also be handled by an experienced lawyer.
Do I Need To Expunge A Felony Or A Misdemeanor Record?
The third consideration is determining whether you have been convicted of a felony or a misdemeanor. If you have been convicted of a felony, the process can be more challenging. An experienced San Diego expungement attorney will be familiar with these limited exceptions and can advise you of other options available for these charges.
Many felony charges, however, can be expunged. An expungement of a felony case oftentimes involves first filing a Penal Code Section 17(b) Motion to reduce the felony conviction to a misdemeanor conviction. This motion is appropriate when the conviction is a “wobbler,” and could have been charged as either a felony or a misdemeanor.
When a judge agrees to a reduction of the violation, the next step is the Penal Code Section 1203.4 Motion, commonly referred to as an Expungement Motion. The motion is ultimately evaluated by a judge who makes a determination if the case is eligible and suitable for expungement.
How Will An Expungement Clear My Criminal Record?
Essentially, when you have a case expunged, the court allows your previously entered guilty or no contest plea (or verdict) to be withdrawn, and the case is then dismissed. This process provides an opportunity for you to move on with your life without this criminal conviction holding you back. As a former prosecutor and expungement lawyer, Mark Deniz can carefully explain to you the details and exceptions of this process.
If I’m Convicted Of DUI, Can I Get It Expunged?
Once you comply with all court orders, you may request the court to expunge the criminal action for DUI from your record. However, you must remember that even if the DUI is expunged from your record, it can still be used against you. Here are three scenarios:
- If you receive another DUI within 10 years from the date of your arrest/offense, it will count as a prior DUI offense
- If you are convicted of another criminal charge, the judge may use this conviction to determine or enhance punishment on your current charge
- If you later drive with alcohol in your system and hit and kill a person, your prior conviction can elevate the current offense to murder
Keep in mind that your request for DUI expungement may also be opposed by the prosecution and declined by the court.
What Is The General Process To Expunge An Old DUI/Criminal Record Not On File With The Court?
Usually if the criminal record is within five years old, the court may have the physical file. However, after a period of time, the court usually sends the file to a remote storage location. And then usually it gets deleted.
If your criminal record is too old and not on file with the court, you can still expunge the record, although you will have to go through Live Scan. Live Scan is a fingerprint process to obtain old records. While some locations accept drop-ins, others are by appointment only. Be sure to call ahead for availability and pricing information.
Live Scan should give you the DOJ court record/paperwork on the spot. After you receive your record, you must file the expungement application with the court. Once filed, you may receive a notice of hearing, although sometimes the court just grants the dismissal and sends you a notice of the expungement.
Take Charge Of Your Future Today
You do not deserve to live a life where you are crippled by your criminal record. Reach out to our San Diego law firm, The Law Offices of Mark Deniz APLC today at 858-429-9982 or book your initial consultation through our online contact form.
