A conviction on your record in San Bernardino does not have to follow you indefinitely. California law provides several mechanisms to reduce, dismiss, or seal past convictions, and the process for most people begins with a petition filed in San Bernardino Superior Court. Whether the conviction arose from a misdemeanor arrest by the San Bernardino Police Department or a felony prosecution through the San Bernardino County District Attorney’s office, eligibility for expungement depends on the specific offense, the sentence imposed, and whether probation has been completed.
What follows explains how expungement works through the San Bernardino Superior Court, who qualifies under California law, what a granted petition actually changes on your record, and where the process becomes complicated enough that legal guidance is worth considering.
What Expungement Does and Does Not Do in California
Expungement under California Penal Code 1203.4 allows a court to withdraw a guilty or no contest plea, enter a not guilty plea, and dismiss the charges. Once granted, the conviction is technically dismissed. The person may truthfully answer on most job applications that they have not been convicted of that offense.
What expungement does not do is equally important to understand before starting the process. It does not remove the record from California Department of Justice databases or from law enforcement systems. It does not restore firearm rights lost due to a felony conviction. It does not apply to positions with the state or federal government, law enforcement employment, or professional licenses issued by certain state boards. And it does not prevent the conviction from being counted as a prior offense if you face new criminal charges in the future.
For San Bernardino residents wondering what a potential employer will actually see after expungement, the answer depends on the type of background check being run. A criminal background check attorney can pull your current record and give you a clear picture of what is visible before you apply for jobs, housing, or professional licenses.
Who Qualifies to Expunge a Criminal Record in San Bernardino
Eligibility under Penal Code 1203.4 requires meeting several conditions:
- You must have completed probation for the conviction, or obtained early termination of probation from the court.
- You must not currently be charged with, serving a sentence for, or on probation for any other criminal offense.
- The conviction must not have resulted in a state prison sentence. County jail sentences qualify; state prison sentences generally do not under the standard process. State prison sentences are generally treated differently under California law, which is why they often require alternative forms of post-conviction relief rather than a standard expungement petition.
- The offense must not be one of the categories specifically excluded from expungement, including most sex offenses requiring registration under Penal Code 290.
Eligibility by conviction type in San Bernardino:
| Conviction Type | Eligible? | Notes |
| Misdemeanor (probation completed) | Yes | Standard PC 1203.4 petition filed in San Bernardino Superior Court |
| Felony (county jail, no state prison) | Yes | Wobbler felonies often eligible; state prison sentences are not |
| Felony (state prison sentence) | No (standard) | May qualify for PC 17(b) reduction to misdemeanor first |
| Marijuana conviction (Prop 64) | Yes | Separate process under HSC 11361.8; stronger relief available |
| Arrest without conviction | Yes | Petition to seal under PC 851.91 rather than expungement |
| Sex offense requiring registration | No | PC 290 registrants are excluded from expungement relief |
Where San Bernardino Expungement Cases Are Filed: San Bernardino Superior Court
San Bernardino Superior Court handles expungement petitions for convictions entered in San Bernardino County. The court has multiple branch locations across the Inland Empire, and petitions must be filed in the specific courthouse where the original conviction was entered. For most San Bernardino city convictions, that means the Central Division courthouse on North Arrowhead Avenue.
The San Bernardino Superior Court expungement process begins with filing a formal petition, supporting documentation showing probation completion, and in some cases a declaration setting out the reasons the court should grant relief. The San Bernardino County District Attorney’s office has the opportunity to oppose the petition, and a hearing may be scheduled before the judge. Opposition is relatively uncommon in routine cases but may occur if there are disputes about eligibility, probation compliance, or the applicant’s criminal history. In uncontested cases, many petitions are granted without a hearing.
San Bernardino County has processed a significant volume of Prop 64 marijuana conviction relief cases automatically through the AB 1793 review, but standard expungement petitions under Penal Code 1203.4 require individual filing. The court does not initiate the process on your behalf.
Sealing San Bernardino Police Arrest Records
Expungement applies only to convictions. A separate process governs arrests that did not result in a conviction, including cases where charges were never filed, were dismissed, or ended in an acquittal. Under California Penal Code 851.91, individuals arrested but not convicted may petition the court to have the arrest record sealed and destroyed.
Sealing an arrest record can remove barriers to employment, housing, and professional licensing that may arise even when no conviction occurred. For many individuals, sealing addresses the practical consequences of an arrest that might otherwise continue to appear during background checks.
San Bernardino Police Department arrest records that meet the criteria under PC 851.91 can be sealed, which removes them from most databases accessible to employers, landlords, and licensing boards. The petition is filed in San Bernardino Superior Court in the county where the arrest occurred. Once sealed, the person may generally state on job applications that the arrest did not occur.
There are exceptions. Law enforcement agencies retain access to sealed records for certain purposes, and some licensing boards, particularly those governing positions involving public safety or work with vulnerable populations, may still access sealed arrest records. An attorney can advise on what a sealed arrest record will and will not affect in your specific situation.
Early Termination of Probation in San Bernardino
Many San Bernardino residents are eligible for expungement but are still serving out probation terms. If you have completed at least half of your probation, complied with all conditions, and can show the court good cause for early termination, a petition under Penal Code 1203.3 can shorten your probation and immediately open the path to expungement. Probation modification and early termination is typically filed in the same San Bernardino Superior Court division that handled the original sentencing.
The San Bernardino County Probation Department may submit a report to the court in response to a termination petition. Having an attorney who can present a strong case for early termination, including evidence of rehabilitation, employment, and community ties, increases the likelihood of a favorable outcome.
Prop 47 and Prop 64 Relief for San Bernardino Convictions
Two additional pathways are available for San Bernardino residents with specific types of convictions. Prop 47 resentencing allows individuals with qualifying felony convictions for offenses such as drug possession, petty theft, shoplifting, and receiving stolen property to petition for reduction to a misdemeanor. The financial threshold for felony theft charges under Prop 47 is $950, meaning many conviction amounts that were felonies before 2014 now qualify for reduction.
Prop 64 provides separate relief for marijuana convictions that are now legal or that carry a lower classification under current law. San Bernardino County has processed a portion of eligible cases automatically, but not all. If your marijuana conviction still reflects the original felony or misdemeanor classification, a direct petition in San Bernardino Superior Court remains available.
Reducing a felony to a misdemeanor under either Prop 47 or Prop 64 before pursuing expungement produces the strongest result because it changes both how the conviction appears on background checks and eliminates the collateral consequences specific to felony status.
Frequently Asked Questions
How long does the expungement process take in San Bernardino?
Processing times in San Bernardino Superior Court vary depending on current caseload and whether the petition is contested. Uncontested petitions typically resolve within 60 to 90 days of filing. Petitions that require a hearing before a judge, or that draw a response from the District Attorney’s office, take longer. Having complete and properly formatted paperwork at the time of filing avoids delays caused by rejected or incomplete submissions.
Can I expunge a DUI conviction in San Bernardino?
Yes, in most cases. A misdemeanor DUI conviction in San Bernardino County is eligible for expungement under Penal Code 1203.4 once probation is completed. A felony DUI that resulted in a county jail sentence rather than state prison is also generally eligible. A felony DUI that resulted in a state prison commitment requires a different analysis. The expungement does not remove the DUI from your DMV driving record, which retains it for 10 years, but it does affect what most employers see on a criminal background check.
Does expungement restore firearm rights in California?
Not automatically. A felony conviction, even after expungement, continues to prohibit firearm possession under California Penal Code 29800. If the felony was a wobbler and was reduced to a misdemeanor before or as part of the expungement process, firearm rights may be restored depending on the specific offense. Certain misdemeanor convictions, particularly domestic violence offenses, carry their own separate firearm prohibitions that are not lifted by expungement. Each situation requires individual legal analysis.
Will expungement help with immigration consequences in San Bernardino?
It depends on the conviction and the immigration context. Federal immigration law does not recognize California expungement for most purposes, meaning an expunged conviction may still be treated as a conviction for immigration proceedings. However, expungement can sometimes help with certain visa applications and residency processes where state law definitions apply. Anyone with immigration concerns related to a criminal conviction should consult with an attorney familiar with both criminal and immigration law before relying on expungement to resolve those issues.
What if my petition is denied in San Bernardino Superior Court?
A denial is not always final. The court may deny a petition because of incomplete documentation, a contested factual record, or because the specific offense falls outside the eligible categories. An attorney can review the basis for the denial, address any deficiencies in the petition, and in some cases file a renewed petition or pursue alternative relief such as a Prop 47 reduction before re-applying for expungement.
Talk to a San Bernardino Expungement Attorney
The expungement process in San Bernardino is navigable, but the petition must be filed correctly, in the right court, with the right supporting documentation, and after all eligibility conditions are met. Errors in filing delay the process, and a denied petition may require addressing underlying eligibility issues before reapplying.
Manshoory Law Group handles expungement petitions throughout San Bernardino County and the Inland Empire. Lead attorney Shaheen Manshoory holds the California State Bar Certified Legal Specialist designation in Criminal Law, one of fewer than 500 attorneys in California to hold that credential. Contact Manshoory Law Group for a free case analysis to find out whether your conviction qualifies and what relief is available.