DUFFY LAW, A Professional Corporation
Navigating the California Penal Code can be overwhelming when your freedom is on the line. Every criminal charge is defined by a specific code section that outlines the elements the prosecution must prove and the mandatory penalties you face. At Duffy Law, PC, we provide a clear roadmap through these statutes, offering the seasoned legal interpretation needed to build a winning defense in Orange County.
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A past conviction should not be a permanent barrier to your success. At Duffy Law, PC, we specialize in “Clean Slate” legal strategies designed to modify or dismiss past criminal records. Led by William J. Duffy, an “OC Guy” with over 18 years of local experience, we help you navigate the complex process of expungement, sentence modification, and restoration of rights in the Orange County Superior Court system.
California law offers several pathways to seek relief after a conviction has been finalized. We evaluate your case to determine which strategy best fits your unique circumstances:
1. Dismissal Pursuant to Penal Code 1203.4 (Expungement)
While California does not “erase” records, a PC 1203.4 petition allows you to withdraw your guilty plea and have the case dismissed. Once granted, the court updates its records to reflect a dismissal, allowing you to truthfully tell most private employers that you have not been convicted of that crime.
2. Reducing Felonies to Misdemeanors (PC 17b)
If you were convicted of a “wobbler” offense (a crime that can be charged as either a felony or a misdemeanor), we can petition the court to reduce the conviction to a misdemeanor. This is often a critical first step in restoring civil rights, such as firearm possession eligibility.
3. Immigration Relief (PC 1473.7)
For non-citizens, certain convictions can trigger devastating immigration consequences, including deportation. Under Penal Code 1473.7, we can move to vacate a conviction if it is shown that you did not fully understand those consequences at the time of your plea.
The legal landscape for post-conviction relief has expanded significantly with recent sentencing reforms:
The process of cleaning your record in Orange County typically takes two to five months, depending on the court’s backlog and the complexity of your history.
Basic Eligibility Requirements:
Yes. If you were convicted of a “wobbler” felony in California and successfully completed probation, we can ask the court to reduce it to a misdemeanor with a Penal Code 17(b) motion. When granted, the conviction becomes a misdemeanor “for all purposes,” which can help restore certain rights (including, in some cases, firearm ownership) and make you far more competitive in the job market. Once your felony is reduced under PC 17(b), your case typically becomes eligible for expungement under Penal Code 1203.4, giving you an even cleaner record for background checks and employment.
No. In California, "expungement" is actually a dismissal. Your record will still show the case, but the status will be changed to "Dismissed in the Interests of Justice." This is a powerful tool because, for most private employment background checks, you can legally state that you have not been convicted of that crime.
Yes. If your conviction was for a "wobbler" offense (a crime that could have been charged as either a felony or a misdemeanor), we can file a PC 17(b) motion. If granted, your felony is reduced to a misdemeanor "for all purposes," which can restore your right to serve on a jury and, in many cases, significantly improve your career opportunities.
As of January 1, 2026, the Racial Justice Act (RJA) has reached full retroactivity. This means that anyone with a felony conviction—regardless of when it happened—can petition to vacate their conviction or sentence if they can show that racial bias (explicit or statistical) played a role in their case. At Duffy Law, PC, we stay at the forefront of these civil rights advancements to help you seek justice.
Generally, the process takes between two to five months.
Preparation: 2–4 weeks to gather records and draft petitions.
Court Processing: 8–12 weeks for the court and District Attorney to review the request.
Update: After the judge signs the order, it can take several weeks for the Department of Justice (DOJ) and background check companies to update their databases.
Traditional expungement (PC 1203.4) is generally not available for convictions that resulted in a state prison sentence. However, you may still be eligible for other forms of relief, such as a Certificate of Rehabilitation or a Governor’s Pardon. We can evaluate your specific history to find the best pathway forward.
Possibly. Under PC 1473.7, we can move to vacate a conviction if there was a "prejudicial error" that prevented you from understanding the immigration consequences of your plea. This is a complex area of law where early intervention by a specialist like William J. Duffy is essential.
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