Under Penal Code Section 1203.4, a person who has been convicted of a crime and granted probation is entitled to have his record expunged, with the case dismissed, if (a) he has fulfilled the terms of his probation; (b) his period of probation is over; or (c) the court, in its discretion, finds that defendant, in the interest of justice, is entitled to relief.
Furthermore, Penal Code Section 1203.4 allows for probation to be terminated early to allow someone to expunge their conviction.
People v. McLernon states that a person is eligible for an expungement even if they suffered a probation violation, such as a 'dirty' drug test. A court can look at any relevant information in determining whether to grant an expungement, including post-conviction good behavior. Good conduct such as employment, education, or other methods of rehabilitation are factors which may qualify someone for expungement.
People v. McLernon also states that a person can reapply for expungement even if their request has been previously denied.
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