Expungement Attorney in Sacramento
Former Prosecutor. Stronger Petitions. Free Consultations in Sacramento County.
A prior conviction doesn’t have to define your future. Under California Penal Code section 1203.4, eligible individuals can petition the Sacramento County Superior Court to have a conviction set aside and dismissed. We handle that process from start to finish. Mathew Martinez spent 13 years as a prosecutor in this same legal system, which means he knows firsthand how the Sacramento County District Attorney’s office evaluates expungement petitions and when it chooses to object.
That background translates directly into stronger petition strategy. Over a legal career spanning more than 20 years and more than 60 jury trials, Mathew Martinez has built the courtroom depth to push back when a prosecutor opposes a petition. We serve clients throughout Sacramento County and offer free initial consultations, including virtual appointments.
Call (916) 318-5142 or contact Law Office of Mathew Martinez to schedule your free consultation and find out whether you qualify for expungement.What an Expungement Does for You
Once a conviction is dismissed under Penal Code section 1203.4, the record reflects that dismissal rather than a conviction. For most private employment, you can legally answer “no” when a job application asks whether you’ve been convicted of a crime. That single change can remove a barrier that stops many qualified people from getting hired.
The practical benefits extend beyond employment:
- Rental housing: Many landlords run background checks; an expunged conviction is viewed more favorably and can improve your eligibility
- Professional licensing: California licensing boards for healthcare, real estate, teaching, and contracting weigh a dismissal differently than an active conviction
- Personal peace of mind: The record change is real and legally recognized in California courts
There are important limits to understand. Expungement doesn’t erase the record entirely. Law enforcement retains access, and the conviction may still appear in government employment screenings, applications for positions involving children, and sex offender registration requirements. Expungement also doesn’t automatically restore firearm rights for felony convictions. That requires separate legal proceedings. We can give you a clear picture of what a granted petition may and won’t change in your specific situation.
Expungement Eligibility Under California Law
Eligibility generally requires that you have completed probation, paid all fines and restitution, have no current charges pending, and aren’t currently serving a sentence. Both misdemeanors and certain felony convictions can qualify. Felony “wobblers” (offenses that can be charged as either a felony or a misdemeanor) may be reduced to a misdemeanor under Penal Code section 17(b) before or as part of the expungement process, which can significantly improve your record.
Some convictions aren’t eligible. People who served time in state prison are generally excluded, though post-realignment rules create exceptions for some cases that would now result in county jail time under current law. Certain serious offenses, including most sex offenses requiring registration and crimes against children, are categorically ineligible. Because eligibility turns on the details of your full criminal record, an attorney review is the only reliable way to know where you stand.
What Sets Us Apart
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Free ConsultationsWe believe everyone deserves access to quality legal guidance, which is why we offer free consultations.
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Trial-Tested RepresentationWith more than 60 jury trials under his belt, Attorney Martinez brings unmatched experience to every case, ensuring you're represented by a seasoned professional.
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Strategic ApproachWe believe in fighting for our clients with unwavering dedication and providing clear, strategic guidance every step of the way.
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Aggressive, Experienced DefenseWith 20+ years of experience, including 13 as a prosecutor, Attorney Martinez is known for his relentless, aggressive defense.
The Expungement Process in Sacramento County
The process begins with a review of your criminal record to confirm eligibility under Penal Code section 1203.4. If probation isn’t yet complete, we can petition the court for early termination of probation as a first step. Mathew Martinez handles that proceeding as well.
Once eligibility is confirmed, we prepare and file the petition with the Sacramento County Superior Court. The District Attorney’s office reviews the petition and has the opportunity to object. When they do, Mathew Martinez’s 13 years working alongside those prosecutors gives us a direct advantage in anticipating and countering their arguments. We handle the hearing and present the case to the judge on your behalf.
Timelines typically run several months, depending on the court’s schedule and whether the District Attorney files an objection. You won’t need to appear in court yourself in most cases. We keep you informed at every stage.
When Expungement Isn’t Enough: Related Post-Conviction Relief
Expungement under Penal Code section 1203.4 is the right tool for many situations, but it doesn’t cover every scenario. Understanding what else is available helps you pursue the most effective relief for your record.
- Arrest record sealing: If you were arrested but not convicted, a separate statutory process may allow that arrest to be sealed from public view
- Penal Code section 17(b) reduction: A wobbler felony can be reclassified as a misdemeanor, making the record less damaging and potentially opening the path to expungement
- Certificate of rehabilitation: Available to individuals who served state prison time and don’t qualify for standard expungement; it demonstrates rehabilitation to courts and professional licensing boards
- Early termination of probation: A distinct petition pursued when a client hasn’t yet completed the full probation term but has otherwise complied with all conditions
We review your full record at the outset and identify which combination of post-conviction relief options fits your situation.
Start with a Free Consultation
If you’re a Sacramento County resident wondering whether your record qualifies for expungement, the first step is a conversation. We’ll review your record, explain which relief options apply, and give you a realistic picture of the process and timeline. There’s no cost to that initial review, and virtual consultations are available for clients who can’t come in person.
Mathew Martinez’s 13 years as a prosecutor in this system aren’t just a credential. They’re a practical advantage on every petition we file, because we know how the other side thinks before we walk into the courtroom.
Call (916) 318-5142 or contact Law Office of Mathew Martinez today to schedule your free consultation with a Sacramento expungement lawyer who has argued from both sides of the table.-
Matthew is a great lawyer who understands his client's needs. Took me on when everyone was trying to bring me down. Did not give embellished ideas. Was straight, honest and concise. You can not go wrong Matthew. Thank you sir if I could give you a hundred stars I would.David M.
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Azul A.
I highly recommend attorney Mathew Martinez. He did everything he could to successfully represent me in court, and consequently, I was able to walk charge free due to Mr. Martinez's persistence. He is incredibly professional and dedicated, and as such, I highly recommend attorney Mathew Martinez.
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“I myself have worked in legal services for over a decade with my own profession licenses and I rarely if ever come across an individual with his level of caring, attention to detail, and expertise.”Jeffrey H.
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“His experience as a DA puts him ahead of all others. He is a good honest attorney that can be trusted.”Dawn S.
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I would recommend Matt to anyone without hesitation. He went above and beyond to help me in a time of need, ease my nerves about the process and work professionally.Timothy M.
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“I wish there was option to give Mathew more than five stars because he truly deserves it.”Lala G.
