San Jose / Santa Clara County Expungement Attorneys

Reviewed: May 27, 2026

San Jose is the largest city in Northern California and the seat of Silicon Valley. Background check issues carry outsized weight here — tech companies, government contractors, and financial services employers are dominant employers, and many perform thorough criminal history screenings. Expungement petitions for Santa Clara County go to the Santa Clara Superior Court.

At a glance

✓ Court system: Santa Clara Superior Court — 191 N. First St, San Jose
✓ Tech jobs: Expunged conviction cannot be used by most private employers
✓ Timeline: 3–5 months uncontested
✓ Free help: Law Foundation of Silicon Valley, Bay Area Legal Aid

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Filing in Santa Clara Superior Court

PC 1203.4 expungement petitions for Santa Clara County cases are filed with the Santa Clara Superior Court (191 N. First Street, San Jose). The court has multiple branch locations, and the petition goes to the division that handled the original matter. The Santa Clara County DA's Office reviews each petition.

The Bay Area has high concentrations of tech companies that use third-party background-check vendors. A California PC 1203.4 dismissal updates the California DOJ records and must be reported to background-check companies — but the update timeline for individual vendors can lag 30 to 90 days after the court order.

AB 1076 and SB 731 automatic relief in Santa Clara County

Many Santa Clara County residents who completed probation before 2023 may have already had their records automatically dismissed under AB 1076 without needing to petition. Check your DOJ personal criminal-history record to confirm. If your record has not been automatically processed and you believe it should have been, a petition under PC 1203.4 achieves the same result.

Free help in the South Bay

Bay Area Legal Aid (BALA) provides civil legal services to low-income Bay Area residents and occasionally assists with criminal record matters. Law Foundation of Silicon Valley covers Santa Clara County and operates an intake line for income-qualifying residents. The Santa Clara County Public Defender's office has a post-conviction unit for former clients.

Statutes cited

California Penal Code § 1203.4 (Expungement after probation) — Cal. Pen. Code § 1203.4
California Penal Code § 1203.425 (AB 1076 automatic dismissal) — Cal. Pen. Code § 1203.425

Frequently asked questions

Does a California expungement help with tech company background checks?

Yes, for most private-sector tech jobs. California's FEHA and the expungement statute prohibit most private employers from using an expunged conviction against an applicant. The record appears as "dismissed" on California background check reports. Federal employers, DOD contractors with security clearances, and financial services roles (FINRA) have separate rules.

How long does expungement take in Santa Clara County?

Typically 3 to 5 months for an uncontested petition. The court calendar and DA review are the main factors.

Can an expungement help with a professional license in California?

It depends on the licensing board. California law requires most boards to consider rehabilitation in deciding whether a conviction bars licensure. An expungement strengthens a rehabilitation argument. Some boards (nursing, teaching, medical) can still consider an expunged conviction; others give it significant weight. An attorney can advise on your specific license type.

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