Being convicted of a crime in California is one of the most stressful and life-changing experiences a person can face. But a conviction doesn’t always mean the end of your legal options—or your future. Understanding what happens after a criminal conviction can help you plan your next steps, protect your rights, and start rebuilding your life.
This article explains what happens after a conviction in California, including sentencing, probation, parole, appeals, and opportunities for record clearing or expungement.
Understanding a Criminal Conviction in California
A criminal conviction means a judge or jury has found you guilty of a criminal offense, or you entered a guilty or no contest plea. In California, there are three main levels of criminal convictions:
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Infractions: Minor violations like traffic tickets; no jail time.
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Misdemeanors: Less serious crimes such as petty theft or DUI; punishable by up to one year in county jail.
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Felonies: Serious crimes like robbery, assault with a deadly weapon, or drug trafficking; punishable by more than one year in jail or state prison.
Once a conviction occurs, the case moves into the post-conviction phase, starting with sentencing.
The Sentencing Process
After conviction, the court sets a sentencing hearing. In most cases, the judge reviews reports from probation officers, victim impact statements, and arguments from both sides before deciding your punishment.
Factors the Judge Considers:
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The seriousness of the offense
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Whether violence or weapons were involved
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The defendant’s criminal history
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The level of remorse or cooperation shown
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The impact on victims or the community
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Any mitigating circumstances (such as mental health or addiction)
Types of Sentences in California
Depending on the charges, sentencing may include:
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County jail or state prison
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Formal or informal probation
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Community service
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Court fines and restitution
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Counseling, education, or treatment programs
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Protective or restraining orders
Jail, Prison, and “Realignment” Sentencing
California’s sentencing laws changed significantly under Public Safety Realignment (AB 109). Many non-violent, non-serious felony convictions that once led to state prison time now result in county jail sentences instead.
This means that while felonies are still serious, not every felony leads to state prison. For some offenders, time in a local facility followed by community supervision is now the standard outcome.
Probation Instead of Jail
In many misdemeanor and lower-level felony cases, judges may grant probation instead of incarceration. Probation allows a person to remain in the community under supervision.
Two Main Types of Probation
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Summary (Informal) Probation – Common for misdemeanors. You report directly to the court and do not have a probation officer.
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Formal Probation – Usually for felonies. You must report regularly to a probation officer and follow strict conditions.
Common Probation Terms
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Obey all laws
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Report to your probation officer
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Complete counseling or treatment programs
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Avoid drugs, alcohol, or certain people
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Pay fines and restitution
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Perform community service
Violating probation can result in being arrested, losing probation privileges, and serving the suspended jail or prison sentence.
Fines, Fees, and Restitution
After a conviction, the court may impose financial penalties such as:
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Restitution to victims: Reimbursement for losses caused by the crime.
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Court fines: Monetary penalties based on the offense.
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Administrative fees: Fees for probation, booking, or supervision.
If you cannot afford to pay, your attorney can request a payment plan or a hearing to assess your ability to pay.
Post-Conviction Rights and Appeals
Even after a conviction, you still have important legal rights. You may be able to appeal, request a new trial, or seek post-conviction relief.
Appeals
You can appeal your conviction if you believe:
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The court made a legal or procedural error.
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Your constitutional rights were violated.
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The evidence was insufficient to support the verdict.
Appeals must be filed within:
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30 days of a misdemeanor judgment, or
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60 days of a felony judgment.
Motions and Habeas Corpus
You can also file:
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A motion for a new trial, if new evidence arises.
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A writ of habeas corpus, if your imprisonment is unlawful or your rights were violated.
Having an experienced appellate attorney is critical to review your case and preserve your rights.
Expungement and Record Clearing in California
A conviction doesn’t always have to stay on your record forever. California offers several post-conviction relief options:
Expungement (Penal Code §1203.4)
An expungement allows you to reopen your case, withdraw your plea, and have the case dismissed. It doesn’t erase the record entirely but updates it to show “case dismissed.”
You may qualify if:
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You completed probation successfully.
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You are not currently facing new charges.
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The offense was not a serious sex crime or one that required state prison.
Reducing a Felony to a Misdemeanor (PC §17(b))
If your conviction was a “wobbler”—a crime that could be charged as either a felony or misdemeanor—you may request to have it reduced.
Sealing Arrest Records
If you were arrested but never convicted, you can petition to seal your arrest record, which prevents it from showing up on most background checks.
Certificate of Rehabilitation and Governor’s Pardon
For more serious convictions, you may pursue a Certificate of Rehabilitation, which can lead to a Governor’s Pardon. These help restore rights such as voting, serving on a jury, or obtaining professional licenses.
Parole and Post-Release Supervision
For those sentenced to state prison, release often comes with parole or Post-Release Community Supervision (PRCS).
Parole
Supervised by the California Department of Corrections and Rehabilitation (CDCR), parole involves:
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Regular meetings with a parole officer
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Drug testing and home visits
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Travel restrictions
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Requirements to find work or attend programs
Violating parole conditions can result in a parole revocation hearing and possible return to custody.
Post-Release Community Supervision (PRCS)
For non-violent felons, county probation departments manage supervision under PRCS, offering local support and oversight instead of state parole.
Long-Term Consequences of a Conviction
Even after completing your sentence, a conviction can have lasting effects on your life.
Employment
California’s Ban the Box law restricts when employers can ask about criminal history, but background checks still matter for many jobs and licenses. Expungement can make a difference when applying for work.
Housing
Landlords may review criminal records when screening tenants. Some cities have local “fair chance” housing laws that protect applicants with past convictions.
Immigration
For non-U.S. citizens, even minor criminal convictions can lead to deportation, denial of entry, or loss of status. It’s vital to consult an attorney familiar with both criminal and immigration law.
Civil Rights
Felony convictions can limit:
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Gun ownership (often permanently restricted)
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Voting rights (restored after parole or supervision ends)
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Eligibility for professional licenses
Moving Forward After a Conviction
A conviction does not have to define your life forever. Many people rebuild their futures through education, rehabilitation, and legal relief options.
Consider the following steps:
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Complete probation or parole successfully.
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Apply for record-clearing relief when eligible.
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Participate in job training or reentry programs.
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Stay connected with legal professionals who can guide your progress.
With the right legal help, you can protect your rights and take meaningful steps toward a second chance.
Final Thoughts
The period after a criminal conviction in California can be confusing and overwhelming, but you do not have to face it alone. Understanding your rights, your sentencing options, and your opportunities for relief can make all the difference in your recovery and future success.
Call to Action
If you or someone you care about has been convicted of a crime in Southern California, don’t wait to get help. The criminal defense attorneys at Southwest Legal are experienced in record-clearing strategies. We fight to protect your future, reduce penalties, and guide you through every step of the California criminal justice process. Contact us today for a confidential consultation and let us help you take back control of your life.
