California Expungement and Criminal Record Clearing

Clear Your Record and Move Forward

A criminal conviction can affect employment, professional licensing, housing, education, and other opportunities long after a sentence has been completed. California law provides several ways that eligible individuals may be able to clean their criminal records, including dismissal of convictions, commonly called expungement, automatic record relief, reduction of certain offenses, and sealing of qualifying arrest records.

California does not technically provide “true expungement” in the sense of completely erasing every record of a conviction. Instead, California law allows many eligible convictions to be dismissed or granted other forms of record relief.

Quick Answer: In California, what is commonly called an expungement generally allows an eligible person to have a conviction dismissed after completing the required sentence or probation. The conviction is not physically erased from every government record, but dismissal can significantly reduce its impact in many situations.

What Is an Expungement in California?

In California, an “expungement” usually refers to a court-ordered dismissal of a criminal conviction under laws such as California Penal Code § 1203.4, § 1203.4a, or § 1203.41.

For a qualifying conviction under Penal Code § 1203.4, the court generally permits the defendant to withdraw a guilty or no-contest plea and enter a plea of not guilty, or sets aside a guilty verdict. The court then dismisses the accusation or information.

This can provide meaningful relief, but it is important to understand that an expungement does not necessarily erase every record showing that the case occurred.

Who Qualifies for Expungement in California?

Eligibility depends on the conviction, sentence, probation history, current criminal status, and the particular California law that applies.

Convictions Involving Probation

Under California Penal Code § 1203.4, a person may qualify for dismissal after completing probation or receiving an early termination of probation.

Generally, the person cannot currently be:

• Serving a sentence for another criminal offense;
• On probation for another offense; or
• Charged with committing another criminal offense.

When the conditions of probation have been successfully completed, California law provides significant rights to seek dismissal, although exceptions apply to certain offenses.

Misdemeanors Without Probation

A person convicted of a misdemeanor who did not receive probation may qualify for relief under California Penal Code § 1203.4a.

Generally, at least one year must have passed from the date judgment was entered, and the person must satisfy the applicable statutory requirements.

The California Courts also explain that people seeking dismissal of qualifying misdemeanor convictions generally must not have a new case pending and must not currently be on probation or parole.

Can a Felony Be Expunged in California?

Yes, some California felony convictions may qualify for dismissal.

Eligibility depends heavily on the sentence and the offense.

For example, California Penal Code § 1203.41 allows courts, in the interest of justice, to dismiss certain felony convictions after the required period has passed following completion of the sentence.

Depending on how the sentence was imposed, the waiting period may be one or two years after completion of the sentence. Certain convictions involving sex-offender registration requirements are excluded from this form of relief.

California law has therefore expanded record-cleaning opportunities beyond the traditional rule that primarily benefited people who received probation.

California Automatic Record Relief

Some Californians may qualify for automatic conviction relief without filing a traditional petition.

Under California Penal Code § 1203.425, the California Department of Justice reviews criminal-history records to identify qualifying convictions for automatic relief. The current statutory system became operative October 1, 2024.

Depending on the circumstances, automatic relief can apply to certain:

• Convictions where probation was successfully completed;
• Misdemeanor and infraction convictions after the applicable period;
• Felony convictions after completion of incarceration and supervision and the required waiting period.

For certain felony convictions, the statute requires a period of four years after completion of probation or supervision without a new felony conviction. Serious felonies, violent felonies, and felony offenses requiring sex-offender registration are among the convictions excluded from this portion of automatic relief.

Automatic relief does not mean every California conviction will automatically disappear. Eligibility depends on the offense and the individual's criminal history and supervision status.

What Does an Expungement Do in California?

A successful dismissal can reduce the impact of a criminal conviction and may provide important benefits when seeking employment or other opportunities.

For many people, dismissal changes the official disposition of the case and provides relief from a number of penalties and disabilities associated with the conviction.

California's Fair Chance Act also restricts how many employers may use criminal history. California Courts explains that covered employers generally cannot ask about criminal history before making a conditional job offer and cannot consider convictions that have been expunged, sealed, dismissed, or statutorily eradicated. Exceptions apply to certain employers and occupations.

What Does a California Expungement NOT Do?

An expungement or dismissal has limitations.

Depending on the applicable statute, dismissal generally does not:

Automatically restore firearm rights

A dismissal under Penal Code § 1203.4 does not itself restore the right to own or possess firearms if another law prohibits the person from possessing them.

Prevent the conviction from being used in a later criminal case

A dismissed conviction may still be pleaded and proved as a prior conviction in a subsequent criminal prosecution when legally permitted.

Eliminate every disclosure requirement

Certain applications may still require disclosure. Penal Code § 1203.4 specifically addresses disclosure involving matters such as public office and state or local licensing. Other record-relief statutes contain additional exceptions.

Automatically terminate protective orders

An unexpired criminal protective order generally remains effective despite dismissal of the underlying conviction.

Because the consequences can vary considerably depending on the conviction and the reason a person wants record relief, individual cases should be evaluated separately.

Expungement vs. Record Sealing in California

Expungement and record sealing are not the same thing.

Expungement generally refers to obtaining a dismissal or other relief from a conviction.

Record sealing generally restricts access to qualifying criminal records.

For example, someone who was arrested but never convicted may qualify to have the arrest record sealed under California Penal Code § 851.91.

This can include situations where:

• Someone was arrested, but charges were never filed;
• Charges were filed and later dismissed;
• Diversion was successfully completed, and the charges were dismissed; or
• The person went to trial and was found not guilty.

California also provides automatic sealing of certain arrest records under Penal Code § 851.93.

How Do I Expunge My Record in California?

The exact procedure depends on the conviction and the type of relief requested.

A typical record-cleaning process may include:

1. Obtain information about your criminal case

Identify the court, case number, offense, conviction date, sentence, probation status, and final disposition.

A person may also obtain their California criminal-history record, commonly called a RAP sheet, when necessary to determine what appears on their record.

2. Determine which California record-clearing law applies

Depending on the circumstances, relief may be available under Penal Code §§ 1203.4, 1203.4a, 1203.41, 1203.425, 851.91, 851.93, or another statute.

3. Determine whether relief has already been granted automatically

Some eligible convictions may already have received automatic relief through the California Department of Justice.

California Courts notes that a person may request a RAP sheet from the Department of Justice to determine whether automatic relief has already been applied.

4. File the appropriate petition when necessary

For many dismissal requests, California provides Form CR-180, Petition for Dismissal.

The court may use Form CR-181, Order for Dismissal, to approve or deny the request.

Different forms and procedures may apply to record sealing, resentencing, immigration-related post-conviction relief, and other types of record cleaning.

5. Wait for the court's decision

Depending on the case and county, the prosecutor may receive notice, and the court may determine whether a hearing or additional information is necessary.

What If I Am Still on Probation?

Someone who is still on probation may need to seek early termination of probation under California Penal Code § 1203.3 before obtaining a dismissal under Penal Code § 1203.4.

California Courts notes that there is no single statewide form for requesting early termination of probation.

Whether early termination is granted depends on the circumstances of the individual case.

Can an Expunged Conviction Show Up on a Background Check?

A California dismissal provides substantial record-cleaning protection, but it should not be described as completely destroying every historical government record of the case.

California law restricts disclosure of convictions that have received qualifying relief in many circumstances, while criminal-justice agencies and certain other authorized entities may retain access.

Private background-check databases may also require updating after court records change.

For this reason, people should distinguish between:

Dismissal of a conviction

Sealing of a record

Automatic record relief

and

Destruction of a record

These remedies have different legal effects.

Does Expungement Help With Employment?

It can.

California's Fair Chance Act provides significant protections for job applicants with criminal histories.

For most covered California employers, criminal history generally cannot be requested before a conditional offer of employment. California Courts further explains that covered employers cannot consider convictions that have been expunged, sealed, dismissed, or statutorily eradicated.

However, exceptions apply, including certain positions in which criminal-history checks or restrictions are required by law.

Frequently Asked Questions About California Expungements

Does California have expungement?

California uses the word “expungement” informally, but the California Courts explains that true expungement does not technically exist in California. What is commonly called expungement usually involves obtaining dismissal of an eligible conviction or another form of record relief.

Is expungement the same as sealing a record?

No. Expungement generally involves dismissal of a conviction, while sealing restricts access to qualifying records. An arrest that did not result in a conviction, for example, may qualify for sealing under Penal Code § 851.91.

Can a misdemeanor be expunged in California?

Many misdemeanor convictions can qualify for dismissal. Eligibility depends on factors such as probation, completion of the sentence, pending criminal cases, and the particular offense.

Can a felony be expunged in California?

Some felony convictions can qualify for dismissal. Penal Code § 1203.41 provides relief for certain felony convictions, including some cases involving incarceration, when statutory requirements are met.

Can a felony that resulted in state prison be expunged?

Some can. California law now permits dismissal of certain felony convictions that resulted in state-prison sentences after the applicable waiting period. Eligibility depends on the offense and other statutory requirements. Felonies requiring sex-offender registration are excluded from this particular relief.

Can my record be cleared automatically?

Possibly. California Penal Code § 1203.425 provides automatic relief for certain qualifying convictions. However, not every conviction qualifies.

Does expungement restore gun rights?

Not automatically. Dismissal under Penal Code § 1203.4 does not independently restore firearm rights that are prohibited by other laws.

Do I have to disclose an expunged conviction?

It depends on the situation. California law provides protections following dismissal, but certain applications—including some involving public office, licensing, law enforcement, or other specially regulated positions—may still require disclosure.

What forms are used for California expungement?

For many dismissal requests, California uses Form CR-180, Petition for Dismissal, and Form CR-181, Order for Dismissal. Other forms may apply depending on the type of record relief requested.

Can an arrest be sealed if I was never convicted?

Yes, many arrests that did not result in conviction may qualify for sealing under California Penal Code § 851.91. Some arrest records may also receive automatic relief under § 851.93.

Find Out Which California Record-Clearing Option Applies to You

California now offers several different paths for cleaning a criminal record. The right option may depend on whether the case involved a misdemeanor or felony, probation, jail or prison, an arrest without conviction, automatic relief, or another form of post-conviction relief.

R Fenn Law can help you understand which record-clearing options may apply to your situation.

Call us at 661-488-7864 or fill out our contact form to request a free 30 minute telephone consultation about your case.

Legal Disclaimer

The information provided on this page is for general educational and informational purposes only and is not intended as legal advice. Criminal laws and potential penalties depend on the facts of each case and may change over time. Viewing this website or contacting the firm does not, by itself, create an attorney-client relationship. Consult a qualified attorney regarding your individual circumstances.