California (CA) — Expungement & Record Clearing
Yes, you can clear your criminal record in California through dismissal under Penal Code 1203.4. If you completed probation for a misdemeanor or non-serious felony, you can petition immediately. Filing costs $60–$120 (fee waivers available) and takes 1–5 months. Since July 2024, many records are sealed automatically under AB 1076/SB 731 — no petition needed. Serious felonies, violent crimes, and sex offenses are not eligible. Expungement protects you from employer discrimination but does not restore gun rights or remove three-strikes status. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
Last updated:
Overview
California does not have true "expungement" — instead, convictions can be dismissed under Penal Code 1203.4, which withdraws the guilty plea and dismisses the case. As of July 2024, many records are also sealed automatically under AB 1076 and SB 731.
Official term: Dismissal (PC 1203.4) — While commonly called "expungement," California technically uses dismissal and sealing — the record is not destroyed.
Who qualifies
- ✓Completed misdemeanor or felony probation successfully
- ✓Not currently charged with, on probation for, or serving a sentence for any crime
- ✓Wobbler felonies (can be reduced to misdemeanor first under PC 17(b)(3))
- ✓Served time in county jail (not state prison, with exceptions)
Who does not qualify
- ✗Serious felonies (PC 1192.7) — murder, robbery, rape, etc.
- ✗Violent felonies (PC 667.5)
- ✗Sex offenses requiring registration (PC 290)
- ✗Certain Vehicle Code violations
- ✗Currently on probation or parole
- ✗Served time in state prison (unless eligible under PC 1203.42 realignment)
Waiting Periods
| Completed probation (misdemeanor) | Immediately upon completion |
| Completed probation (felony) | Immediately upon completion |
| Conviction without probation | 1 year after conviction |
| State prison under PC 1203.42 (realignment) | 2 years after sentence completion |
Step-by-Step Process
Determine eligibility
Confirm you have completed probation (or can petition for early termination), have no pending charges, and your conviction is not excluded.
Obtain your court records
Get a copy of your criminal record and identify the case number(s) for each conviction you want to dismiss.
Complete court forms
Fill out the Petition for Dismissal. For felonies, first file a motion to reduce to misdemeanor under PC 17(b)(3). One form per conviction.
File with the court
File your petition at the court where your case was heard. Pay the filing fee (fee waiver available if you cannot afford it). Serve the prosecutor at least 15 days before the hearing.
Attend the hearing
A judge reviews your petition. In-person appearance is often not required — an attorney can appear on your behalf. The judge considers your rehabilitation, employment, and conduct since conviction.
Receive the court order
If granted, the court withdraws your guilty plea and dismisses the case. Your record is updated to show the dismissal. If denied, you can refile after 6 months.
Visual Guide
Automatic Record Sealing (AB 1076 / SB 731)
As of July 2024, AB 1076 and SB 731 provide automatic record sealing for many convictions without needing to file a petition.
| Scenario | Sealed When |
|---|---|
| Misdemeanor arrest, no charges filed | 1 year after arrest |
| Misdemeanor charges dismissed | Immediately upon dismissal |
| Misdemeanor conviction with probation | Upon probation completion |
| Misdemeanor conviction without probation | 1 year after case ends |
| Felony arrest, no charges filed | 3 years after arrest |
| Felony charges dismissed | Immediately upon dismissal |
| Non-serious/violent felony with probation | Upon probation completion |
| Non-serious/violent felony without probation | 4 years after case ends |
Costs
- Filing fee
- Varies by county (typically $60–$120)
- Fee waiver
- Available for those who cannot afford the fee
- Attorney (optional)
- $500–$1,500 typical range (optional but recommended)
Some legal aid organizations offer free assistance
Timeline
- With attorney
- 1–2 months
- Standard
- Up to 5 months
Varies significantly by county and case complexity
What expungement does
- ✓Employer cannot discriminate based on dismissed conviction
- ✓Easier to obtain state professional licenses
- ✓Dismissed conviction cannot be used to impeach your credibility as a witness
- ✓May help avoid immigration consequences (deportation)
- ✓Removes travel barriers to Canada
- ✓Can answer 'no' to criminal history questions (with exceptions)
What expungement does NOT do
- ✗Does NOT restore gun rights (PC 29800)
- ✗Does NOT end sex offender registration (PC 290)
- ✗Does NOT remove 'strike' under three-strikes law
- ✗Does NOT overturn driver's license suspension
- ✗Prior DUI convictions still count for sentencing enhancement
- ✗Must still disclose when applying for public office or state license
Other Relief Options in California
Certificate of Rehabilitation (COR)
Available 7–10 years after release. Becomes an automatic pardon application. Prevents state license denial.
Governor's Pardon
Typically requires 10 years after probation/parole discharge. The ultimate relief from conviction penalties.
Frequently Asked Questions
- How much does expungement cost in California?
- Filing fees vary by county, typically $60–$120. Fee waivers are available if you cannot afford it. If you hire an attorney, expect $500–$1,500. Some legal aid organizations offer free assistance.
- How long does expungement take in California?
- With an attorney, the process typically takes 1–2 months. Without one, courts usually respond within 5 months. Processing times vary by county.
- Can a felony be expunged in California?
- Yes, if it's not a serious or violent felony and you did not serve time in state prison. Wobbler felonies can first be reduced to misdemeanors under PC 17(b)(3), then dismissed under PC 1203.4.
- Does California have automatic expungement?
- Yes. As of July 2024, AB 1076 and SB 731 provide automatic record sealing for many convictions. Misdemeanor convictions are sealed upon probation completion; non-serious felonies are sealed 4 years after the case ends.
- Does expungement restore gun rights in California?
- No. Expungement under PC 1203.4 does not restore firearm rights under PC 29800. You would need a Governor's Pardon or a separate court order to restore gun rights.
- Can I get a job after expungement in California?
- Yes. After expungement, employers cannot discriminate against you based on the dismissed conviction. You can legally answer 'no' to criminal history questions on most job applications, with exceptions for public office and certain state licenses.
- What is the difference between expungement and sealing in California?
- California uses 'dismissal' (PC 1203.4) which withdraws your guilty plea and dismisses the case, and 'sealing' (AB 1076/SB 731) which hides the record from public view. Neither destroys the record — law enforcement can still access it.
Video Guides
Take Action — Direct Links
- Download Petition for Dismissal (Form CR-180)
Official California Judicial Council form to petition for dismissal of a conviction under Penal Code 1203.4.
- Request Your Own Criminal Record (CA DOJ)
Request a copy of your California criminal history from the Department of Justice for personal review ($25 processing fee).
- Find Free Legal Help to Clean Your Record
California Courts directory of legal aid organizations that provide free expungement assistance by county.
- California Courts Self-Help: Clean Your Record
Step-by-step self-help guide from the California court system covering eligibility, forms, and the dismissal process.
- Penal Code § 1203.4 — Full Statute Text
Official full text of California Penal Code Section 1203.4 (dismissal of conviction) on the California Legislative Information site.