California Expungements – How to Clear Criminal Records

An expungement under California Penal Code § 1203.4 PC allows you to withdraw a plea of guilty or no contest and get your criminal case dismissed. A type of post-conviction relief, expungement releases you from most – but not all – “penalties and disabilities” of misdemeanor or felony convictions.¹

Expungement offers you a “fresh start” from an otherwise criminal past. This process is often critical for securing or maintaining employment and professional licenses.

Here are five key things to know:

1. You may be eligible for expungement under 1203.4 PC if you 1) completed probation and 2) did not do time in state prison (or would not have done time in state prison had your case occurred after “Realignment” under Proposition 47).
2. You are not eligible for expungement if you have an open criminal case or if your conviction was for a serious felony, violent felony, or sex offender crime.
3. With the passage of SB 731 and AB 1076, record sealing is an automatic process in many cases. This “automatic relief” dispenses with the need for a formal expungement and even applies to certain cases where you may have done time in state prison.
4. Expunged records do not have to be disclosed to an employer even after they make a conditional offer of employment.²
5. If you cannot expunge your record, you may be able to get relief through a certificate of rehabilitation, governor’s pardon, or sentence commutation.³

In this article our California criminal defense lawyers discuss the following expungement topics:

• 1.  Eligibility
• 2. How do I expunge my case?
• 3. Pros & Cons
• 4. Timing
• 5. Expungement vs. Sealing/Destroying Records
• 6. Frequently Asked Questions
• Additional Resources

1. Eligibility

In general, California Penal Code 1203.4 PC permits misdemeanor expungement and felony expungement if you:

1. successfully completed your misdemeanor probation or felony probation and
2. are not currently charged with, on probation for, or serving a sentence for a crime.⁴

There are certain felony offenses that can never be expunged. These include violent or serious felonies as well as crimes that require you to register as a sex offender.⁶

If you did time in California State Prison — either at the time of judgment or because of a probation violation — you do not generally qualify for an expungement. Though as discussed later in this section, there is an exception if you would have served your sentence in county jail had you committed the crime after “realignment.”⁵

Note that prisoners who worked as firefighters through a prison fire camp often can get an expungement (as well as a parole waiver). Learn more about this exception in California Assembly Bill 2147 (2020).

Can I get an expungement if I violated or did not finish probation?

You generally must have completed all conditions of probation to be granted an expungement in California. Though if you commit a probation violation, the court has wide discretion as to whether to grant you an expungement anyway.

At your court hearing on this matter, some of the factors that the judge may consider include:

• your overall performance while on probation,
• the seriousness of the underlying conviction,
• your criminal history, and
• any additional evidence that shows why you are deserving of this relief, such as
  • opportunity to obtain a good job,
  • support of the applicant’s family, and/or
  • strong community ties, etc.⁷

What if I could have been sentenced to county jail under Prop 47 realignment?

If you were sentenced to California State Prison, you may still be able to expunge a conviction if you would have been sentenced to county jail had the crime occurred after 2011’s Proposition 47 Realignment legislation.

Under this exception – found in California Penal Code 1203.42 PC – judges have the discretion to grant you an expungement if:

1. the judge believes it would be in the interests of justice; and
2. your crime is currently punishable by county jail; and
3. at least 2 years have passed since you completed your sentence; and
4. you are not:
   • under supervised release for a crime,
   • serving a sentence for any offense,
   • on probation for any offense, or
   • charged with the commission of any crime.

To seek an expungement under 1203.42 PC, you would file a petition with the court in person, through an attorney, or by a probation officer authorized in writing. The court may then either:

1. permit you to withdraw your guilty or no contest plea and then enter a not guilty plea, or
2. if you have been convicted after a plea of not guilty, set aside the verdict of guilty.

In either case, the court will then dismiss the accusations against you. It is as if you got a regular expungement under 1203.4 PC.⁸

2. How do I expunge my case?

As of July 2024, many California cases can get automatically sealed once your case is dismissed or you finish probation, dispensing with the need of a formal expungement process. Consult with your attorney about whether you need to file for expungement formally, which otherwise requires the following five steps:

3. Pros & Cons

There are many benefits to obtaining a California expungement. Some include:

• an employer may not discriminate against your job application based on expunged convictions;
• it is easier to obtain a state professional license;
• expunged convictions cannot be used to impeach your credibility as a witness in court (unless you are the defendant being prosecuted in the subsequent case);⁹
• in some cases, it can help you avoid certain immigration consequences such as deportation; and
• barriers should be removed from traveling to Canada.¹⁰

Unfortunately, there are several limitations on what an expungement can do in California. For example, an expungement will not:

• overturn a driver’s license suspension or revocation,¹¹
• restore gun rights under Penal Code 29800 PC,¹²
• end the duty to register as a sex offender under Penal Code 290 PC,¹³ or
• keep the expunged conviction from counting as a “strike” on your record for purposes of California’s three-strikes law.¹⁴

Furthermore, expunged convictions may also still be used as prior convictions to enhance sentencing. For instance, an expunged DUI conviction still counts as a prior if you are later arrested for another DUI.

Note that additional rights can often be restored through:

• A certificate of rehabilitation and/or
• A governor’s pardon.¹⁵

4. Timing

If you are eligible for an expungement in California under 1203.4 PC, you may petition the court after the earlier of:

• completion of probation or
• early termination of probation (which must be granted by a court).

Note that if you qualify for expungement due to realignment under 1203.42 PC, you may petition the court once two years have passed since the completion of your sentence.

Many times, we can expedite the expungement process by “packaging” a number of motions into one. The most common example includes asking the court in a single proceeding to:

• grant you an early termination of probation; and
• reduce your felony to a misdemeanor; and
• expunge your conviction.

5. Expungement vs. Sealing/Destroying Records

In California, expungement is the process of having your case dismissed after the judge sets aside your conviction. Sealing is the process of your case being cleared from your criminal record so it no longer appears on background checks (with some exceptions.)¹⁶

With the passage of Senate Bill 731 & Assembly Bill 1076 (the Clean Slate Act), most people’s arrest records and conviction records get automatically sealed one they are eligible for sealing (such as by being dismissed or if you finish probation). This process – called “automatic relief” – dispenses with the need for expungement.

The following chart shows the record seal waiting time for eligible cases:

Your California Criminal Record	When Your Record Gets Sealed through Automatic Relief
Misdemeanor arrest with no charges brought	1 year after the arrest
Misdemeanor charge which gets dismissed	Right after the dismissal
Misdemeanor conviction where you are granted probation or completed other specified criteria	Right after probation/criteria is done
Misdemeanor conviction where you are not granted probation	1 year after case ends
Felony arrest with no charges brought	3 years after the arrest
Felony charge which gets dismissed	Right after the dismissal
Felony conviction where you are granted probation (not including serious, violent, or sex offender crimes)	Right after probation is done
Felony conviction where you are not granted probation (not including serious, violent, or sex offender crimes)	4 years after case ends

Note that automatic relief does not restore your firearm rights.

Sealing a Juvenile Arrest Record

Sealing a California juvenile court record provides you with the same benefits as sealing an adult record. You may seal a juvenile arrest record if:

1. you are currently an adult, or the jurisdiction of the juvenile court terminated at least five years ago; and
2. as an adult, you have not been convicted of any crimes of moral turpitude (that is, a crime involving dishonesty or immoral behavior); and
3. there is no pending civil litigation based on the juvenile incident.

Once the judge grants the motion to seal and destroy a juvenile arrest record it is sealed for three years and destroyed thereafter.¹⁷

6. Frequently Asked Questions

Who can see expunged records?

For most day-to-day interactions (like applying for many jobs or housing), an expunged record effectively means the California conviction is hidden. However, for certain sensitive positions, government roles, professional licenses, immigration, and law enforcement purposes, the record of the conviction and its subsequent dismissal remains accessible.

What happens when I expunge my record?

When a record is expunged in California, a plea of guilty or no contest (or a conviction after trial) gets set aside by a judge. You then enter a new plea of “not guilty,” and the judge dismisses the case.¹⁸

We provide you with a signed order by a California Superior Court judge setting aside the conviction and dismissing the case.

How long does expungement take?

As of July 2024, many expungements occur automatically once you are eligible. Otherwise, we can have a 1203.4 PC petition filed and heard within one to two months. Though this can vary depending on the California county in which you reside.

In cases where you are actively seeking employment, we can seek to expedite the process.

Who is eligible for expungements?

Generally, you qualify for an expungement under Penal Code 1203.4 PC if you:

1. committed a felony or misdemeanor and were not incarcerated in the California state prison,
2. fulfilled the terms of your probation, and
3. were not convicted of one of the specific crimes that make you ineligible to receive a California expungement.¹⁹

Though, to make sure, contact a California criminal defense attorney.

What is “felony reduction”?

If you were convicted of a “wobbler,” you can generally petition to reduce the felony conviction to a misdemeanor.²⁰ (A “wobber” is a crime that can be charged as either a felony or misdemeanor in California.)

After it is reduced, we would then apply for an expungement. We will also ask for an early termination of probation where appropriate.

Do I have to appear in court?

Generally not.  The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.²¹

What is the filing fee for a California expungement?

It varies, depending on:

1. the California county in which you reside and
2. whether you were convicted of a misdemeanor or a felony.

All counties have some type of financial assistance available if you are unable to pay.

What if an employer asks about my criminal history?

Once a California court grants an expungement, you can lawfully answer “no” if asked about a criminal record unless you are applying:

1. to become a peace officer or run for public office,
2. to work for the California Lottery Commission, or
3. for a state license.²²

Note that as of July 2024, dismissed charges typically get sealed automatically. Therefore your expunged records should no longer appear on your background checks.

Will expunging help me obtain a state license?

Oftentimes, yes. Many California state licensing authorities require expungement of a conviction under Penal Code 1203.4 PC before they will issue a license.

Though even when an expungement is not enough, we may be able to help you obtain a “certificate of rehabilitation,” which offers even more benefits.²³

What is a “Certificate of Rehabilitation”?

A certificate of rehabilitation (“COR”) is a California court order stating you have been rehabilitated from your criminal past.²⁴

You must wait between seven and ten years after being released from custody, depending on the specific offense for which you were convicted.²⁵

There are many benefits to a certificate of rehabilitation, including:

1. a certificate of rehabilitation becomes an automatic application for a governor’s pardon;
2. you cannot be denied a state license without other cause; and
3. a COR sends a message to prospective employers that you have overcome your criminal history and are prepared to make a fresh start.

Note that an expungement or COR is not necessary for an arrest that did not result in a conviction. Employers (and prospective employers) may not discriminate against you based simply on arrests. In fact, they are not even lawfully allowed to inquire about them.²⁶

What is a Governor’s Pardon?

A California governor’s pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction.²⁷

You must usually wait at least ten years after being discharged from probation or parole in order to apply to the governor for a pardon. Alternatively, you must obtain a finding of factual innocence.²⁸

If you receive a certificate of rehabilitation, you may apply for a pardon in as little as seven years after release from custody. This is because a COR acts as an automatic application for a pardon.

How do I seal my arrest records?

If your California case gets expunged, your case (including the arrest records) should be automatically sealed. If no charges were filed, the arrest records should get automatically sealed after one year in misdemeanor cases and three years in felony cases.²⁹

How do I seal my juvenile records?

In order to be eligible for sealing a juvenile record in California, two criteria must be met:

1. the juvenile court jurisdiction must have terminated at least five years ago; and
2. you must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult.³⁰

Though even if these two criteria have been met, certain serious crimes such as murder, robbery, and child molestation cannot be sealed from juvenile records.³¹

Can expungement help immigrants?

Many times, yes. We are often able to get a non-U.S. citizen’s wobbler felony reduced to a misdemeanor. This makes you eligible for permanent residency and ultimately U.S. citizenship. Alternatively, we may be able to get a conviction set aside completely.

Once we review the facts and circumstances of your case, we research the most promising options to help avoid immigration issues such as deportation or removal.

Do I still have to register as a sex offender after an expungement?

Yes. However, it may be possible to get off the registry in California if you are granted a certificate of rehabilitation and governor’s pardon as long as the conviction was not for a sex crime against a child.³²

What about my past marijuana convictions?

The California Department of Justice reviewed and sealed all past marijuana convictions that are no longer considered crimes now that recreational marijuana is lawful. This process should have been done by July 1, 2020. See California Assembly Bill 1793 (2018).

Additional Resources

For more information, refer to the following:

• Clean Your Record – Step-by-step guide provided by the California Courts Self-Help Guide.
• Expungements – Instructional materials and templates provided by the California Judicial Branch.
• Petition and Order for Expungement – Template provided by the California Judicial Branch.
• California is clearing criminal records — including violent crimes — to offer second chances – article by CalMatters.
• California Residents Can Self-Expunge Criminal Records with New Form – article by L.A. Focus.

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