Expunging a Criminal Record in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated August 19, 2026
California does not physically erase a criminal record. Its main relief is a dismissal under Penal Code 1203.4, which sets aside the conviction and re-enters it as dismissed after you successfully complete probation, or under Penal Code 1203.4a if there was no probation. Arrests that did not lead to a conviction can be sealed under Penal Code 851.87 and 851.91. Since July 1, 2023, Penal Code 1203.425 (AB 1076 and SB 731) provides automatic conviction relief for many misdemeanors and felonies without a petition, though serious or violent felonies and offenses requiring sex-offender registration are excluded. Petitions are filed in the Superior Court of conviction using forms CR-180 and CR-181, and the California Department of Justice updates the state repository.
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What record-clearing relief does California offer, and what is it called?
California's main relief is a dismissal under Penal Code 1203.4, commonly called an expungement. It is not a physical erasure: the court sets aside the conviction and the case is re-entered as dismissed. Penal Code 1203.4a covers cases with no probation, and Penal Code 851.87 and 851.91 seal arrests without a conviction.
What is eligible for expungement in California, and what is the waiting period?
Most misdemeanors and many felonies qualify for a Penal Code 1203.4 dismissal once you successfully complete probation and are not currently charged, on probation, or serving a sentence for another offense. There is no fixed year count; the trigger is completing probation. Excluded are serious or violent felonies and offenses requiring sex-offender registration under Penal Code 290.
Can you expunge or seal a felony conviction in California?
Sometimes. Many felonies can be dismissed under Penal Code 1203.4 after you complete probation, and some wobbler felonies can first be reduced to a misdemeanor under Penal Code 17(b). Serious or violent felonies, felonies punishable only by state prison, and offenses requiring Penal Code 290 sex-offender registration cannot be dismissed this way in California.
Does California have automatic clean slate sealing of criminal records?
Yes. Under Penal Code 1203.425 (AB 1076 and SB 731), effective July 1, 2023, the California Department of Justice reviews records monthly and grants automatic conviction relief for many eligible misdemeanors and felonies without any petition. Serious or violent felonies, sex-offender registration offenses, and people under active supervision are excluded from automatic relief.
After a California expungement, can you deny the conviction on a job application?
On most private job applications you may generally answer that you were not convicted once a Penal Code 1203.4 dismissal is granted, and California law limits questions about dismissed convictions. But the relief does not apply for public office, professional licensing, contracting with the state lottery, or firearm rights, and law enforcement, courts, and immigration can still see the record.
California's Penal Code 1203.4 Dismissal, Arrest Sealing, and Automatic Clean-Slate Relief
California's central record-clearing tool is a dismissal under Penal Code 1203.4, often called an expungement, but it is not a physical erasure: after you successfully complete probation the court withdraws the plea or verdict, dismisses the case, and re-enters it in the record as dismissed, which relieves you of many penalties and disabilities of the conviction. Penal Code 1203.4a offers the same relief for misdemeanor and infraction cases with no probation, and wobbler felonies can first be reduced to misdemeanors under Penal Code 17(b). Arrests that never led to a conviction can be sealed under Penal Code 851.87 and 851.91. Excluded from Penal Code 1203.4 relief are serious or violent felonies, certain vehicle-code offenses, and offenses requiring sex-offender registration under Penal Code 290. Since July 1, 2023, Penal Code 1203.425, enacted through AB 1076 and expanded by SB 731, directs the California Department of Justice to review the statewide criminal justice databases every month and grant automatic conviction relief to eligible misdemeanors and many felonies without a petition, so long as the person is not required to register as a sex offender and is not under active supervision. Petitions that are not automatic are filed in the Superior Court of the county of conviction using Judicial Council forms CR-180 and CR-181, and the California Department of Justice maintains and updates the state criminal history repository. A dismissal still leaves the record visible to law enforcement, the courts, licensing boards, and immigration authorities, and it does not restore firearm rights.
Relevant Laws
Dismissal After Probation (Penal Code 1203.4 and 1203.4a)
Penal Code 1203.4 lets a person who successfully completed probation withdraw the plea or set aside the verdict and have the case dismissed, which is California's main expungement. Penal Code 1203.4a provides the same relief for misdemeanor and infraction cases that had no probation.
Automatic Clean-Slate Relief (Penal Code 1203.425, AB 1076 and SB 731)
Since July 1, 2023, Penal Code 1203.425 directs the California Department of Justice to review the statewide criminal justice databases monthly and grant automatic conviction relief for eligible misdemeanors and many felonies without a petition. Sex-offender registration offenses and people under active supervision are excluded.
Sealing an Arrest Without Conviction (Penal Code 851.87 and 851.91)
Penal Code 851.91 allows a person arrested but not convicted to petition to seal the arrest record as a matter of right or in the interest of justice, and Penal Code 851.87 addresses sealing after successful completion of certain diversion programs. Automatic arrest relief runs through Penal Code 851.93.
No General Federal Expungement of State Records
There is no general federal statute to expunge a California state conviction; record clearing is a matter of California law through the Superior Court and the California Department of Justice. The California Attorney General's office explains automatic relief under Penal Code sections 851.93 and 1203.425.
Regional Variances
California Record-Clearing Eligibility Table
Relief type and name
The main relief is a dismissal under Penal Code 1203.4 (commonly called expungement), or Penal Code 1203.4a when there was no probation. It sets aside the conviction and re-enters the case as dismissed; it is not a physical erasure. Wobbler felonies can first be reduced under Penal Code 17(b).
Eligible offenses
Most misdemeanors and many felonies qualify for a Penal Code 1203.4 dismissal, including many probationary DUI cases under Vehicle Code 23152. Arrests that did not lead to a conviction can be sealed under Penal Code 851.91 and 851.87. Automatic relief under Penal Code 1203.425 covers many eligible misdemeanors and felonies.
Timing by offense class
There is no fixed year count under Penal Code 1203.4. The trigger is successfully completing probation and not being currently charged with, on probation for, or serving a sentence for another offense. Automatic relief under Penal Code 1203.425 is granted through the California DOJ's monthly review, effective July 1, 2023.
Excluded offenses
Serious or violent felonies, felonies punishable only by state prison, certain vehicle-code offenses, and offenses requiring sex-offender registration under Penal Code 290 cannot be cleared through a Penal Code 1203.4 dismissal. People under active local, state, or federal supervision and sex-offender registrants are excluded from automatic relief.
Clean-slate status
California has automatic clean-slate relief. Penal Code 1203.425 (AB 1076, expanded by SB 731) directs the California Department of Justice to review records monthly and grant automatic conviction relief for many eligible misdemeanors and felonies since July 1, 2023, without a petition. The relief marks the record, but does not physically erase it.
Suggested Compliance Checklist
Confirm California eligibility and completed probation
Before you prepare any petition days after startingVerify that your offense qualifies for a Penal Code 1203.4 or 1203.4a dismissal and that you have successfully completed probation and are not currently charged with, on probation for, or serving a sentence for another offense. Rule out excluded categories such as serious or violent felonies and Penal Code 290 sex-offender registration offenses.
Check for automatic relief and obtain your California RAP sheet
Before filing days after startingRequest your state summary criminal history from the California Department of Justice and confirm whether automatic conviction relief under Penal Code 1203.425 has already been granted. This tells you the exact case numbers and code sections and prevents filing a Superior Court petition you may not need.
Prepare the California dismissal petition forms
When eligibility is confirmed days after startingComplete Judicial Council form CR-180, Petition for Dismissal, and form CR-181, Order for Dismissal, listing each case number and code section exactly as they appear on your record. For an arrest without a conviction, prepare the sealing petition under Penal Code 851.91 or 851.87 instead.
File in the Superior Court of conviction and address the fee
On your filing date days after startingFile the CR-180 petition in the Superior Court of the California county of conviction. Counties may charge a filing fee for felony petitions; if you cannot afford it, request a fee waiver on form FW-001. Serve the prosecuting attorney and attend any hearing the court sets.
Confirm the record update with the California DOJ
After the order is signed days after startingKeep certified copies of the signed CR-181 order and verify that the California Department of Justice has updated the state repository to show the conviction as dismissed. Remember the record is not erased and remains visible to law enforcement, courts, licensing boards, and immigration. An attorney can help with contested or complex cases.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm California eligibility and completed probation | Verify that your offense qualifies for a Penal Code 1203.4 or 1203.4a dismissal and that you have successfully completed probation and are not currently charged with, on probation for, or serving a sentence for another offense. Rule out excluded categories such as serious or violent felonies and Penal Code 290 sex-offender registration offenses. | - | Before you prepare any petition |
| Check for automatic relief and obtain your California RAP sheet | Request your state summary criminal history from the California Department of Justice and confirm whether automatic conviction relief under Penal Code 1203.425 has already been granted. This tells you the exact case numbers and code sections and prevents filing a Superior Court petition you may not need. | - | Before filing |
| Prepare the California dismissal petition forms | Complete Judicial Council form CR-180, Petition for Dismissal, and form CR-181, Order for Dismissal, listing each case number and code section exactly as they appear on your record. For an arrest without a conviction, prepare the sealing petition under Penal Code 851.91 or 851.87 instead. | - | When eligibility is confirmed |
| File in the Superior Court of conviction and address the fee | File the CR-180 petition in the Superior Court of the California county of conviction. Counties may charge a filing fee for felony petitions; if you cannot afford it, request a fee waiver on form FW-001. Serve the prosecuting attorney and attend any hearing the court sets. | - | On your filing date |
| Confirm the record update with the California DOJ | Keep certified copies of the signed CR-181 order and verify that the California Department of Justice has updated the state repository to show the conviction as dismissed. Remember the record is not erased and remains visible to law enforcement, courts, licensing boards, and immigration. An attorney can help with contested or complex cases. | - | After the order is signed |
Frequently Asked Questions
It varies by county and offense. California Superior Courts may charge a filing fee for a felony Penal Code 1203.4 petition, while many charge little or nothing for a misdemeanor dismissal. If you cannot afford the fee, you can request a fee waiver on form FW-001. Automatic relief under Penal Code 1203.425 costs nothing because no petition is filed.
Timing depends on the county and the court's calendar. Many California Penal Code 1203.4 petitions are resolved within a few weeks to a few months from filing, faster if the court decides on the papers and slower if it sets a hearing. Serving the District Attorney and any objection can extend the timeline. Automatic Penal Code 1203.425 relief happens through monthly DOJ review.
Yes. A Penal Code 1203.4 dismissal is not a full erasure. Law enforcement, the courts, and the California Department of Justice still see the conviction, now marked dismissed. State licensing boards and applications for public office or contracting with the state lottery may require you to disclose it, and immigration authorities can still consider it.
No. A Penal Code 1203.4 dismissal in California does not restore firearm rights. If the underlying conviction triggered a firearm prohibition, that prohibition continues after the dismissal. Restoring gun rights generally requires separate relief, such as reducing an eligible wobbler felony to a misdemeanor under Penal Code 17(b) or a pardon, and outcomes depend on state and federal law.
Often yes. A misdemeanor DUI under Vehicle Code 23152 can generally be dismissed under Penal Code 1203.4 after you successfully complete probation, though the DUI still counts as a prior for sentencing and DMV purposes if you are arrested again. Felony DUI eligibility is narrower. Certain other vehicle-code offenses are excluded from dismissal, so confirm your specific code section.
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