CALIFORNIA
How to Clear Your Criminal Record
in California
A free, plain English guide to expungement and record relief under California law — who qualifies, how to file, and what the Clean Slate Act means for you.
What You Need to Know First
California calls this process a dismissal — not expungement. When your case is dismissed under Penal Code § 1203.4, your guilty plea is withdrawn and the case is dismissed. Your record will show the case as dismissed rather than convicted.
Important: California's Clean Slate Act (AB 1076 and SB 731) now automatically clears many eligible records without you having to do anything. You may already qualify for automatic relief. Read the section below to find out.
California has two pathways to clear your record — automatic relief under the Clean Slate Act, and petition-based relief under Penal Code § 1203.4. Many people now qualify for automatic relief, which means the California Department of Justice reviews eligible records monthly and clears them without any action required from you.
The Clean Slate Act — Automatic Relief
Under AB 1076 and SB 731, California automatically clears many criminal records once the waiting period has passed and no new offenses have been committed. Here's what qualifies for automatic relief:
Misdemeanors — probation completed
Automatic
Misdemeanors — jail time served
1 year
Non-violent felonies — probation completed
Automatic
Felonies — prison time served
4 years
Arrests — no charges filed (misdemeanor)
1 year
Arrests — no charges filed (felony)
3 years
The California DOJ reviews eligible records monthly. If you qualify, your record is cleared automatically — no petition, no court appearance, no fee required. If automatic relief hasn't happened yet but you believe you qualify, you can still file a petition to request relief sooner.
What Can — and Can't — Be Dismissed
ELIGIBLE FOR DISMISSAL
- Most misdemeanors — after completing probation
- Non-violent felonies — after completing probation
- Felonies with prison time — after 4-year waiting period (SB 731)
- DUI — first offense may qualify after probation
- Wobbler felonies — may be reduced to misdemeanor first
- Arrests with no conviction
NOT ELIGIBLE FOR DISMISSAL
- Serious violent felonies (murder, rape, robbery)
- Sex offenses requiring registration under PC 290
- Crimes against children
- Currently charged with a criminal offense
- Currently serving a sentence or on probation
- Federal convictions
To be eligible you must have completed all terms of probation — including fines, restitution, and community service — and not be currently charged with or serving a sentence for any other offense.
How to File a Petition — Step by Step
If you don't qualify for automatic relief or want to request dismissal sooner, you can file a petition under Penal Code § 1203.4.
1
Get Your Court Records
Contact the court where you were convicted to get a copy of your case records. You'll need your case number, conviction date, and sentence details to fill out your petition correctly.
2
Download the Petition Form
Get the Petition for Dismissal (Form CR-180) from the California Courts website at
courts.ca.gov. There may be a filing fee — contact your county court for the amount, or ask about a fee waiver if you cannot afford it.
3
File Your Petition
File your completed petition with the court where you were convicted. Felony petitions require an additional written motion and typically require a court hearing. Misdemeanor petitions may be decided without a hearing.
4
Serve the Prosecuting Agency
Provide a copy of your petition to the prosecuting agency — usually the District Attorney's office in the county where you were convicted. They have the opportunity to object.
5
Attend Your Hearing (Felonies)
Felony petitions require a court hearing where you may present evidence of rehabilitation — steady employment, community involvement, family support. The judge has discretion and will consider your full criminal history and whether dismissal serves the interests of justice.
6
After Dismissal Is Granted
Your record will be updated to show the case as dismissed pursuant to PC 1203.4. The California DOJ and FBI will still show the conviction and the later dismissal on official criminal history records — but for most private employers and landlords, the dismissed record should not be used against you.
Official Forms
All California court forms are available free from the California Courts website.
Helpful Resources
Clearing your record is one step. These resources can help with the next ones.
FREE LEGAL HELP
Lawyers' Committee for Civil Rights
Free expungement clinics and legal help for low-income Californians
lccrsf.org →
FREE LEGAL HELP
Neighborhood Legal Services
Free civil legal assistance including expungement help across California
nlsla.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
COURT LOCATIONS
California Courts
Find your county superior court and self-help center
courts.ca.gov →
CHECK YOUR RELIEF STATUS
California DOJ — Request Your Record
Request a copy of your California criminal history to see what's on your record
oag.ca.gov →
Frequently Asked Questions
How do I know if my record was automatically cleared? +
Request a copy of your criminal history from the California DOJ at oag.ca.gov. If your record was automatically cleared under the Clean Slate Act, it will show a relief notation. If it hasn't been cleared yet but you believe you qualify, you can file a petition.
Will my record disappear from background checks? +
For most private employers and landlords, yes — dismissed records and sealed arrests should not appear. However, official law enforcement and DOJ records will still show the conviction and the later dismissal. Some third-party background check companies may also take time to update their databases.
Can I legally say I was never convicted? +
In most cases, yes. Once a conviction is dismissed under PC 1203.4, you can answer "no" on most job applications when asked about criminal convictions. However, there are exceptions — government jobs, positions requiring security clearances, and some professional licenses may still require disclosure.
Does dismissal restore my gun rights? +
Not automatically. A PC 1203.4 dismissal does not restore firearm rights if the conviction originally took those rights away. Restoring gun rights in California requires a separate process and in many cases is not possible.
Do I need an attorney? +
For misdemeanors you can often file on your own using the court's self-help resources. For felonies, which require a written motion and a hearing, working with an attorney is strongly recommended. Many counties have free legal aid clinics specifically for expungement.
What is a Certificate of Rehabilitation? +
A Certificate of Rehabilitation is a court order stating you have been rehabilitated. It's available 7-10 years after release from custody and serves as an automatic application for a Governor's Pardon. It provides additional benefits beyond a standard dismissal, particularly for professional licensing.
After Your Record Is Cleared
In California, once your conviction is dismissed under PC 1203.4 or automatically cleared under the Clean Slate Act, you can legally answer "no" on most job applications when asked about criminal convictions. The record shows as dismissed — not convicted — on most background checks.
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Employment
California's ban-the-box law (AB 1008) prevents employers from asking about criminal history until a conditional job offer is made. After dismissal, you generally do not have to disclose the conviction. Government jobs and positions requiring security clearances are exceptions.
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Professional Licensing
California is one of the strongest states for professional licensing after expungement. Under AB 1076, most state licensing boards cannot deny a license solely based on a dismissed conviction. However, certain serious offenses and specific professions have exceptions.
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Gun Rights
A PC 1203.4 dismissal does not restore firearm rights lost due to a felony conviction. California has strict firearms laws and restoring gun rights after a felony requires a separate legal process and in many cases is not possible. Consult a licensed California attorney.
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Background Check Databases
After dismissal or automatic sealing, private background check companies should not report the conviction. However some databases take time to update. If an old record appears, you can dispute it under the California Consumer Reporting Agencies Act. Keep a copy of your dismissal order.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
