California Expungement & Record Sealing Guide

Who Qualifies for Expungement in California?

California has two separate paths for clearing your record: automatic sealing (no action needed) and petition-based expungement under PC § 1203.4.

Automatic Sealing (AB 1076 + SB 731 — No Filing Required)

As of July 2024, California automatically seals records on this schedule:

• Misdemeanor arrest, no charges filed: 1 year after arrest
• Misdemeanor charge dismissed: Immediately after dismissal
• Misdemeanor conviction with probation: Immediately after probation completed
• Misdemeanor conviction without probation: 1 year after case ends
• Felony arrest, no charges filed: 3 years after arrest
• Felony charge dismissed: Immediately after dismissal
• Felony conviction with probation (non-serious/violent): Immediately after probation
• Felony conviction without probation (non-serious/violent): 4 years after case ends

Does not apply to: serious felonies (PC § 1192.7), violent felonies (PC § 667.5), or sex offenses requiring registration.

Petition-Based Expungement (PC § 1203.4)

If automatic sealing hasn't occurred or doesn't apply, you can petition the court. You are eligible if:

• You successfully completed probation (misdemeanor or felony)
• You did not serve time in California State Prison (with limited exceptions under PC § 1203.42 for post-Realignment offenses)
• You are not currently charged with, on probation for, or serving a sentence for any crime
• The offense is not a serious/violent felony or a sex offense requiring registration

Note: Felonies must typically be reduced to misdemeanors first (using a § 17(b) motion for "wobblers") before being dismissed under § 1203.4.

Step-by-Step: How to Clear Your Record in California

First, check whether your record may have been automatically sealed — many people qualify without realizing it. Run a background check or request your record from the California DOJ (fee: $25).

If you need to file a petition:

1. Obtain your criminal record — Request from the court where you were convicted and from California DOJ.
2. Confirm eligibility — Verify probation completion date, offense type, and any prison time.
3. Reduce the felony (if applicable) — File a motion under PC § 17(b) to reduce a wobbler felony to a misdemeanor before the expungement petition.
4. Complete the petition form — Use Form CR-180 (Petition to Dismiss) for misdemeanors and most felonies. Available from the court clerk or California Courts website (courts.ca.gov).
5. File with the court — Submit one form per conviction to the court where the case was heard, along with the filing fee ($120–$400 depending on county).
6. Notify the prosecutor — Serve notice at least 15 days before any hearing.
7. Attend the hearing (if scheduled) — Not all courts require a hearing for straightforward cases. If probation was violated, expect a hearing where the judge considers your overall compliance, the nature of the offense, and any supporting evidence.
8. Order issued — If granted, the court dismisses the case under PC § 1203.4. Notify relevant agencies if records haven't updated within 90 days.

Waiting Periods

Under automatic sealing (SB 731/AB 1076), no waiting period is required beyond the timeframes listed above — the DOJ handles it monthly. For petition-based expungement:

• Completed probation: You may file immediately after probation ends
• Early termination of probation: File a motion for early termination first, then petition for dismissal
• PC § 1203.42 (prison, post-Realignment): At least 2 years after completing your sentence

Costs

• Court filing fee: $120–$400 (varies by county; fee waiver available if indigent)
• DOJ record request: $25 (to confirm your record before filing)
• Attorney fees: $500–$2,500 for misdemeanors; $1,500–$4,000 for felonies
• Automatic sealing: Free — no fees required

Indigent petitioners can request a fee waiver using Form FW-001 (Request to Waive Court Fees).

What Record Clearing Does (and Doesn't) Do in California

After a successful expungement or sealing in California, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in California for advice specific to your situation.