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Expungement (dismissal), automatic record relief, or clean slate in California

Can I clear my record in California?

California does not truly erase records, but most people who finished probation, a misdemeanor sentence or a county jail felony sentence can ask the court to dismiss the conviction, which is often called expungement.

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes California law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Since January 1, 2023, many people who served state prison can also ask, two years after finishing the sentence. The state's Clean Slate laws have the Department of Justice grant relief automatically every month for many arrests and convictions back to 1973, including many felonies after four crime-free years. A DUI conviction can be dismissed, but it still counts as a prior DUI.1,2,3,4

Checked October 21, 2026 against 31 sources, starting with California law, then by a second reader.

What it's called
Expungement (dismissal), automatic record relief, or clean slate1,2,3
Automatic clearing
Yes, for some records, since July 1, 202210,11
DUI or DWI
Can be cleared4,11
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Dismissal

Dismissal of a conviction (expungement)

The court lets you withdraw your plea (or sets aside the guilty verdict) and dismisses the case, and you are released from most penalties and disabilities of the conviction. You must still disclose it when a direct question asks on an application for public office, a state or local license, or a contract with the California State Lottery Commission. It can still be used as a prior conviction if you are charged again. It does not restore firearm rights, and it does not undo Vehicle Code § 13555 license actions. Unexpired criminal protective orders stay in effect (Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41). Employers covered by the Fair Chance Act may not consider a dismissed conviction (Gov. Code § 12952).1,2,3,4

What it's for: Convictions where you completed probation, misdemeanors and infractions without probation, felonies served in county jail, and state prison felonies that do not require sex offender registration.

Who can use it

  • You were granted probation and completed it or got early termination. The court must then grant the petition. If you did not fully complete probation, the court may still grant it in the interest of justice (§ 1203.4; California Courts Self-Help Guide).
  • You are not serving a sentence, not on probation or parole in any case, and not charged with a new offense (§ 1203.4).
  • A misdemeanor or infraction without probation qualifies one year after judgment if you completed the sentence (§ 1203.4a). If you meet every condition, including having lived an honest and upright life, relief is mandatory; otherwise it is up to the court.
  • A felony sentenced to county jail under Penal Code § 1170(h)(5) qualifies 1 year after completing the sentence if you had mandatory supervision, or 2 years if you did not. The court decides (§ 1203.41).
  • A felony sentenced to state prison qualifies 2 years after completing the sentence if it does not require sex offender registration. The court decides (§ 1203.41; available since January 1, 2023 per the Self-Help Guide).
  • Unpaid restitution or fines cannot, by themselves, be the reason for denial (§§ 1203.4, 1203.4a, 1203.41).
  • People who served on a fire crew in prison or county jail have a separate route under § 1203.4b (forms CR-430, CR-431, CR-432).

What doesn't qualify

  • Certain sex offenses involving minors and child pornography offenses listed in § 1203.4(b), including PC 288, 288.5, 311.1, 311.2, 311.3 and 311.11, and a felony under § 261.5(d).
  • State prison felonies that require sex offender registration (§ 1203.41).
  • Some Vehicle Code offenses listed in the statutes, such as misdemeanors under Vehicle Code § 42002.1 (§§ 1203.4(b), 1203.4a(d)).
  • Anyone currently serving a sentence, on probation or parole, or facing new charges.

How long you have to wait

RecordWaiting period
Conviction with probationWhen probation is completed (or terminated early)You can ask for early termination under § 1203.3 at the same time.
Misdemeanor or infraction without probation1 year from the date of judgment§ 1203.4a
Felony, county jail with mandatory supervision (§ 1170(h)(5)(B))1 year after completing the sentence§ 1203.41
Felony, county jail without mandatory supervision (§ 1170(h)(5)(A))2 years after completing the sentence§ 1203.41
Felony, state prison (no sex offender registration required)2 years after completing the sentence§ 1203.41

Some records clear automatically. Many people already got similar relief automatically from the Department of Justice under § 1203.425 (see Automatic conviction relief). The Self-Help Guide says filing with the court may still give extra benefits.

How to apply

  1. Optional: get your RAP sheet from the California DOJ to see whether automatic relief has already been granted.
  2. Fill out Form CR-180 (Petition for Dismissal) and the top of Form CR-181 (Order for Dismissal). If you are still on probation, also ask for early termination; there is no statewide form for that, so write your own request.
  3. File the forms with the superior court where you were convicted. Some courts send copies to the district attorney and probation for you; the prosecutor must get at least 15 days' notice (§ 1203.4).
  4. Go to the hearing if one is set. In Sacramento, for example, felony petitions and misdemeanor petitions filed while on probation get a hearing, and misdemeanors not on probation are decided without one.
  5. Get a copy of the signed CR-181 and keep it.
Where to file
The superior court in the county where you were convicted.
Cost
Superior courts we checked say there is no filing fee for a petition for dismissal: Sacramento (instructions revised January 2025) and Ventura (revised August 2023). The current text of § 1203.4 has no fee or cost provision. Some courts charge for certified copies; Sacramento charges $40 plus $0.50 per page if you ask for a mailed copy without sending a stamped envelope.
Court hearing
Sometimes
How long it takes
Varies by court. Sacramento sets felony hearings about 90 days after filing.

Official forms

Other relief

Automatic conviction relief (Clean Slate)

The Department of Justice marks the conviction as granted relief, and courts may not disclose it to anyone except you or a criminal justice agency. You are released from most penalties and disabilities, as with a dismissal. You must still disclose it for peace officer, public office, certain in-home supportive services and State Lottery applications. It can still be used as a prior conviction, and firearm rules and some licensing and Education Code access are unchanged (Cal. Penal Code § 1203.425). DOJ says the conviction stays on your record with a notation; it is not a sealing or expungement, and DOJ releases it to employers only where Penal Code § 11105(k)-(p) allows.9,10,11,12

What it's for: Convictions on or after January 1, 1973 where probation was completed, misdemeanors and infractions one year after judgment, and many felonies four years after all supervision ends.

Who can use it

  • You are not required to register as a sex offender, have no active supervision, are not serving a sentence and have no pending charges (§ 1203.425(a)(1)(B)).
  • You were sentenced to probation and appear to have completed it without revocation.
  • Or, for a misdemeanor or infraction without probation, you completed the sentence and at least one calendar year has passed since judgment.
  • Or, for a felony not completed on probation, you completed all incarceration and supervision (probation, mandatory supervision, PRCS and parole), and four years have passed since then with no new felony conviction.

What doesn't qualify

  • Anyone required to register as a sex offender.
  • On the felony track: serious felonies (Penal Code § 1192.7(c)), violent felonies (§ 667.5) and felonies requiring sex offender registration.
  • Cases where the prosecutor or probation department successfully petitions to block relief because it would pose a substantial threat to public safety. The petition must be filed at least 90 days before your eligibility date (§ 1203.425(b)). You can still petition under § 1203.4.

How long you have to wait

RecordWaiting period
Conviction with probationWhen probation is completed without revocation
Misdemeanor or infraction without probation1 calendar year after judgment, once the sentence is completed
Felony not completed on probation (not serious, violent or registrable)4 years after completing all incarceration and supervision, with no new felony conviction

Happens automatically. Each month, DOJ reviews its records and grants relief without a petition where its electronic records show eligibility. DOJ does not notify you; it notifies the court. Automatic relief began July 1, 2022 (AB 1076). SB 731 (2022) and AB 567 (2023) added more felonies and misdemeanors, effective October 1, 2024 (per AB 168). Relief depends on funding in the annual Budget Act (§ 1203.425; California DOJ).

How to apply

  1. Nothing to file. To check, request your own record from the California DOJ ('Criminal Records - Request Your Own').
  2. If you think DOJ's record is wrong, you can file form BCIA 8706, Claim of Alleged Inaccuracy or Incompleteness.
  3. You can still petition the court for dismissal under § 1203.4 or other relief.
Where to file
California Department of Justice (automatic), with notice to the superior court.
Cost
No application and no fee for automatic relief. To check your status, a DOJ record review requires Live Scan fingerprints and a $25 DOJ processing fee, and DOJ says you may be eligible for a waiver of its processing fee.
Court hearing
No
How long it takes
DOJ reviews its databases monthly.

Sealing

Sealing an arrest that did not lead to a conviction

The arrest is deemed not to have occurred, and you may answer questions about it accordingly. You must still disclose it when a direct question asks on applications for public office, peace officer jobs, state or local licenses, or State Lottery contracts. Sealed records are not available to the public, but law enforcement and some government agencies can still see them. A sealed arrest can be used in later prosecutions for other offenses (Cal. Penal Code § 851.91; Self-Help Guide).13,14,15

What it's for: Arrests where no charges were filed in time, charges were dismissed and cannot be refiled, you completed diversion or deferred entry of judgment, you were acquitted, or a conviction was vacated or reversed.

Who can use it

  • Your arrest did not result in a conviction, and you can no longer be charged with that offense (§ 851.91).
  • If you qualify, sealing is a matter of right, unless the arrest involved domestic violence, child abuse or elder abuse and your record shows a pattern of such arrests or convictions. Then you must show sealing is in the interest of justice.

What doesn't qualify

  • Arrests you can still be charged for.
  • Arrests for murder or other offenses with no statute of limitations, unless you were acquitted or found factually innocent.
  • Cases where you intentionally evaded prosecution, for example by absconding or by identity fraud for which you were then charged.

How long you have to wait

RecordWaiting period
Arrest with no convictionOnce you can no longer be charged (limitations has run, charges dismissed and cannot be refiled, or acquittal)

Some records clear automatically. Many non-conviction arrests are granted relief automatically by DOJ under § 851.93 (see Automatic arrest relief).

How to apply

  1. Read Form CR-409-INFO to check eligibility.
  2. Fill out Form CR-409 (Petition to Seal Arrest and Related Records) and file it with the court. If granted, the judge signs Form CR-410.
  3. Other routes exist for prefiling diversion (§ 851.87), drug diversion (§ 851.90), post-dismissal diversion (§ 1001.9) and factual innocence (§§ 851.85, 851.86; DOJ form BCIA 8270 when no charges were filed or they were dismissed before trial).
Where to file
The superior court.
Cost
Neither § 851.91 nor the Self-Help Guide page mentions a fee. Ask the clerk.

Official forms

Sealing

Automatic arrest relief

The arrest is deemed not to have occurred, you are released from its penalties and disabilities, and you may answer questions about it accordingly. You must still disclose it on a peace officer job application. Criminal justice agencies keep access, prosecutors may still charge within the statute of limitations, and courts generally may not disclose relieved arrests (Cal. Penal Code § 851.93).10,16,17

What it's for: Arrests on or after January 1, 1973 that did not lead to a conviction.

Who can use it

  • A misdemeanor arrest where the charge was dismissed.
  • A misdemeanor arrest with no conviction, after 1 calendar year, if no charges from it are pending.
  • A felony arrest punishable by less than 8 years, with no conviction, after 3 calendar years.
  • A felony arrest punishable by 8 or more years, with no conviction, after 6 years.
  • An arrest where you completed a listed diversion or deferred entry of judgment program.

What doesn't qualify

  • Arrests that led to a conviction, or where charges are still pending.

How long you have to wait

RecordWaiting period
Misdemeanor arrest, no conviction1 year (immediately if the charge was dismissed)
Felony arrest punishable by less than 8 years, no conviction3 years
Felony arrest punishable by 8 or more years, no conviction6 years

Happens automatically. DOJ reviews its records monthly and grants relief without a petition. The current version of § 851.93 is operative October 1, 2024, subject to funding in the Budget Act (§ 851.93; California DOJ).

How to apply

  1. Nothing to file. Request your own DOJ record to check. You can still petition the court under § 851.91 for sealing.
Where to file
California Department of Justice (automatic).
Cost
No application and no fee.
Court hearing
No
How long it takes
DOJ reviews its databases monthly.

Certificate of relief

Certificate of Rehabilitation

A court finding that you are rehabilitated. It is sent to the Governor as an application for a pardon, may help with professional licensing, and in rare cases can end sex offender registration. It does not erase or seal the record, does not restore gun rights and does not stop the conviction from counting as a prior (California Courts Self-Help Guide).18,19

What it's for: Felony convictions, and misdemeanor sex offenses that require registration, after a period of rehabilitation.

Who can use it

  • You have lived in California continuously for the 5 years before applying.
  • You have completed the period of rehabilitation, usually 5 years of residence plus 2 to 5 more years depending on the offense, counted from release from custody or supervision (Penal Code § 4852.03; Self-Help Guide).
  • For a felony with prison or jail time, you are off parole, PRCS or mandatory supervision. For felony probation or a registrable sex offense, the case must first be dismissed, and you cannot have been in custody since.

What doesn't qualify

  • People in the military, living out of state, on mandatory life parole, or with a death sentence.
  • People convicted of listed sex crimes involving a minor (Penal Code §§ 269, 286(c), 288, 288a(c), 288.5, 288.7, 289(j)).
  • The Self-Help Guide says a felony reduced to a misdemeanor makes you ineligible; talk to a lawyer before reducing a felony if you want a certificate.

How long you have to wait

RecordWaiting period
Eligible felonyAbout 7 to 10 years in total (5 years of California residence plus 2 to 5 more years, depending on the offense)Penal Code § 4852.03

How to apply

  1. Get your RAP sheet from the court or DOJ.
  2. Get the Petition for Certificate of Rehabilitation and Pardon and the Notice of Filing of Petition (Board of Parole Hearings forms; local courts may add their own).
  3. File in the superior court of the county where you live or where you were convicted.
  4. Serve the notice on the district attorney (in the filing county and each county with a felony conviction) at least 30 days before the court date.
  5. Gather letters of support and proof of work, school and programs, and attend the hearing.
Where to file
The superior court in the county where you live or where you were convicted.
Cost
The Self-Help Guide says there is no filing fee.
Court hearing
Yes
How long it takes
The wait after a complete application can be many months. After approval, the Board of Parole Hearings reviews the pardon application and reports to the Governor within a year (Self-Help Guide).

Automatic clearing

California's Department of Justice grants arrest relief (Penal Code § 851.93) and conviction relief (§ 1203.425) automatically each month, with no petition, for records back to January 1, 1973. AB 1076 (2019) started automatic relief on July 1, 2022, and AB 145 (2021) extended review back to 1973. SB 731 (2022) and AB 567 (2023) added most felonies after four crime-free years and misdemeanors with revoked probation that were later completed, effective October 1, 2024 (per AB 168, 2024). Serious, violent and sex-registration felonies are excluded, and courts must limit public access to relieved records (California DOJ).10,11

DUI and DWI records in California

A DUI conviction can be dismissed under Penal Code § 1203.4 once probation is completed; DUI is not on the statute's exclusion list. A misdemeanor DUI where probation was completed can also get automatic relief under § 1203.425. Dismissal does not erase the DUI for future cases: it can still be pleaded and proved as a prior conviction, so it still counts if you are charged with another DUI. It also does not undo DMV license actions, because Vehicle Code § 13555 is carved out of the release from penalties. You must still disclose it on applications for public office, state or local licenses and State Lottery contracts. A felony DUI served in county jail or state prison follows the § 1203.41 waits (1 or 2 years after the sentence).4,11

Arrests and dismissed charges

DOJ automatically grants relief for many arrests that did not lead to a conviction (Penal Code § 851.93): misdemeanor arrests after 1 year (or at dismissal), felony arrests after 3 years (6 years if punishable by 8 or more years), and arrests ending in completed diversion. You can also petition the court to seal an arrest under § 851.91 with Form CR-409, which is a right in most cases once you can no longer be charged. Separate routes cover diversion (§§ 851.87, 851.90, 1001.9) and factual innocence (§§ 851.85, 851.86; DOJ form BCIA 8270), which can lead to records being sealed and destroyed.14,17

Marijuana records

Under Proposition 64 (2016), many marijuana convictions from before November 9, 2016 under Health and Safety Code §§ 11357, 11358, 11359 and 11360 can be redesignated as misdemeanors or infractions, dismissed and sealed, and some records destroyed (Health & Safety Code § 11361.8). Under § 11361.9, DOJ identified eligible convictions by July 1, 2019. Convictions that prosecutors did not challenge by July 1, 2020 are treated as recalled, dismissed and redesignated, with court orders due by March 1, 2023. If your record has not been updated, file Form CR-400 (Petition/Application) and Form CR-401 (Proof of Service) with the court where you were convicted (Self-Help Guide).20,21

What employers can see afterward

California's Fair Chance Act covers employers with 5 or more employees. They may not ask about conviction history on the application or before a conditional job offer. During a background check they may not consider arrests that did not lead to conviction (except as Labor Code § 432.7 allows), diversion, or convictions that were sealed, dismissed, expunged or statutorily eradicated, pardoned or covered by a certificate of rehabilitation. Before denying a job over a conviction, the employer must do an individualized assessment and send a preliminary notice, then give you at least 5 business days to respond (5 more if you are getting evidence that the report is wrong), and then send a final written notice. Jobs where the law requires a background check or restricts hiring based on records are exempt (Gov. Code § 12952). The Civil Rights Council's amended criminal-history regulations took effect October 1, 2023. Complaints go to the Civil Rights Department.22,23,24,25

Free help in California

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.27,28,29
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.30,31

This page explains California's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in California?" https://secondchanceindex.com/record-clearing/california, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41
  2. Record cleaning: MisdemeanorsJudicial Council of California, California Courts Self-Help Guide
  3. Record cleaning: Felony convictions and Prop 47Judicial Council of California, California Courts Self-Help Guide
  4. Cal. Penal Code § 1203.4 (republished statute text, current as of January 1, 2026)FindLaw, republishing the California Legislature's text
  5. Cal. Penal Code § 1203.4a (republished statute text)FindLaw, republishing the California Legislature's text
  6. Cal. Penal Code § 1203.41 (republished statute text)FindLaw, republishing the California Legislature's text
  7. 1203.4 Dismissal Process (rev. January 2025)Superior Court of California, County of Sacramento
  8. Misdemeanor Expungement Form Packet Info Sheet (rev. August 11, 2023)Superior Court of California, County of Ventura
  9. Cal. Penal Code § 1203.425
  10. Automatic Record Relief - Penal Code sections 851.93 and 1203.425California Department of Justice, Office of the Attorney General
  11. Cal. Penal Code § 1203.425 (republished statute text, current as of January 1, 2026)FindLaw, republishing the California Legislature's text
  12. Record Review (request your own criminal record)California Department of Justice, Office of the Attorney General
  13. Cal. Penal Code § 851.91
  14. Record cleaning: Arrest with no convictionJudicial Council of California, California Courts Self-Help Guide
  15. Cal. Penal Code § 851.91 (republished statute text)FindLaw, republishing the California Legislature's text
  16. Cal. Penal Code § 851.93
  17. Cal. Penal Code § 851.93 (republished statute text)FindLaw, republishing the California Legislature's text
  18. Cal. Penal Code §§ 4852.01-4852.21
  19. Certificate of RehabilitationJudicial Council of California, California Courts Self-Help Guide
  20. Marijuana conviction relief (Prop 64)Judicial Council of California, California Courts Self-Help Guide
  21. Cal. Health & Safety Code § 11361.9 (republished statute text)FindLaw, republishing the California Legislature's text
  22. Cal. Gov. Code § 12952 (republished statute text, current as of January 1, 2026)FindLaw, republishing the California Legislature's text
  23. Criminal history and job applications (Fair Chance Act)Judicial Council of California, California Courts Self-Help Guide
  24. Fair Chance ActCalifornia Civil Rights Department
  25. Civil Rights Council rulemaking actionsCalifornia Civil Rights Department
  26. Clean your record (index)Judicial Council of California, California Courts Self-Help Guide
  27. List of consumer reporting companiesConsumer Financial Protection Bureau
  28. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  29. Employer Background Checks and Your RightsFederal Trade Commission
  30. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  31. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)