Clearing Your Criminal Record in California: What Actually Works
TL;DR: California does not literally “erase” a record, but two tools can hide or dismiss it: dismissal under Cal. Penal Code § 1203.4 and sealing under the Clean Slate laws (AB 1076 and SB 731). Since October 2024, the Department of Justice reviews records every month and grants automatic relief to many people — without a petition. The state does not notify you when it happens, so the real questions are whether your record qualifies, whether it was actually cleared, and what to do if it wasn’t.
What “Expungement” Really Means in California
Most people use “expungement” to mean making a record disappear. California does not work that way. State law does not destroy the underlying record; instead, it provides relief that either dismisses a conviction or seals it from public view. In practice, that relief is usually enough to keep an old case off the background checks that employers and landlords rely on.
The Two Main Tools
- Dismissal (petition-based). Under Penal Code § 1203.4, the court can allow you to withdraw a guilty plea (or set aside a verdict) and dismiss the case. This is the traditional California “expungement,” typically available after successful completion of probation.
- Sealing (automatic or petition-based). Arrest records that did not lead to conviction can be sealed under Penal Code § 851.93, and many convictions now receive automatic relief under Penal Code § 1203.425. Records outside the automatic categories may still be sealed by petition under Penal Code § 1203.41.
The Clean Slate Law: Automatic Relief
California’s Clean Slate laws — AB 1076 (2019) and SB 731 (2022) — direct the California Department of Justice to review the statewide criminal databases every month and grant relief to records that qualify, with no petition, no filing fee, and no action required from you. The expansion covering many prison-sentenced felonies began October 1, 2024, so if your record qualifies, enough time has likely passed for it to already be handled.
Who Generally Qualifies for Automatic Relief
Under Penal Code § 1203.425, you may be eligible if all of the following are true, plus a category below applies:
- You are not currently serving a sentence for any offense;
- You have no active local, state, or federal supervision; and
- There is no indication of pending criminal charges.
And your situation matches one of these:
- Misdemeanor or infraction: you completed your sentence and at least one year has passed since the judgment.
- Felony with probation: you successfully completed probation without revocation.
- Felony with incarceration (non-serious, non-violent): you completed all terms and four years have passed with no new felony conviction.
Who Is Excluded
Automatic relief does not reach every record. Categorically excluded are serious felonies (as defined in Penal Code § 1192.7(c)), violent felonies (Penal Code § 667.5(c)), and offenses requiring sex-offender registration (Penal Code § 290). Many of these records may still be addressed by petition, but not through the automatic process.
What Clearing Your Record Does — and Doesn’t Do
Relief adds a “relief granted” notation to your state summary criminal history and limits disclosure to most private employers and background-check companies. That is what helps with jobs, housing, and many professional licenses. It has limits, though: courts, prosecutors, and law enforcement keep access; a dismissal generally does not restore firearm rights; and some applications (such as certain state licenses or public office) may still require disclosure. Sealing and dismissal serve different purposes, and for some goals pursuing both makes sense.
How to Check Whether Your Record Was Already Cleared
The catch with automatic relief is that the state does not notify you when it grants it. The only reliable way to confirm your current status is to request your personal criminal history record (your “RAP sheet”) from the California Department of Justice and read the notations. If a record that should qualify has not been updated, that is a fixable problem — not a reason to wait.
Tips to Protect Your Fresh Start
- Request your DOJ RAP sheet before assuming a record is (or isn’t) cleared.
- Stay free of new charges — a new case can delay or even reverse eligibility.
- Know the difference between dismissal and sealing; the right tool depends on your goal.
- Under California’s Fair Chance Act, most employers can’t ask about conviction history until after a conditional offer — know your rights in hiring.
Checklist: What to Gather
- Your DOJ criminal history record (RAP sheet)
- Case numbers and county of conviction for each record
- Dates: arrest, conviction, and completion of probation, parole, or supervision
- Proof you completed all sentence terms (probation discharge, receipts, records)
- A list of any offenses that may fall into the excluded categories above
If You’re Not Eligible for Automatic Relief
Falling outside the automatic categories does not mean the door is closed. Petition-based dismissal under Penal Code § 1203.4 and expanded petition-based sealing under Penal Code § 1203.41 reach many people the monthly review does not, including many older felony records. Petitions are generally filed in the county where the conviction occurred.
FAQ
Does California really “expunge” records?
Not in the erase-it sense. It dismisses convictions (§ 1203.4) or seals records from public view (Clean Slate relief). Either way, most background checks stop showing the case.
Do I have to file anything for automatic relief?
No. The DOJ reviews records monthly and grants qualifying relief without a petition. But because there is no notice, you should verify your status by requesting your RAP sheet.
Will a cleared record show up when I apply for jobs?
For most private employers and background-check companies, no — that is the point of the relief. Certain licenses and government positions can be exceptions.
How long does it take?
Automatic relief follows the DOJ’s monthly cycle once you’re eligible. Petition-based relief depends on the county and the offense, and timelines vary.
Can serious or violent felonies be cleared?
They are excluded from automatic relief and from some petition options, but eligibility depends on the specific offense and history. It is worth reviewing rather than assuming.
Next Steps
If an old California case is still following you, start by pulling your DOJ RAP sheet and identifying which tool fits — automatic relief, dismissal, or petition-based sealing. Then confirm whether the state has already acted and, if not, what it takes to fix it. Contact our team for a review of your record and your options across California.