California Expungement Laws: Dismissal and Record Relief

California does not have traditional expungement. Instead, the state offers conviction dismissal under Penal Code § 1203.4, automatic relief under the Clean Slate law (PC § 1203.425, operative October 1, 2024), and arrest record sealing under PC § 851.91, each with distinct eligibility rules and practical effects.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers California state conviction relief and arrest record sealing only. For a national comparison, see Expungement Laws by State.

Does True Expungement Exist in California?

The California Courts self-help center states plainly that "true expungement does not exist in California." What California offers instead is a spectrum of record relief tools that restrict public disclosure of certain records without physically destroying or sealing them from all government databases. The most widely used tool is the court "dismissal" under Penal Code § 1203.4, which lets a court withdraw a guilty plea or set aside a guilty verdict, then dismiss the case. The record still exists in law enforcement databases and must be disclosed in specific situations, but many private employers and licensing boards treat a dismissed conviction differently than an active one. Understanding this distinction is critical before deciding which remedy to pursue.

Petition-Based Dismissal Under Penal Code § 1203.4 and Related Statutes

Under PC § 1203.4, a defendant who was placed on probation and has either completed the full term or received an early discharge may petition the superior court in the county of conviction to dismiss the case. The court must grant relief if the defendant satisfies the statutory requirements, but retains discretion to grant relief "in the interest of justice" even when conditions were not fully met. Unpaid restitution cannot, by itself, be the basis for denying a petition. Key eligibility requirements are: probation is completed or terminated, the defendant is not currently serving a sentence, not on probation, and not charged with any offense.

Defendants who received a misdemeanor sentence without probation are covered by PC § 1203.4a, which requires a one-year waiting period from the date of judgment and a showing of honest and law-abiding conduct since. Defendants who received a straight county-jail felony sentence under PC § 1170(h)(5)(A) must wait two years after completing the sentence before petitioning under PC § 1203.41; those who received a split sentence must wait one year. Defendants sentenced to state prison for a non-sex-offense felony may also petition under PC § 1203.41 after the applicable waiting period.

What dismissal accomplishes: The court withdraws the plea, sets aside the verdict, and dismisses the case. The defendant is released from "all penalties and disabilities" arising from the conviction, except: firearm prohibitions remain; the conviction can still be used in future prosecutions; disclosure is still required when applying for public office, state licenses, or peace officer positions; and any criminal protective order remains in force.

Categorical exclusions from petition-based dismissal:

• Any offense requiring registration as a sex offender under PC § 290 et seq.
• Certain Vehicle Code offenses under VC § 12810 (the court may still grant relief in the interest of justice for Vehicle Code matters)
• Misdemeanor violations of PC § 288(c)

DUI Convictions and PC § 1203.4

A DUI conviction under Vehicle Code § 23152 or § 23153 is not automatically excluded from dismissal under PC § 1203.4. A person who was placed on DUI probation and completed it without revocation is generally eligible to petition for dismissal. The practical limitation is that a PC § 1203.4 dismissal does not remove the DUI from the DMV driving record under Vehicle Code § 13555, and the conviction can still be used to enhance penalties for a subsequent DUI. Employers in safety-sensitive industries and professional licensing boards may also ask about dismissed convictions in contexts covered by statutory disclosure requirements. Anyone with a DUI who wants to assess the effect of a dismissal on their specific license or employment situation should consult a California attorney before filing.

Automatic Relief Under the Clean Slate Law (PC § 1203.425)

California's Clean Slate framework, built through AB 1076 (2019), SB 731 (2021-22), and AB 168 (2023), requires the California Department of Justice to review all statewide criminal justice databases on a monthly basis and automatically grant relief to qualifying records without any petition or court appearance. PC § 1203.425 became operative on October 1, 2024, extending the automatic relief program to cover additional felony convictions.

Eligibility for automatic conviction relief under PC § 1203.425 requires that the person:

1. Is not required to register as a sex offender under PC § 290 et seq.
2. Has no active record in the Supervised Release File (no current local, state, or federal supervision).
3. Is not currently serving a sentence and has no pending charges.
4. Has a conviction date on or after January 1, 1973.

For misdemeanor and infraction convictions, the relief applies when at least one calendar year has passed since judgment. For non-serious, non-violent felony convictions (those not listed in PC § 1192.7(c) or PC § 667.5(c) and not requiring sex offender registration), the waiting period is four years after completing all incarceration, probation, and supervision, with no new felony conviction during that window.

What automatic relief does: The DOJ adds a notation to the record stating "relief granted" with the date and statute. Courts are notified and limit public access to those records. The relief restricts employer access under PC § 11105 in most private-sector contexts. It does not seal or physically destroy the record, does not affect access by criminal justice agencies, does not restore firearm rights, and does not eliminate disclosure obligations for peace officer employment, public office, or state licensing.

For arrest records, a parallel automatic relief program under PC § 851.93 applies to arrests that did not result in conviction, covering records dating back to January 1, 1973.

Sealing Arrest Records Under PC § 851.91

When an arrest did not lead to a conviction, California law provides a distinct remedy: petitioning to seal the arrest record under PC § 851.91. Qualifying circumstances include: arrest with no charges filed, charges filed but dismissed and unable to be refiled, acquittal at trial, or conviction later vacated on appeal with no refiling option. Exclusions include situations where charges could still be filed, or where the offense involves murder or other offenses with no statute of limitations (unless the petitioner was acquitted).

For most qualifying arrests, sealing is available "as a matter of right." The exception is when the arrest involved domestic violence, child abuse, or elder abuse and the petitioner's record shows a pattern of similar arrests or convictions (two or more convictions or five or more arrests for separate offenses within three years). In those situations the court applies a discretionary "interests of justice" standard, weighing hardship, character evidence, and the arrest record.

The legal effect of a sealed arrest under PC § 851.91 is significant: the arrest "is deemed not to have occurred," and the petitioner may legally answer "no" to questions about that arrest on most applications. However, sealed records remain accessible to law enforcement, courts, peace officer employers, public office applicants, state licensing agencies, and the California State Lottery Commission.

How to petition: File Judicial Council Form CR-409 (Petition to Seal Arrest and Related Records) in the superior court of the county where the arrest occurred. If granted, the court issues Form CR-410 (Order to Seal Arrest and Related Records).

How to File a Petition for Conviction Dismissal

To pursue conviction dismissal under PC § 1203.4, § 1203.4a, or § 1203.41, follow these steps:

1. Obtain your rap sheet. Request a copy of your California criminal history from the CA DOJ or the superior court where the conviction was entered to confirm the exact charges and disposition.
2. Confirm eligibility. Verify that probation is completed (or the waiting period has passed under § 1203.4a or § 1203.41), that you are not currently charged with or serving a sentence for another offense, and that the conviction is not a categorically excluded offense.
3. Complete Form CR-180. The Judicial Council's Petition for Dismissal (Form CR-180, revised January 2024) is available at no charge from the California Courts website. There is no filing fee.
4. File at the court of conviction. Submit CR-180 to the clerk of the superior court in the county where the conviction occurred. The clerk will review for completeness and notify the prosecuting agency.
5. Await the prosecutor's response. The district attorney has up to 30 days to respond or object.
6. Attend a hearing if scheduled. Most petitions are decided on the papers without a hearing. If the judge sets a hearing, appear on the date assigned. The overall timeline from filing to order is typically 30 to 90 days, though some counties take longer.
7. Receive the CR-181 order. If granted, the court issues Form CR-181 (Order for Dismissal). Keep certified copies; you may need them when responding to employer or licensing inquiries.

General legal information only. This page describes California conviction relief and arrest record sealing under California state law and is accurate as of May 29, 2026. It is not legal advice, does not create an attorney-client relationship, and does not predict outcomes in any individual case. California law is complex and changes frequently. Consult a licensed California attorney before making decisions about your criminal record.

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Sources

The statutes, forms, and guidance cited in this article are drawn from primary California government sources including California Legislative Information (leginfo.legislature.ca.gov), the California Department of Justice (oag.ca.gov), and the California Courts self-help center (selfhelp.courts.ca.gov). The full citation list appears below.

Related Articles

• Expungement Laws by State: national hub comparing dismissal, sealing, and expungement rules in all 50 states
• DUI Expungement by State: which states allow DUI convictions to be expunged or dismissed
• How to Check If Your Record Has Been Expunged: steps to verify your relief status after filing

Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.