Expunging a Criminal Record in California: Who Qualifies & How to Start

May 28, 2025

If you’ve ever been convicted of a crime in California, you know that even one mistake can follow you for years. Background checks can make it harder to land a job, secure housing, or pursue education. But here’s the good news: California law provides a second chance for many individuals through expungement. 

This guide breaks down everything you need to know—who qualifies for expungement, how the process works, and what steps you can take today to reclaim your future. Whether you’re looking to improve employment opportunities or just leave your past behind, this article is your go-to resource. 

What is Expungement in California?

Understanding Penal Code § 1203.4

In California, expungement refers to the legal process of petitioning the court to dismiss a criminal conviction from your record. Under Penal Code § 1203.4, eligible individuals can request that their guilty plea or verdict be withdrawn, and the case dismissed in the interest of justice. 

After expungement, your record won’t be erased—but it will show as “dismissed,” which significantly improves how it appears on background checks. 

What Expungement Can and Can’t Do

Expungement Can: 

• Help you pass most employment background checks. 
• Legally allow you to state you were not convicted (in most situations). 
• Restore your reputation and improve peace of mind. 

Expungement Cannot: 

• Seal or erase your record entirely. 
• Restore firearm rights. 
• Prevent immigration consequences (in some cases). 
• Remove your obligation to register as a sex offender, if applicable. 

Who Qualifies for Expungement in California?

Basic Eligibility Requirements

To qualify for expungement in California: 

• You must have completed probation (formal or informal). 
• You must not be currently facing criminal charges. 
• Your sentence must not have included state prison time, unless served in a county jail under Realignment (AB 109). 

Qualifying Convictions

You may be eligible if you were convicted of: 

• Most misdemeanors. 
• Certain non-violent felonies, particularly if reduced to misdemeanors under Penal Code § 17(b). 
• Infractions and some DUI charges, depending on the circumstances. 

Who Is Not Eligible?

Unfortunately, not everyone can apply: 

• Crimes requiring lifetime sex offender registration under PC 290. 
• Serious violent felonies like murder, rape, or child molestation. 
• Individuals currently serving time or facing new charges. 

Real-World Tip: 

Some felony convictions may be reduced to misdemeanors first using PC 17(b)—which then makes them eligible for expungement. This is a powerful legal tool that an attorney can help you use. If you are stuck in a legality, then contacting an experienced criminal defense attorney like Thomas Greenberg can be helpful.  

How the Expungement Process Works

Expungement isn’t just a simple form you fill out—it’s a legal process that involves paperwork, deadlines, and sometimes court appearances. Understanding each step in detail can help you avoid delays and increase your chances of success. Here’s how the expungement process unfolds in California: 

Determine Your Eligibility

Before you file anything with the court, you’ll need to determine if you qualify for expungement under California Penal Code § 1203.4. 

You may be eligible if: 

• You successfully completed probation (formal or informal). 
• You’re not currently facing criminal charges or serving a sentence. 
• Your conviction was for a misdemeanor or eligible felony that didn’t involve state prison (unless served in county jail under realignment). 

You may be ineligible if: 

• You were convicted of certain sex offenses (especially those requiring registration under PC 290). 
• Your conviction resulted in a state prison sentence not subject to AB 109 realignment. 

If you’re unsure whether you qualify, consult a California expungement attorney or contact your county’s public defender’s office. Eligibility can hinge on small details, like whether your probation was informal or if you had prior violations. 

Collect Your Court Documents

Once you’ve confirmed you’re eligible, you’ll need to gather important documents related to your case. This step is essential for filling out your expungement petition accurately. 

Key documents to collect: 

• Case number 
• Conviction date 
• Exact charges you were convicted of 
• Sentence details (including whether you served probation or jail time) 

Where to get your records: 

• Your local Superior Court Clerk’s Office 
• Online case search portals (varies by county) 
• California DOJ Criminal Record (via Live Scan if needed) 

Even if your conviction is over a decade old, you still need the paperwork. Inaccurate or incomplete information is one of the most common reasons petitions get rejected. 

Complete the Required Forms

California courts require you to submit specific legal documents when requesting an expungement. 

The two most common forms are: 

• Form CR-180 – Petition for Dismissal
  This is your formal request for the court to set aside your conviction. 
• Form CR-181 – Order for Dismissal
  This is the form the judge signs to grant (or deny) your petition. 

You may also need to submit: 

• A Declaration in Support of Petition (especially if there were probation violations or other complications) 
• Proof of rehabilitation (letters of recommendation, proof of employment, community service, etc.) 

Note that formatting matters. Courts may reject petitions that are messy, incorrectly filled out, or missing signatures. If you’re unsure, ask a legal professional to review your paperwork. 

File with the Court

Once your forms are completed, you’ll need to file them with the Superior Court in the county where your conviction occurred. 

Steps to file: 

• Make multiple copies of your completed forms. 
• File in person, by mail, or electronically (varies by county). 
• Pay the filing fee, typically between $60 and $150. 

Can’t afford the fee? Submit a Request to Waive Court Fees (Form FW-001). The court may waive fees if you meet low-income qualifications. 

Timeline Tip:
Some counties process petitions faster than others. Los Angeles and San Diego counties, for instance, may take longer due to backlog. Working with an attorney can help streamline filing and speed up approval. 

Attend a Court Hearing (If required)

In many straightforward cases, your petition will be decided without a hearing. However, a court appearance may be required if: 

• The prosecution opposes your petition. 
• You had probation violations. 
• You’re requesting relief for multiple or serious offenses. 

If a hearing is set, you’ll receive a Notice of Hearing by mail. At the hearing, the judge may ask: 

• Why are you seeking expungement. 
• What efforts have you made toward rehabilitation. 
• If you’ve committed any other offenses since your conviction. 

Legal Tip:
Showing up prepared—with letters of support, proof of employment, or a personal statement—can influence the judge’s decision. 

Receive the Court’s Decision

After reviewing your petition, the judge will either: 

• Grant your expungement: Your conviction is dismissed under PC 1203.4. 
• Deny your petition: You may reapply later or appeal the decision if appropriate. 

If granted, your criminal record will show that the conviction was “dismissed in the interest of justice,” and you can legally answer “No” when asked about that conviction in most private job applications. 

Important Notes: 

• Your record is not erased, but the dismissal makes a major difference on background checks. 
• Government agencies and law enforcement will still have access to your original record. 

What Happens Next?

Once your expungement is approved: 

• Update your background checks: Most databases update within 30–60 days. 
• Notify employers, licensing boards, or educational institutions if you were previously denied due to your conviction. 
• Apply for jobs confidently: In most cases, you’re no longer legally required to disclose the dismissed conviction. 

Processing Time to Expunge Your Criminal Record in California 

Expungement typically takes 1 to 4 months, depending on the county and court backlog. Some counties offer expedited processing with attorney representation. 

Alternative Relief Options to Know About

Certificate of Rehabilitation

Ideal for individuals who’ve: 

• Completed felony sentences not eligible for expungement are eligible for certificate of rehabilitation.  
• Lived crime-free for at least 7–10 years. 

Benefits: 

• Can restore some civil rights. 
• Often a step toward a Governor’s Pardon. 

Governor’s Pardon

This is the highest form of relief and typically follows a Certificate of Rehabilitation. It may: 

• Restore firearm rights. 
• Help with immigration consequences. 
• Show extraordinary rehabilitation. 

Sealing Records (Not Expungement)

For arrests that didn’t lead to convictions, SB 731 and AB 1076 now allow many of these records to be automatically sealed, especially as of July 2023. 

You can read more here: California DOJ’s Record Sealing Info  

Why Work with a California Expungement Attorney?

Avoid Mistakes in Filing

Many petitions get denied because of incomplete forms, missed deadlines, or filing in the wrong court. Attorneys ensure every document is accurate. 

Navigate Complex Cases

If your case involves multiple convictions, probation violations, or unclear eligibility, a skilled lawyer can guide you through alternate options (like reduction under PC 17(b)). 

Speed Up Results

Attorneys are familiar with local court systems, judges, and clerks, helping you get faster results and a smoother process. 

A criminal conviction doesn’t have to define the rest of your life. If you’ve completed your sentence and moved forward, the law gives you a chance to leave the past behind—and start fresh. 

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