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Criminal Record Expungement

CaliforniaCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in California.

Clean Slate State

California has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

$120Filing Fee
YesFee Waiver
YesClean Slate
Check Eligibility →

Legal Terminology in California

Expungement

dismissal

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in California.

Generally Eligible

Most misdemeanors
Most felonies that did not result in state prison
Wobblers (reduced to misdemeanors)

Generally Not Eligible

Serious Felonies (PC 1192.7)

  • Murder or voluntary manslaughter
  • Mayhem
  • Rape
  • Sodomy by force
  • Oral copulation by force
  • Lewd acts on a child under 14
  • Any felony punishable by death or life imprisonment
  • Any felony where defendant inflicted great bodily injury
  • Any felony where defendant used a firearm
  • Attempted murder
  • Assault with intent to commit rape or robbery
  • Assault with a deadly weapon on a peace officer
  • Arson
  • Exploding a destructive device with intent to commit murder
  • Kidnapping
  • Robbery
  • Carjacking
  • Burglary of an inhabited dwelling

Violent Felonies (PC 667.5)

  • Murder or voluntary manslaughter
  • Mayhem
  • Rape
  • Sodomy by force
  • Oral copulation by force
  • Lewd acts on a child
  • Any felony punishable by death or life imprisonment
  • Any felony in which defendant uses a firearm
  • Attempted murder
  • Kidnapping
  • Assault with intent to commit rape, robbery, etc.
  • Continuous sexual abuse of a child
  • Carjacking
  • Extortion
  • Threats to victims or witnesses

Sex Offenses Requiring Registration

  • Any offense requiring sex offender registration under PC 290
  • Child pornography offenses
  • Sexual abuse of children
  • Human trafficking for sex acts
  • Pimping a minor
  • Incest
  • Annoying or molesting a child

Other Permanently Ineligible

  • Offenses with 4+ priors for same offense
  • Offenses where victim was under 18
  • Crimes against children
  • Elder abuse (felony)
  • Domestic violence involving injury (some cases)

Waiting Periods

Completed probationImmediate
Early termination requestedAt least half of probation completed

Waiting periods typically start from completion of sentence, including probation.

The Process

1

Check if Clean Slate Already Cleared Your Record

California's Clean Slate law (AB 1076) may have automatically cleared eligible records.

2-4 weeks for record
2

Gather Your Case Documents

Collect all necessary information about your conviction.

1-3 hours
3

Complete the Petition Forms

Fill out the required court forms for dismissal.

1-2 hours
4

File Your Petition

Submit your completed forms to the court.

1 hour at courthouse
5

Serve the District Attorney

Provide a copy of your petition to the prosecutor's office.

Same day to 1 week
6

Attend Hearing (if required)

Some counties require a hearing; others grant relief without one.

15-45 minutes (if hearing required)
7

Receive Your Dismissal Order

Once granted, obtain your court order.

2-8 weeks after approval

Legal Resources

California Courts Self-Help Center

Official California courts guide to cleaning your criminal record, with forms and instructions.

Root & Rebound

Free legal assistance for people with criminal records, including record clearing.

Legal Services of Northern California

Free legal services for low-income individuals in Northern California.

Bet Tzedek Legal Services

Free legal services in Los Angeles including record clearing clinics.

Public Law Center

Free legal services in Orange County including expungement assistance.

California DOJ - Criminal Records

Request your California criminal record or apply for record review.

State Bar of California - Lawyer Referral

Find an attorney through the State Bar's lawyer referral service.

Legal Authority

PC 1203.4

Dismissal of accusation or information after probation

PC 1203.4a

Dismissal of accusation or information in certain felony cases

PC 1203.41

Dismissal of accusation or information for conviction resulting in state prison

PC 851.91-851.92

Arrest Record Sealing

AB 1076 (2019)

Clean Slate - Automatic Record Relief

AB 2498 (2022)

Clean Slate Expansion

Prop 64 / HS 11361.8

Adult Use of Marijuana Act - Resentencing

AB 1793

Cannabis Conviction Automatic Record Clearing

SB 731 (2022)

Criminal Records Relief

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.