California Criminal Expungement Guide – Clear Your Record and Move Forward

If you have a criminal conviction in California, you may qualify for criminal expungement—a legal remedy under Penal Code § 1203.4. While it doesn’t erase your record entirely, expungement can significantly improve your opportunities in employment, housing, and licensing. This comprehensive guide explains the expungement process, eligibility requirements, benefits, limitations, recent legal updates, and includes an in-depth FAQ section.

What Is Criminal Expungement in California?

Expungement under Penal Code § 1203.4 allows a judge to:

1. Reopen the case
2. Withdraw a guilty or no-contest plea
3. Enter a “not guilty” plea
4. Dismiss the case
5. Annotate the record as “dismissed after conviction”

Although the conviction remains on your record, it is marked as dismissed. This is not a complete erasure but rather a form of relief from its consequences.

Legal Basis for Expungement & Related Statutes

Key statutes and legal decisions include:

PC § 1203.4 – Standard expungement for those who completed probation
PC § 1203.4a – Expungement when the case did not involve probation
PC § 17(b) – Allows reduction of certain felonies to misdemeanors before expungement
PC § 1203.41 – Expungement for realignment cases under AB 109

Important legal cases:

People v. Holman (2013) – Rehabilitation is central to expungement eligibility
People v. McLernon (2009) – Courts have discretion in granting relief
People v. Guillen (2013) – Clarified treatment of “wobbler” offenses (amenable to felony or misdemeanor status)

Eligibility Requirements

To qualify for a PC § 1203.4 expungement, you must generally:

Have completed all probation conditions (early termination may count)
Not be serving any sentence or on probation for any offense
Have no pending criminal charges
Not have served time in state prison (exceptions apply under Proposition 47/realignment)
Have paid all fines, restitution, and court-ordered fees
Not have disqualifying convictions—such as serious or violent felonies, certain sex offenses, or crimes requiring sex-offender registration

Benefits of Expungement

A granted expungement may allow you to:

Answer “no” to conviction questions on most private job applications
Improve housing prospects
Enhance chances for professional licensing
Potentially reduce immigration consequences (though legal advice is essential)
Rebuild your personal and professional reputation

Limitations of Expungement

Even with an expungement, you must be aware that:

You must disclose the conviction on state licensing applications or public office positions
Firearm rights are not restored by expungement
It remains a prior conviction for future sentencing
Jury service rights may not be restored
Federal background checks may still show the conviction
DMV records are unaffected and cannot be expunged (e.g., DUI stays on driving record)
In immigration contexts, expunged convictions may still be treated as convictions

Step‑by‑Step Expungement Process

Gather Case Information (conviction date, case number, probation status)
Complete Required Forms:

Petition for Dismissal (CR‑180)
Order for Dismissal (CR‑181)
Fee waiver if eligible

File With the Court in the jurisdiction of conviction—pay filing fee (typically $120–$400)
Serve the District Attorney
Provide Supporting Materials: proof of probation completion, character references, education/employment evidence
Attend a Hearing (if required)
Ensure Court Records Reflect Dismissal as “dismissed after conviction”

Recent Legal Update: SB 731 & Automatic Sealing

Senate Bill 731, effective July 1, 2023, significantly expanded California’s Clean Slate measures:

Automatic sealing of most non-violent, non-serious, and non-sexual felony convictions four years after case completion—even if prison time was served
Felony arrests with no charges are sealed automatically after three years
The DOJ reviews records monthly to apply automatic relief statewide
Exceptions include serious/violent felonies and sex-offender registrations; relief can be denied if public safety is at risk

Frequently Asked Questions (FAQ)

1. How long does expungement take in California?

Typically 2–6 months, depending on court volume and whether a hearing is needed.

2. How much does it cost?

Filing fees range from about $120–$400, depending on the county; fee waivers are available.

3. Does the conviction fully disappear?

No—it remains but is marked as dismissed, reducing stigma in many contexts.

4. Can a felony be expunged?

Yes, some felonies can be reduced and expunged, particularly under PC § 17(b) and Proposition 47 realignment.

5. Will it help with immigration?

It may reduce consequences, but you should consult an immigration attorney—expunged convictions are still often treated as convictions.

6. Do I need a lawyer?

Not required, but expert help can improve accuracy and success, especially with complex cases.

7. Does an expunged DUI get removed?

It can be dismissed, but it may still appear in DMV and federal background checks.

8. Does expungement restore gun rights?

No. SB 731 and expungement do not restore firearm rights.

9. Can employers still see it?

Some private employers may not see a dismissed conviction, but government agencies and licensing boards likely will.

10. When can I apply?

As soon as probation is complete—or sooner if early termination is granted.

Moving Forward

An expungement or automatic relief under SB 731 can significantly improve your chances in both personal and professional life. It’s not a full expungement, but it’s a powerful first step.

If you qualify, gathering your records and seeking expert assistance can help ensure your petition is successful, compliant, and timely.

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