Clearing a criminal record in California
In California it is called dismissal: California does not truly erase records. Some misdemeanor and felony convictions may be cleared, and California also clears some records automatically (Automatic record relief).
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in California?
Dismissal (often called expungement), arrest record sealing, automatic record relief — California does not truly erase records. A dismissal under Penal Code 1203.4 withdraws your plea or sets aside the verdict and dismisses the case, but the conviction can still be used if you are charged again, and law enforcement and some licensing agencies can still see it. Sealing an arrest hides it from the public, but government agencies like law enforcement can still see it.
California has 5 ways to clear a record. Each covers different records and has its own waiting period.
Dismissal after probation (Penal Code 1203.4)
Felony or misdemeanor convictions where you were granted probation
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or felony with probation | No waiting period You can ask once your probation is over or ended early, if you are not serving a sentence, on probation, or charged with a new crime. If you finished probation successfully, the court must grant it; if not, the judge decides in the interests of justice. | End of probation (or early termination of probation) |
- Not eligible
- Certain sex offenses against children, child pornography offenses, felony 261.5(d), misdemeanors under Vehicle Code 42002.1, infractions; Vehicle Code 12810(a)-(e) violations only at the judge's discretion
Law: Cal. Penal Code § 1203.4; Pen. Code 286(c), 287(c), 288, 288.5, 289(j); 311.1, 311.2, 311.3, 311.11
Source: Official text
Dismissal of misdemeanor or infraction without probation (Penal Code 1203.4a)
Misdemeanor and infraction convictions where you were not given probation
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or infraction, no probation | 1 year You can ask one year after judgment if you completed your sentence, are not serving a sentence and have no pending charges. | Date of judgment (sentencing) |
- Not eligible
- Misdemeanor Pen. Code 288(c); misdemeanors under Vehicle Code 42002.1; infractions under Vehicle Code 42001
Law: Cal. Penal Code § 1203.4a
Source: Official text
Dismissal of felony county jail or state prison sentence (Penal Code 1203.41, 1203.42)
Felony convictions with a county jail sentence under Penal Code 1170(h), and (since January 1, 2023) state prison sentences
| Kind of case | Waiting period | Counted from |
|---|---|---|
Felony county jail sentence with mandatory supervision | 1 year You can ask one year after you finish the sentence. | Completion of the sentence |
Felony county jail sentence without mandatory supervision | 2 years You can ask two years after you finish the sentence. | Completion of the sentence |
Felony state prison sentence | 2 years You can ask two years after you finish the prison sentence, if you are not on parole or supervision. | Completion of the prison sentence |
- Not eligible
- State prison convictions that require sex offender registration; you must not be on parole or supervision, serving a sentence, on probation, or charged with a crime
Law: Cal. Penal Code §§ 1203.41, 1203.42
Source: Official text
Sealing of an arrest that did not lead to conviction (Penal Code 851.91)
Arrests with no charges, dismissed charges, acquittals, and convictions vacated or reversed on appeal; separate sealing rules apply after diversion
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, no conviction | See the rule You can ask once you can no longer be charged for the arrest. | When you can no longer be charged (charges dismissed and cannot be refiled, acquittal, or statute of limitations has run) |
- Not eligible
- Murder or other offenses with no statute of limitations (unless acquitted or found factually innocent); cases where you intentionally evaded prosecution
Law: Cal. Penal Code §§ 851.91, 851.92; 851.87, 851.90, 1001.9
Source: Official text
Certificate of Rehabilitation and Pardon (Penal Code 4852.01)
Felony convictions; it does not erase the record but works as an application for a governor's pardon
| Kind of case | Waiting period | Counted from |
|---|---|---|
Most felonies | 7 years Five years of living in California plus two more years (seven in total). | Release from custody, or release on parole, probation or supervision, whichever is sooner |
Offenses requiring sex offender registration | 10 years Five years of living in California plus five more years. | Release from custody, or release on parole, probation or supervision, whichever is sooner |
Murder, kidnapping and other offenses with a life sentence | 9 years Five years of living in California plus four more years. | Release from custody, or release on parole, probation or supervision, whichever is sooner |
- Not eligible
- People on mandatory life parole, under a death sentence, in military service, or convicted of Pen. Code 269, 286(c), 287(c), 288, 288.5, 288.7, 289(j)
Law: Cal. Penal Code §§ 4852.01, 4852.03
Source: Official text
When can I file? Waiting periods in California
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in California
Dismissal after probation (Penal Code 1203.4)
File Petition for Dismissal (CR-180) and proposed order (CR-181) with the superior court where you were convicted. The prosecutor must get 15 days' notice. Unpaid restitution cannot be the reason for denial. If you are still on probation, also ask for early termination under Penal Code 1203.3.
Dismissal of misdemeanor or infraction without probation (Penal Code 1203.4a)
Same forms as above (CR-180 and CR-181), filed with the court where you were convicted. A felony that is a 'wobbler' can also be reduced to a misdemeanor, and some misdemeanors to infractions (17(d)(2)), on the same form.
Law: Pen. Code 17(b)
Law: Pen. Code 17(b)
Dismissal of felony county jail or state prison sentence (Penal Code 1203.41, 1203.42)
File CR-180 and CR-181 with the court where you were convicted. The judge decides whether dismissal is in the interests of justice.
Sealing of an arrest that did not lead to conviction (Penal Code 851.91)
File Petition to Seal Arrest and Related Records (CR-409) in the court where the case was filed (or a criminal court in the city or county of arrest), at least 15 days before the hearing, and serve the prosecutor. If granted, the judge signs CR-410.
Certificate of Rehabilitation and Pardon (Penal Code 4852.01)
File the petition in the superior court of the county where you live or were convicted, give the District Attorney at least 30 days' notice of the hearing, and attend the hearing. If granted, it goes to the Governor as a pardon application.
- Cost
- No filing fee
Court self-help
Free help in California
- Your county public defender's record-cleaning program (list on California Courts)
- Clear My Record (Code for America)
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (California Department of Justice, Bureau of Criminal Identification and Analysis (Record Review)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for California.
Clearing a record in California by topic
Dismissal after probation (Penal Code 1203.4) in California
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in California
How long you wait for each kind of case, and a date helper.
How to file in California
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in California
- Law
- Automatic record relief
- What is cleared
- Each month the California DOJ marks eligible records 'relief granted' without a petition, for arrests and convictions on or after January 1, 1973. Arrests: misdemeanor arrests that were dismissed, or with no charges and no conviction after 1 year; felony arrests with no charges and no conviction after 3 years (6 years if the offense is punishable by 8 or more years); and arrests where you completed diversion or deferred entry of judgment. Convictions: any conviction where you completed probation without revocation; misdemeanors and infractions without probation once the sentence is done and 1 year has passed since judgment; and, since October 1, 2024, felony convictions (including prison sentences) 4 years after you finish all incarceration, probation and supervision with no new felony. You must not be on supervision, serving a sentence, facing charges, or required to register as a sex offender; serious and violent felonies are excluded from the 4-year felony rule. The prosecutor or probation can ask the court to block relief for public safety. The record is not deleted: it is withheld from most employers, and courts may not disclose it.
- Started
- July 1, 2022 for most arrests (misdemeanor and some felony arrests) and for convictions with completed probation or minor misdemeanors/infractions; October 1, 2024 for other felony arrests and for felony convictions without probation, including prison (AB 168 of 2024).
- Check your record
- Official status page
Law: Cal. Penal Code §§ 851.93, 1203.425 (as amended by Stats. 2024, ch. 49, AB 168)
Marijuana records in California
Under Proposition 64 (2016) you can ask the court to dismiss, reduce or seal many marijuana convictions from before November 9, 2016. The DOJ also had to identify eligible past convictions so courts could clear them automatically. Check with the court or your RAP sheet.
Law: Health & Safety Code 11361.8, using form CR-400; Health & Safety Code 11361.9
Juvenile records in California
Some juvenile records are sealed automatically when the court dismisses a case after you complete probation. Otherwise you can ask the court to seal them once you are 18 or 5 years after the case ended; there is no cost. A 2024 law adds automatic sealing of juvenile arrests that did not lead to a sustained charge (misdemeanor arrests after 1 year, most felony arrests after 3 years), set to start July 1, 2027 if funded.
Law: Welf. & Inst. Code 786; Welf. & Inst. Code 781; Welf. & Inst. Code 781.2, AB 1877
Pardons in California
- Who decides
- Governor of California (with California Supreme Court approval if you have more than one felony)
- How
- Get a Certificate of Rehabilitation or apply directly to the Governor's Office and notify the District Attorney. A pardon does not erase or seal the record.
Law: Cal. Const. art. V, § 8; Cal. Penal Code § 4852.01 et seq
After your record is cleared in California
After a dismissal or automatic relief, most employers may not ask about or consider the conviction. You must still disclose it if asked on applications for public office, state or local licenses, peace officer jobs, or California State Lottery contracts. It can still count as a prior if you are charged again, and it does not restore gun rights.
Law: Labor Code 432.7; Penal Code 1203.4, 1203.425
Get your own record in California
California Department of Justice, Bureau of Criminal Identification and Analysis (Record Review) · (916) 227-3849
Get Live Scan fingerprints using form BCIA 8016RR (choose 'Record Review'); the DOJ fee is $25 plus the Live Scan site's rolling fee. A fee waiver is available. Out-of-state applicants mail a fingerprint card with form BCIA 8705.
Letter: ask the state records office for a copy of your record
Good to know in California
- The Proposition 47 deadline was removed effective October 8, 2023, so you can still ask to reduce eligible pre-2014 drug possession and theft felonies to misdemeanors.
Source: California Courts self-help
- Since January 1, 2023, people who served state prison sentences can ask for dismissal two years after finishing the sentence, unless the conviction requires sex offender registration.
Law: Penal Code 1203.41
- An unpaid restitution order or fine cannot be the reason a dismissal is denied.
Law: Penal Code 1203.4(c)(3), 1203.4a(e)
Changes in 2024–2026
AB 168 made the expanded automatic relief law operative October 1, 2024: felony convictions without probation (including prison) 4 years after completing the sentence, and more felony arrests. AB 2917 amended Penal Code 851.92 (arrest sealing effects) effective January 1, 2025. AB 1877 (2024) created automatic sealing of juvenile arrests, conditionally starting July 1, 2027. SB 245 amended the fire camp dismissal law effective January 1, 2026.
Law: Stats. 2024, ch. 49; Welf. & Inst. Code 781.2; Penal Code 1203.4b
Questions about clearing a record in California
What is clearing a record called in California?
Dismissal (often called expungement), arrest record sealing, automatic record relief. California does not truly erase records. A dismissal under Penal Code 1203.4 withdraws your plea or sets aside the verdict and dismisses the case, but the conviction can still be used if you are charged again, and law enforcement and some licensing agencies can still see it. Sealing an arrest hides it from the public, but government agencies like law enforcement can still see it.
Can convictions be cleared in California?
Dismissal after probation: Felony or misdemeanor convictions where you were granted probation. Dismissal of misdemeanor or infraction without probation: Misdemeanor and infraction convictions where you were not given probation. Dismissal of felony county jail or state prison sentence: Felony convictions with a county jail sentence under Penal Code 1170(h), and (since January 1, 2023) state prison sentences. Sealing of an arrest that did not lead to conviction: Arrests with no charges, dismissed charges, acquittals, and convictions vacated or reversed on appeal; separate sealing rules apply after diversion. Certificate of Rehabilitation and Pardon: Felony convictions; it does not erase the record but works as an application for a governor's pardon.
How long do I have to wait in California?
Misdemeanor or felony with probation: No waiting period, counted from end of probation (or early termination of probation); Misdemeanor or infraction, no probation: 1 year, counted from date of judgment (sentencing); Felony county jail sentence with mandatory supervision: 1 year, counted from completion of the sentence; Felony county jail sentence without mandatory supervision: 2 years, counted from completion of the sentence.
Does California clear records automatically?
Each month the California DOJ marks eligible records 'relief granted' without a petition, for arrests and convictions on or after January 1, 1973. Arrests: misdemeanor arrests that were dismissed, or with no charges and no conviction after 1 year; felony arrests with no charges and no conviction after 3 years (6 years if the offense is punishable by 8 or more years); and arrests where you completed diversion or deferred entry of judgment. Convictions: any conviction where you completed probation without revocation; misdemeanors and infractions without probation once the sentence is done and 1 year has passed since judgment; and, since October 1, 2024, felony convictions (including prison sentences) 4 years after you finish all incarceration, probation and supervision with no new felony. You must not be on supervision, serving a sentence, facing charges, or required to register as a sex offender; serious and violent felonies are excluded from the 4-year felony rule. The prosecutor or probation can ask the court to block relief for public safety. The record is not deleted: it is withheld from most employers, and courts may not disclose it.
How much does it cost to clear a record in California?
Certificate of Rehabilitation and Pardon: No filing fee.
Can a marijuana record be cleared in California?
Under Proposition 64 (2016) you can ask the court to dismiss, reduce or seal many marijuana convictions from before November 9, 2016. The DOJ also had to identify eligible past convictions so courts could clear them automatically. Check with the court or your RAP sheet.
Can juvenile records be cleared in California?
Some juvenile records are sealed automatically when the court dismisses a case after you complete probation. Otherwise you can ask the court to seal them once you are 18 or 5 years after the case ended; there is no cost. A 2024 law adds automatic sealing of juvenile arrests that did not lead to a sustained charge (misdemeanor arrests after 1 year, most felony arrests after 3 years), set to start July 1, 2027 if funded.
What can I say after my record is cleared in California?
After a dismissal or automatic relief, most employers may not ask about or consider the conviction. You must still disclose it if asked on applications for public office, state or local licenses, peace officer jobs, or California State Lottery contracts. It can still count as a prior if you are charged again, and it does not restore gun rights.
How do I get a copy of my criminal record in California?
Get Live Scan fingerprints using form BCIA 8016RR (choose 'Record Review'); the DOJ fee is $25 plus the Live Scan site's rolling fee. A fee waiver is available. Out-of-state applicants mail a fingerprint card with form BCIA 8705.
Where can I get free help in California?
Your county public defender's record-cleaning program (list on California Courts) and Clear My Record (Code for America).