How to file to clear a record in California

The steps, cost, fee waiver and forms to clear a record in California.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Dismissal after probation (Penal Code 1203.4)
Cost
No filing fee
Forms
8

Where and 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

Checklist: what to gather before you file

Records that are not eligible in California

  • Dismissal after probation (Penal Code 1203.4): 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
  • Dismissal of misdemeanor or infraction without probation (Penal Code 1203.4a): Misdemeanor Pen. Code 288(c); misdemeanors under Vehicle Code 42002.1; infractions under Vehicle Code 42001
  • Dismissal of felony county jail or state prison sentence (Penal Code 1203.41, 1203.42): 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
  • Sealing of an arrest that did not lead to conviction (Penal Code 851.91): Murder or other offenses with no statute of limitations (unless acquitted or found factually innocent); cases where you intentionally evaded prosecution
  • Certificate of Rehabilitation and Pardon (Penal Code 4852.01): 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 § 1203.4; Cal. Penal Code § 1203.4a; Cal. Penal Code §§ 1203.41, 1203.42; Cal. Penal Code §§ 851.91, 851.92; Cal. Penal Code §§ 4852.01, 4852.03

What you can say afterwards

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

In nearby states

  • Nevada: Court filing fees vary by court: e.g. $74 in Las Vegas, Henderson and North Las Vegas Justice Courts, $270 in the Eighth Judicial District Court; $71 in Sparks Justice Court (Washoe County).
  • Utah: BCI application fee $65 (non-refundable). No BCI certificate issuance fee for dismissals, acquittals or declined cases (except dismissals after a plea in abeyance or diversion).
  • Oregon: No court filing fee. No OSP fee for non-conviction records.

Steps to file in California

  1. Gather your papers

    Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.

  2. Use the court's forms

    Use the official forms and instructions: California Courts Self-Help: Clean your record and Record cleaning: Felony convictions and Proposition 47.

  3. Turn in the petition

    File the petition with the clerk and follow the court's rules for notice to the prosecutor.

Where to get free help in California

Questions about filing in California

What is the waiting period 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.

How much does it cost to clear a record in California?

Certificate of Rehabilitation and Pardon: No filing fee.

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.

Is there free help to clear a record in California?

Your county public defender's record-cleaning program (list on California Courts) and Clear My Record (Code for America).

Keep reading about California