How long you wait to clear a record in California
When you can ask to clear a record in California.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in California law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Dismissal after probation (Penal Code 1203.4)
- Waiting periods
- 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
California waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Clean Slate relief in California
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.
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).
Law: Cal. Penal Code §§ 851.93, 1203.425 (as amended by Stats. 2024, ch. 49, AB 168)
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
In nearby states
- Nevada: Misdemeanor (most): 1 year, counted from release from actual custody or end of a suspended sentence, whichever is later
- Utah: Arrest or charge, no conviction: At least 30 days must pass after the arrest or charge, and the case must have ended with no charges, a dismissal with prejudice, an acquittal, or an expired statute of limitations, counted from arrest or charge
- Oregon: Arrested or cited, no charges filed: You can file 60 days after the prosecutor decides not to file charges, counted from the date the prosecutor says the state will not prosecute
Your next steps in California
Get your court papers
The dates on your papers decide when the wait ends.
Look at the exclusions
Some offenses are never eligible, and a new case can restart or stop the clock.
Prepare your petition
After the wait, the next step is the petition. How to file.
Ask for free help
Ask for free help: Your county public defender's record-cleaning program (list on California Courts) and Clear My Record (Code for America).
Where to get free help in California
Questions about waiting periods in California
Which records can 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.
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.
Is there a Clean Slate law in California?
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.
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).