California Expungement Laws: How to Clear or Seal a Criminal Record
How to expunge or seal a criminal record in California: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.
Quick answers for California
- What relief the state offers
- The California courts state that true expungement does not exist in California, but there are several ways to clean a record: dismissal of a conviction (often called "expungement," under Penal Code § 1203.4 and related sections), reducing a felony "wobbler" to a misdemeanor or some… Cal. Penal Code §§ 1203.4, 1203.4a, 1203.41, 851.91, 17(b), 1170.18; California Courts Self-Help Guide
- Misdemeanor convictions
- A person can ask the court to dismiss a misdemeanor conviction if no new case is pending and the person is not on probation or parole in any case (a person still on probation must also ask for early termination). Cal. Penal Code §§ 1203.4, 1203.4a, 1203.3, 17(d); Judicial Council form CR-180
- Felony convictions
- A felony conviction can be dismissed if no new case is pending and the person is not on probation or parole. Cal. Penal Code §§ 1203.4, 1203.41, 1203.42, 1203.4b, 17(b), 1170.18
- Automatic (clean slate) relief
- Yes. The California Department of Justice may automatically dismiss eligible convictions under Penal Code § 1203.425 and automatically seal eligible arrests under § 851.93; Cal. Penal Code §§ 1203.425, 851.93; Cal. Health & Safety Code § 11361.8 (Prop. 64)
Last verified: 2026-10-27
Who qualifies
| What relief the state offers | The California courts state that true expungement does not exist in California, but there are several ways to clean a record: dismissal of a conviction (often called "expungement," under Penal Code § 1203.4 and related sections), reducing a felony "wobbler" to a misdemeanor or some misdemeanors to infractions, Proposition 47 reductions, sealing of arrests that did not lead to conviction, automatic relief by the Department of Justice, marijuana conviction relief under Proposition 64, sealing of juvenile records, a Certificate of Rehabilitation, and a governor's pardon. |
|---|---|
| Arrests and dismissed charges | A person may ask the court to seal arrest and court records under Penal Code § 851.91 if no charges were filed, charges were dismissed (including after diversion or deferred entry of judgment), or the person was found not guilty. Use Petition to Seal Arrest and Related Records (form CR-409); the judge uses form CR-410. The arrest may already have been sealed automatically by the Department of Justice under § 851.93. A person who was factually innocent can ask to have arrest records sealed and destroyed; if no charges were filed or charges were dismissed before trial, the Department of Justice form BCIA 8270 can be used. Separate sealing laws apply after diversion programs (§§ 851.87, 1001.9, 851.90). |
| Misdemeanor convictions | A person can ask the court to dismiss a misdemeanor conviction if no new case is pending and the person is not on probation or parole in any case (a person still on probation must also ask for early termination). If probation was granted and its terms were completed or probation was terminated early, the court must grant the dismissal; otherwise the court decides in the interests of justice. If probation was never granted, the person must wait at least one year from the conviction. Some misdemeanors listed in § 19.8(a) can also be reduced to infractions. |
| Felony convictions | A felony conviction can be dismissed if no new case is pending and the person is not on probation or parole. With a probation or county jail sentence, the court must grant dismissal if probation was completed (otherwise it is discretionary), and a "wobbler" can also be reduced to a misdemeanor. For a felony county jail sentence under § 1170(h)(5), the person may petition one year after completing the sentence if it included mandatory supervision, or two years after if it did not. Since January 1, 2023, a person who served a state prison sentence may petition two years after completing it, unless the conviction requires sex-offender registration. Fire camp participants may seek dismissal under § 1203.4b. Under Proposition 47, certain pre-November 2014 felony drug possession and theft convictions of $950 or less can be reduced to misdemeanors; the filing deadline was removed effective October 8, 2023. |
| Juvenile records | Some juvenile records are sealed automatically: the court must dismiss and seal a case dismissed after January 1, 2015 if the person successfully completed probation and was not found to have committed a serious offense listed in Welfare and Institutions Code § 707(b) at age 14 or older; records are also sealed after successful deferred entry of judgment or completion of certain diversion programs. Otherwise, a person can ask the court to seal records once the person is at least 18 or five years have passed since the case closed and the court finds rehabilitation; an adult conviction for a crime of moral turpitude bars sealing, and serious § 707(b) offenses have extra requirements. There is no cost to ask, and sealed juvenile records generally do not need to be reported on job or school applications. |
| Past marijuana convictions | Under Proposition 64, convictions before November 9, 2016 for marijuana possession, cultivation, possession for sale, or transport (Health and Safety Code §§ 11357-11360) may be redesignated as misdemeanors or infractions, or dismissed and sealed, and certain possession and transport records may be destroyed. Courts are required to clean up many of these records automatically without a petition. If the court has not done so, a person can file a Petition/Application (form CR-400) and Proof of Service (form CR-401). |
How to apply
| How to apply | For dismissal, file a Petition for Dismissal (form CR-180) in the superior court where the conviction occurred and submit the proposed order (form CR-181) for the judge to sign; supporting documents can be attached to show why relief is in the interests of justice. To seal an arrest, file form CR-409 (order form CR-410). For fire camp relief use form CR-430 with CR-431 and CR-432. For Proposition 64 relief use form CR-400 with proof of service CR-401. There is no statewide form for Proposition 47 requests or for early termination of probation; a person may write a request or use a local form. |
|---|---|
| Automatic (clean slate) relief | Yes. The California Department of Justice may automatically dismiss eligible convictions under Penal Code § 1203.425 and automatically seal eligible arrests under § 851.93; people can check their Record of Arrest and Prosecution (RAP) sheet to see whether this has happened. Courts are also required to clean up many pre-November 2016 marijuana convictions automatically. Some juvenile records are sealed automatically when the case is dismissed after successful probation. The self-help pages do not list which convictions qualify for automatic relief; filing a court petition may still offer additional benefits. |
| Getting a copy of your criminal record | The California Department of Justice, Bureau of Criminal Identification and Analysis, provides copies of your own state criminal record. California residents complete Live Scan form BCIA 8016RR (type of application: "Record Review") and are fingerprinted at a Live Scan site; DOJ charges a $25 processing fee (plus the site's rolling fee), and a fee waiver can be requested. Out-of-state residents mail form BCIA 8705 with an FD-258 fingerprint card and payment payable to "California Department of Justice" to DOJ, Record Review & Challenge Section, P.O. Box 160207, Sacramento, CA 95816-0207. Errors can be disputed with form BCIA 8706 (Claim of Alleged Inaccuracy or Incompleteness). Records obtained for personal review cannot be used for visa/immigration purposes. |
After your record is cleared
| What clearing a record does | When a conviction is dismissed, the person is released from most penalties and disabilities of the offense, but the conviction can still be used if the person is prosecuted for a later offense. The person must still disclose the conviction when directly asked on applications for public office, for state or local licensing, or for contracting with the State Lottery Commission. Dismissal does not restore firearm rights if they are barred by law, does not let a person hold a public office barred by the conviction, does not automatically end sex-offender registration, and does not end unexpired criminal protective orders. After arrest sealing, the records are no longer public, but government agencies such as law enforcement can still see them. The courts advise non-citizens to learn about immigration effects before filing. |
|---|---|
| Pardons | The governor may pardon a person convicted in a California state court; a person with more than one felony conviction cannot be pardoned without the California Supreme Court's approval. A pardon can restore some rights (for example, jury service, and in limited cases firearm rights) and may help with professional licensing, but it does not erase or seal the record, does not let a person say he or she has no record, and does not stop the conviction from counting as a prior. A person may apply directly to the governor or, if eligible, obtain a Certificate of Rehabilitation from the superior court, which is forwarded to the governor as an application for a pardon. |
Where to get help in California
Expungement & Criminal Records FAQ
Can you get a criminal record expunged in California?
The California courts state that true expungement does not exist in California, but there are several ways to clean a record: dismissal of a conviction (often called "expungement," under Penal Code § 1203.4 and related sections), reducing a felony "wobbler" to a misdemeanor or some misdemeanors to infractions, Proposition 47 reductions, sealing of arrests that did not lead to conviction, automatic relief by the Department of Justice, marijuana conviction relief under Proposition 64, sealing of juvenile records, a Certificate of Rehabilitation, and a governor's pardon.
Can you clear an arrest or dismissed charge in California?
A person may ask the court to seal arrest and court records under Penal Code § 851.91 if no charges were filed, charges were dismissed (including after diversion or deferred entry of judgment), or the person was found not guilty. Use Petition to Seal Arrest and Related Records (form CR-409); the judge uses form CR-410. The arrest may already have been sealed automatically by the Department of Justice under § 851.93. A person who was factually innocent can ask to have arrest records sealed and destroyed; if no charges were filed or charges were dismissed before trial, the Department of Justice form BCIA 8270 can be used. Separate sealing laws apply after diversion programs (§§ 851.87, 1001.9, 851.90).
Can a misdemeanor be expunged in California?
A person can ask the court to dismiss a misdemeanor conviction if no new case is pending and the person is not on probation or parole in any case (a person still on probation must also ask for early termination). If probation was granted and its terms were completed or probation was terminated early, the court must grant the dismissal; otherwise the court decides in the interests of justice. If probation was never granted, the person must wait at least one year from the conviction. Some misdemeanors listed in § 19.8(a) can also be reduced to infractions.
Can a felony be expunged in California?
A felony conviction can be dismissed if no new case is pending and the person is not on probation or parole. With a probation or county jail sentence, the court must grant dismissal if probation was completed (otherwise it is discretionary), and a "wobbler" can also be reduced to a misdemeanor. For a felony county jail sentence under § 1170(h)(5), the person may petition one year after completing the sentence if it included mandatory supervision, or two years after if it did not. Since January 1, 2023, a person who served a state prison sentence may petition two years after completing it, unless the conviction requires sex-offender registration. Fire camp participants may seek dismissal under § 1203.4b. Under Proposition 47, certain pre-November 2014 felony drug possession and theft convictions of $950 or less can be reduced to misdemeanors; the filing deadline was removed effective October 8, 2023.
Does California have automatic record clearing (clean slate)?
Yes. The California Department of Justice may automatically dismiss eligible convictions under Penal Code § 1203.425 and automatically seal eligible arrests under § 851.93; people can check their Record of Arrest and Prosecution (RAP) sheet to see whether this has happened. Courts are also required to clean up many pre-November 2016 marijuana convictions automatically. Some juvenile records are sealed automatically when the case is dismissed after successful probation.
How do you seal a juvenile record in California?
Some juvenile records are sealed automatically: the court must dismiss and seal a case dismissed after January 1, 2015 if the person successfully completed probation and was not found to have committed a serious offense listed in Welfare and Institutions Code § 707(b) at age 14 or older; records are also sealed after successful deferred entry of judgment or completion of certain diversion programs. Otherwise, a person can ask the court to seal records once the person is at least 18 or five years have passed since the case closed and the court finds rehabilitation; an adult conviction for a crime of moral turpitude bars sealing, and serious § 707(b) offenses have extra requirements. There is no cost to ask, and sealed juvenile records generally do not need to be reported on job or school applications.
How do you file for expungement in California?
For dismissal, file a Petition for Dismissal (form CR-180) in the superior court where the conviction occurred and submit the proposed order (form CR-181) for the judge to sign; supporting documents can be attached to show why relief is in the interests of justice. To seal an arrest, file form CR-409 (order form CR-410). For fire camp relief use form CR-430 with CR-431 and CR-432. For Proposition 64 relief use form CR-400 with proof of service CR-401. There is no statewide form for Proposition 47 requests or for early termination of probation; a person may write a request or use a local form.
What happens after a record is expunged or sealed in California?
When a conviction is dismissed, the person is released from most penalties and disabilities of the offense, but the conviction can still be used if the person is prosecuted for a later offense. The person must still disclose the conviction when directly asked on applications for public office, for state or local licensing, or for contracting with the State Lottery Commission. Dismissal does not restore firearm rights if they are barred by law, does not let a person hold a public office barred by the conviction, does not automatically end sex-offender registration, and does not end unexpired criminal protective orders. After arrest sealing, the records are no longer public, but government agencies such as law enforcement can still see them. The courts advise non-citizens to learn about immigration effects before filing.
How do you get a pardon in California?
The governor may pardon a person convicted in a California state court; a person with more than one felony conviction cannot be pardoned without the California Supreme Court's approval. A pardon can restore some rights (for example, jury service, and in limited cases firearm rights) and may help with professional licensing, but it does not erase or seal the record, does not let a person say he or she has no record, and does not stop the conviction from counting as a prior. A person may apply directly to the governor or, if eligible, obtain a Certificate of Rehabilitation from the superior court, which is forwarded to the governor as an application for a pardon.
Can old marijuana convictions be cleared in California?
Under Proposition 64, convictions before November 9, 2016 for marijuana possession, cultivation, possession for sale, or transport (Health and Safety Code §§ 11357-11360) may be redesignated as misdemeanors or infractions, or dismissed and sealed, and certain possession and transport records may be destroyed. Courts are required to clean up many of these records automatically without a petition. If the court has not done so, a person can file a Petition/Application (form CR-400) and Proof of Service (form CR-401).
How do I check my own criminal record in California?
The California Department of Justice, Bureau of Criminal Identification and Analysis, provides copies of your own state criminal record. California residents complete Live Scan form BCIA 8016RR (type of application: "Record Review") and are fingerprinted at a Live Scan site; DOJ charges a $25 processing fee (plus the site's rolling fee), and a fee waiver can be requested. Out-of-state residents mail form BCIA 8705 with an FD-258 fingerprint card and payment payable to "California Department of Justice" to DOJ, Record Review & Challenge Section, P.O. Box 160207, Sacramento, CA 95816-0207. Errors can be disputed with form BCIA 8706 (Claim of Alleged Inaccuracy or Incompleteness). Records obtained for personal review cannot be used for visa/immigration purposes.
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