Expunging or Sealing a Felony 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.

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.

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.