How to File for Expungement in California
How to apply to clear a criminal record in California: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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; Judicial Council forms CR-180, CR-181, CR-409, CR-410, CR-400, CR-401, CR-430
| 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. |
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| 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). |
| 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. |
Where to get help in California
More California expungement & criminal records
- Getting a Copy of Your California Criminal Record
- Expunging or Sealing a Felony in California
- Clearing a DUI From Your Record in California
- Sealing or Expunging Juvenile Records in California
- All California expungement & criminal records rules
FAQ
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.
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).
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.