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How do I expunge a criminal record in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California provides several record-clearing remedies under the Penal Code, plus automatic relief under SB 731.

1. Penal Code § 1203.4 — Probation Expungement

  • Available if you completed probation, paid all fines/restitution, and have no pending charges (Pen. Code § 1203.4).
  • Court withdraws the guilty plea/verdict and dismisses the case.
  • Conviction can still be used for sentencing enhancements and disclosed to law enforcement.

    • 2. SB 731 — Automatic Clean Slate (2023)

  • Automatically seals most misdemeanor and many felony convictions for which the defendant completed sentence on or after January 1, 2005, and remained conviction-free for the required waiting period.
  • DOJ seals records administratively — no petition required.
  • Excludes serious/violent felonies (Pen. Code § 1192.7, § 667.5(c)) and PC 290 sex offender registrants.

    • 3. Waiting Periods

  • Misdemeanors: typically immediately after probation/sentence completion.
  • Felonies: 4 years conviction-free after completion of sentence (longer for some).

    • 4. Eligibility Restrictions

  • Excluded: most sex offenses requiring § 290 registration; certain DUI vehicle code offenses; serious/violent felonies under Three Strikes.
  • Prison priors: Pen. Code § 1203.41 / § 1203.42 allow felony relief for those who served realignment terms.

    • 5. How to Petition

  • File Form CR-180 (Petition for Dismissal) in the convicting court.
  • $120 filing fee (waivable). DA may object within 15 days. Hearing typically set within 30-60 days.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your conviction is a felony or borderline-eligible offense
    • DA opposes the petition or you have multiple convictions
    • You need certificate of rehabilitation or governor's pardon
    Related Statutes & Laws
    • Cal. Pen. Code § 1203.4
    • Cal. Pen. Code § 1203.41
    • Cal. Pen. Code § 1203.42
    • Cal. Pen. Code § 851.93
    • SB 731 (2022)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.