An expungement (under California Penal Code § 1203.4) allows you to withdraw a plea of guilty or no contest, to re-enter a plea of not guilty, and to have the criminal case dismissed. The expungement process releases you from virtually “all penalties and disabilities” of misdemeanor or felony conviction.1
Here are five key things to know:
- You may be eligible for expungement if you 1) completed probation and 2) did not do time in state prison (or would not have done prison had your case occurred after “Realignment” under Proposition 47).
- You are not eligible for expungement if you have an open criminal case or if your conviction was for a serious, violent, or sex offender crime.
- With the passage of SB 731 and AB 1076, record sealing is an automatic process once the court dismisses your case.
- Expunged records do not have to be disclosed to an employer even after they make a conditional offer of employment.2
- If you cannot expunge your record, you may be able to get relief through a Certificate of Rehabilitation, governor’s pardon, or sentence commutation.
To help you better understand Penal Code 1203.4 expungements, our California criminal defense lawyers discuss:
- 1. California Expungement Law (PC 1203.4)
- 2. How do I expunge a criminal record in California?
- 3. Frequently Asked Questions
- Additional Resources
1. How the California expungement process works
An expungement is a form of post-conviction relief authorized by California Penal Code 1203.4 PC. It releases you from “all penalties and disabilities” arising out of a conviction.
As criminal defense attorney John Murray3 explains,
“In today’s economy — where finding a job is tougher than ever — you want to do everything in your power to make yourself the most desirable candidate. Clearly, this includes being able to state that you have a clean criminal record–something that a PC 1203.4 expungement may allow you to do.”
Expungements are also beneficial for securing or maintaining California professional licenses and for joining many professional organizations. Dismissal of an offense offers a “fresh start” from an otherwise criminal past.
Who is eligible to get a California expungement?
As a basic rule, Penal Code 1203.4 PC authorizes an expungement for a misdemeanor or expungement for a felony offense provided you:
- successfully completed probation (either felony probation or misdemeanor probation), and
- are not currently:
- charged with,
- on probation for, or
- serving a sentence for
a criminal offense.4
If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation, discussed below).
What does it mean to “successfully complete probation”?
“Successfully completing probation” means that you:
- completed all the terms of your probation (that is, paid all fines and restitution, completed any counseling programs, community service, etc.),
- attended all required court appearances (either personally or through an attorney), and
- did not commit any new crimes while on probation.
How does “realignment” affect eligibility under PC 1203.4?
If you went to California State Prison — either at the time of judgment or because of a probation violation — you do not generally qualify for a PC 1203.4 expungement.
However, there is an exception if you would have served your sentence in county jail if you had committed the crime after “realignment.” (For more information, please see the discussion on Penal Code 1203.42 in Section 1.4, below).5
Can prisoners who worked as firefighters through a prison fire camp get an expungement?
In many cases, yes. Plus you may be able to get your parole waived. Learn more here: California Assembly Bill 2147 (2020).
Who is NOT eligible to get a California expungement?
There are certain felony offenses that can never be expunged. These include serious sex offenses committed against children, such as
- Penal Code 286(c) PC California’s law against sodomy with a child,
- Penal Code 288 PC California’s lewd acts with a child law,
- Penal Code 287 (c) PC California’s law against oral copulation with a child, and
- Penal Code 261.5(d) PC California’s statutory rape law, which prohibits sexual intercourse between persons who are 21 years and older and persons younger than 16.6
Can I get an expungement if I violated (or didn’t satisfy) my probation?
It is generally true that you must have successfully completed all conditions of probation to be granted an expungement.
Even if you received a probation violation, all hope is not lost. The court will hold a special hearing to determine whether you are nonetheless a good candidate.7
In the wake of a probation violation, the court has wide discretion as to whether to grant or deny a petition for a PC 1203.4 expungement. Factors that the judge may consider include (but are not limited to):
- your overall performance while on probation,
- the seriousness of the underlying conviction,
- your criminal history, and
- any additional evidence that shows why you are deserving of this relief, such as
- opportunity to obtain a good job,
- support of the applicant’s family,
- strong community ties, etc.
What if I could have been sentenced to county jail under Prop 47 realignment?
If you were convicted and sentenced to state prison, you may still be able to expunge a conviction. You are eligible if you would have been sentenced to jail for the crime had it been committed after 2011’s Proposition 47 Realignment legislation.
This exception is found in California Penal Code 1203.42 PC. Relief under Penal Code 1203.42 is not automatic but may be granted by a court, in its discretion. Judges can grant it if they believe it would be in the interests of justice.
To qualify under PC 1203.42, the crime must have been one currently punishable in county jail AND:
- at least two years have passed since you completed your sentence, and
- you are not:
- under supervised release for a crime,
- serving a sentence for any offense,
- on probation for any offense, or
- charged with the commission of any crime.
How do I obtain an expungement under PC 1203.42?
The expungement process in California starts by filing a petition with the court under Penal Code 1203.42. You may make the application:
- in person,
- by an attorney, or
- by a probation officer authorized in writing.
The court may then either:
- Permit you to withdraw your plea of guilty or “nolo contendere” (no contest) and enter a plea of not guilty, or,
- If you have been convicted after a plea of not guilty, set aside the verdict of guilty.
In either case, the court will then dismiss the accusations against you. Afterward, you will be released from all penalties and disabilities resulting from the offense. It is as if you got a regular expungement under PC 1203.4.

The process to obtain an expungement contains many steps that a competent attorney can assist you with
2. How do I expunge a criminal record in California?
Expunging criminal records in California requires the following five steps:
Step 1: Hire an Attorney
The expungement process is confusing and time- and paperwork-intensive. Many opportunities for error could result in an application being denied.
However, experienced criminal defense attorneys know how to streamline the process and get it right on the first try.
Step 2: Fill Out the Proper Forms
A criminal defense attorney knows which forms to use for each situation. Otherwise, most application forms are available at the relevant courthouse or through an internet search.
For example, if you completed misdemeanor probation, you would fill out a petition to dismiss a misdemeanor under 1203.4 PC. If probation has not been completed, you would instead file a motion to terminate probation. Then if that is denied, you would fill out a petition for dismissal.
Note that felonies cannot be expunged until they are reduced to misdemeanors. Courts usually grant requests to reduce wobblers (crimes that can be felonies or misdemeanors) down to misdemeanors.
Note that non-wobbler felonies can be reduced to a misdemeanor only by filling out a form pursuant to § 17(b)(3) PC. Only then can you fill out a petition to dismiss a misdemeanor under 1203.4 PC.
Also note that you must fill out one form for each conviction to be expunged. You can also include character references with the petition.
Note that as of July of 2024, many cases will be automatically sealed. Consult with your attorney about whether you need to file for expungement formally. The following chart shows the record seal waiting time for eligible cases:
Your California Criminal Record | When Your Record Gets Cleared |
Misdemeanor arrest with no charges brought | 1 year after the arrest |
Misdemeanor charge which gets dismissed | Right after the dismissal |
Misdemeanor conviction where you are granted probation or completed other specified criteria | Right after probation/criteria is done |
Misdemeanor conviction where you are not granted probation | 1 year after case ends |
Felony arrest with no charges brought | 3 years after the arrest |
Felony charge which gets dismissed | Right after the dismissal |
Felony conviction where you are granted probation (not including serious, violent, or sex offender crimes) | Right after probation is done |
Felony conviction where you are not granted probation (not including serious, violent, or sex offender crimes) | 4 years after case ends |
Step 3: File for Expungement
Once the proper forms are filled out, they must be filed with the court where the case was heard. The court will usually respond within five months.
Every court has its own policies and fees. Sometimes expungement forms must be delivered in person or mailed.
Timely filing paperwork is critical. For example, you must provide the prosecutor with at least 15 days’ notice prior to the hearing. This is to allow the prosecutor to review the case and object if desired.
If you are indigent, you may be able to get financial assistance to cover the filing fees.
Step 4: Prepare for the Expungement Hearing
Whether you have to appear at your expungement hearing depends on the case. If necessary, your criminal defense attorney will keep you informed and help prepare for the hearing.
Ultimately, the judge decides whether to grant an expungement. There is no jury. You are more likely to win if you:
- are able to hold down a job,
- had no additional convictions, and
- have completed all required community service.
Step 5: Refile if the Petition Is Denied. Seal the Expungement if the Petition is Granted.
If the judge denies the expungement, after six months you can file a new petition with any required changes.
If the judge grants the expungement, the defense attorney should then seal the case so it is no longer visible to the public. And you can deny ever having a criminal record in most situations. Some exceptions are if you:
- run in public elections,
- apply for a state license, or
- seek employment with the California Lottery Commission.
What an Expungement Can Do
There are many benefits to obtaining a California expungement. Some include:
- An employer may not discriminate against your job application based on expunged convictions;
- Easier to obtain a state professional license;
- Expunged convictions cannot be used to impeach your credibility as a witness in court (unless you are the defendant being prosecuted in the subsequent case);10
- In some cases, helping avoid certain immigration consequences such as deportation; and
- Barriers should be removed from traveling to Canada.9
What an Expungement Will NOT Do
Unfortunately, there are several limitations on what an expungement under California Penal Code 1203.4 PC can do. For example, an expungement will not:
- overturn a driver’s license suspension or revocation,11
- restore gun rights under Penal Code 29800 PC – California’s felon with a firearm law,12 or
- end the duty to register as a sex offender under Penal Code 290 PC.13
Expunged convictions may also still be used as prior convictions to enhance sentencing. For instance, an expunged DUI conviction still counts as a prior if you are later arrested for another DUI.
Plus an expunged conviction that would count as a “strike” for purposes of California’s three-strikes law is still a strike.14
Note that additional rights can often be restored through:
- A Certificate of Rehabilitation, and/or
- A Governor’s Pardon15
When can I apply for a PC 1203.4 expungement?
If you are eligible under PC 1203.4, you may petition the court to expunge a conviction on the earlier of:
- completion of probation, or
- early termination of probation (which must be granted by a court).
(Note that if you qualify under PC 1203.42, you may only petition the court if at least two years have passed since the completion of your sentence).
As discussed above, certain criminal records are now sealed automatically. Consult with your attorney to see if you qualify.
Can I petition for early termination and expungement at the same time?
Many times, we can expedite the expungement process by “packaging” a number of motions into one. The most common example includes asking the court in a single proceeding to:
- grant an early termination of probation (which the court has the option of granting as long as the petitioner is in compliance with the terms of his or her probation),
- reduce a felony to a misdemeanor (in cases where the felony offense is classified as a “wobbler” — that is, a charge that the district attorney could have filed as either a felony or a misdemeanor), and
- expunge a conviction.
What is the difference between expungement and sealing/destroying records?
Many people who contact us about expungements also wish to “seal and destroy” adult and juvenile criminal records.
Sealing and destroying arrest records per SB 383 is a totally different process from expunging records of criminal convictions under PC 1203.4.
You are entitled to have a California arrest record sealed and destroyed if:
- you were arrested, but the prosecutor never filed criminal charges, or
- the case was dismissed in court, or
- you were acquitted by a jury following a jury trial, or
- the conviction was overturned and dismissed on appeal, or
- you successfully completed a program of diversion, such as Prop 36 drug diversion or Penal Code 1000 deferred entry of judgment,16
Sealing an arrest record generally allows you to state that you have never been arrested for a crime. This is because in order to seal a record the judge must declare you factually innocent.
As mentioned earlier, with the passage of Senate Bill 731 & Assembly Bill 1076 – The Clean Slate Act, most people’s arrest and conviction records will get automatically cleared from their criminal record through a process called “automatic relief”. Learn more here. (Note that automatic relief does not restore your firearm rights.)
Sealing a Juvenile Arrest Record
Sealing a California juvenile court record provides you with the same benefits as sealing an adult record. You may seal a juvenile arrest record if:
- you are currently an adult, or the jurisdiction of the juvenile court terminated at least five years ago,
- as an adult, you have not been convicted of any crimes of moral turpitude (that is, a crime involving dishonesty or immoral behavior), AND
- there is no pending civil litigation based on the juvenile incident.
Once the judge grants the motion to seal and destroy a juvenile arrest record it is sealed for 3 years and destroyed thereafter.17

Expunged convictions do not have to be revealed to employers in most cases.
3. Frequently Asked Questions
Who can see expunged records?
Criminal records are “public records.” So anyone can access a criminal record even after a PC 1203.4 expungement — unless the record is sealed.
People who often access criminal records include:
- potential employers,
- landlords, and
- licensing agencies.
What happens when I expunge my record?
When a record is expunged in California, a plea of guilty or no contest (or a conviction after trial) gets set aside by a judge. You then enter a new plea of “not guilty,” and the judge dismisses the case.18
We provide you with a signed order by a California Superior Court Judge setting aside the conviction and dismissing the case.
How long does expungement take?
Generally, we can have a 1203.4 PC petition filed and heard within one to two months. Though this can vary depending on the county in which you reside.
In cases where you are actively seeking employment, we can seek to expedite the process.
Who is eligible for expungements?
Generally, you qualify for an expungement under Penal Code 1203.4 PC if you:
- committed a felony or misdemeanor and were not incarcerated in the California state prison,
- fulfilled the terms of your probation, and
- were not convicted of one of the specific crimes that make you ineligible to receive a California expungement.19
But, to make sure, contact a California criminal defense attorney.
What is “felony reduction”?
If you were convicted of a “wobbler,” you can generally petition to reduce the felony conviction to a misdemeanor.20 (A “wobber” is a crime that can be charged as either a felony or misdemeanor.)
After it is reduced, we would then apply for an expungement. We will also ask for an early termination of probation where appropriate.
Expungements following a felony reduction cost the same as expungements without a felony reduction.
Do I have to appear in court?
Generally not. The California expungement process typically allows a lawyer to appear on your behalf through all stages of the proceedings.21
What is the filing fee for a California expungement?
It varies, depending on
- the county in which you reside and
- whether you were convicted of a misdemeanor or a felony.
All counties have some type of financial assistance available if you are unable to pay.
What if an employer asks about my criminal history?
Once the court grants an expungement, you can lawfully answer “no” if asked about a criminal record unless:
- You are applying to become a peace officer or run for public office,
- You are applying to work for the California Lottery Commission, or
- You are applying for a state license.22
If the employer does not run a background check, they will probably never find out about the conviction. Though even if an employer does conduct a background check, it will show if a conviction was expunged. This will tell the potential employer that a California court has said you are ready to make a “fresh start”.
Will expunging my record help me obtain a state license?
Often times, yes. Many California state licensing authorities require expungement of a conviction under Penal Code 1203.4 PC before they will issue a license.
Though even when an expungement is not enough, we may be able to help you obtain a “Certificate of Rehabilitation,” which offers even more benefits.23
What is a “Certificate of Rehabilitation”?
A Certificate of Rehabilitation (“COR”) is a court order stating you have been rehabilitated from your criminal past.24
You must wait between seven and ten years after being released from custody, depending on the specific offense for which you were convicted.25
There are many benefits to a Certificate of Rehabilitation, including:
- A certificate of rehabilitation becomes an automatic application for a Governor’s Pardon;
- You cannot be denied a state license without other cause;
- A COR sends a message to prospective employers that you have overcome your criminal history and are prepared to make a fresh start.
Remember — an expungement or COR is not necessary for an arrest that did not result in a conviction. Employers (and prospective employers) may not discriminate against you based simply on arrests. In fact, they are not even legally allowed to inquire about them.26
What is a Governor’s Pardon?
A Governor’s Pardon is the ultimate relief from the penalties and disabilities associated with a criminal conviction.27
You must usually wait at least ten years after being discharged from probation or parole in order to apply to the governor for a pardon. Alternatively, you must obtain a finding of factual innocence (discussed above in section 2).28
If you receive a Certificate of Rehabilitation, you may apply for a pardon in as little as seven years after release from custody. This is because a COR acts as an automatic application for a pardon.
How do I seal my records after an expungement?
Except as set forth above, sealing an arrest record is generally possible if
- You were arrested and no accusatory pleading was filed,
- The DA dismissed the case, or
- You were found “not guilty” after a California jury trial.
Also, if you prove that you were factually innocent of the charges, the arrest record will be ordered sealed for three years and destroyed thereafter.29
In order to be eligible for sealing a juvenile record, two criteria must be met:
- The juvenile court jurisdiction must have terminated at least five years ago; and
- You must not have suffered a conviction for a crime of moral turpitude (that is a dishonest or immoral crime) as an adult.30
Though even if these two criteria have been met, certain serious crimes cannot be sealed from juvenile records.31 These crimes include:
- murder,
- robbery and
- child molestation.
Can expungement helps immigrants?
Many times, yes. We are often able to get a non-U.S. citizen’s wobbler felony reduced to a misdemeanor. This makes you eligible for permanent residency and ultimately U.S. citizenship. Alternatively, we may be able to get a conviction set aside completely.
Once we review the facts and circumstances of your case, we research the most promising options to help avoid immigration issues such as deportation or removal.
Do I still have to register as a sex offender after an expungement?
Yes. A California Penal Code 1203.4 PC expungement cannot provide this type of relief. However, a Certificate of Rehabilitation and Governor’s pardon often can, as long as the conviction was not for a sex crime against a child.32
What about my past marijuana convictions?
The California Department of Justice reviewed and sealed all past marijuana convictions that are no longer considered crimes now that recreational marijuana is legal. This process should have been done by July 1, 2020. See California Assembly Bill 1793 (2018).
Additional Resources
For more information, refer to the following:
- Clean Your Record – Step-by-step guide provided by the California Courts Self-Help Guide.
- Expungements – Instructional materials and templates provided by the California Judicial Branch.
- Petition and Order for Expungement – Template provided by the California Judicial Branch.
- California is clearing criminal records — including violent crimes — to offer second chances – article by CalMatters.
- California Residents Can Self-Expunge Criminal Records with New Form – article by L.A. Focus.
Legal References:
- California Penal Code 1203.4 PC.
(a) (1) When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in their probation papers, of this right and privilege and the right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve them of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have custody or control of a firearm or to prevent conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(4) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of an unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(5) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.
(b) Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.
(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.
(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interest of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
(3) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(B) An unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fulfil the condition of probation for the entire period of probation.
(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(e) If, after receiving notice pursuant to subdivision (d), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
(f) Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.
See, for example, People v. E.B. (Cal. App. 6th Dist. 2020) ; People v. Daffeh (Cal. App. 2024) .
- California Penal Code 1203.4 PC. As it is, California’s ban the box law, AB 1008, bars employers from asking about your criminal record until there is a conditional offer of employment.
- Newport Beach criminal defense lawyer John Murray represents clients throughout Orange County including Newport Beach, Fullerton, Laguna Beach, Irvine, Santa Ana, Anaheim and Westminster.
- See California Penal Code 1203.4 PC.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 432.7.
- California Evidence Code 788.
- California Vehicle Code 13555 VC.
- California Penal Code 1203.4 PC.
- California Penal Code 290.007 PC.
- California Penal Code 1203.4 PC; see also United States v. Hayden (9th Cir. Cal., 2001), 255 F.3d 768. (re. sentencing guidelines) and Ryan-Lanigan v. Bureau of Real Estate (Cal. App. 3d Dist., 2013), 222 Cal. App. 4th 72 (re. professional licenses).
- See same.
- California Penal Code 851.8 PC.
- California Welfare and Institutions Code 781. See also California Welfare and Institutions Code 781.5.
- See California Penal Code 1203.4 PC.
- California Penal Code 1203.4 PC see also People v. McLernon (Cal. App. 2d Dist.), 174 Cal. App. 4th 569.
- California Penal Code 17(b) PC.
- California Penal Code 1203.4 PC.
- See same. (“The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.”). See also Garcia-Brower v. Premier Automotive Imports of CA, LLC (Cal. App. 1st Dist. 2020) 55 Cal.App.5th 961.
- California Business and Professions Code 480.
- California Penal Code 4852.16 PC.
- California Penal Code 4852.03 PC.
- California Labor Code sections 432.7 and 4852.16 LC. California Business and Professions Code 480 BP.
- California Penal Code 4852.17 PC. See also California Penal Code 4853 PC.
- Pardons — State of California, Office of the Governor.
- California Penal Code 851.8 PC.
- California Penal Code 851.8 PC.
- California Welfare and Institutions Code 781.
- California Penal Code 290.5 PC.