How to Expunge a Criminal Record in California

What Is Expungement?

Expungement under Penal Code 1203.4 allows you to withdraw a guilty or no contest plea, enter a not guilty plea, and have the case dismissed. This can help with employment, housing, and other background checks.

Eligibility

You may be eligible if: you completed probation (or it was terminated early), you are not currently charged with a crime, on probation for another crime, or serving a sentence, and you were not sentenced to state prison (with some exceptions under Prop 47).

What Expungement Does

• Releases you from many penalties and disabilities resulting from the conviction
• Allows you to legally say you were not convicted for most employment purposes
• Shows as "dismissed" on background checks (though the original record may still be visible)

What Expungement Does NOT Do

• Does not restore firearm rights (separate process required)
• Does not remove the conviction for purposes of subsequent prosecutions (it can still be used as a prior)
• Does not apply to certain sex offenses or offenses where state prison was served

The Process

File a petition with the court that handled your case. The court will review your petition and may grant expungement without a hearing. If the prosecution objects, a hearing will be held. An attorney can increase your chances of success.