A California conviction does not have to follow you forever. The state offers several ways to clean up a criminal record — dismissing convictions after probation, sealing arrests that did not lead to conviction, reducing some felonies to misdemeanors, and, increasingly, automatic relief. This guide explains the main tools, what they do, and what they don't.
This is general information about California law, not legal advice. Eligibility is fact-specific; consult a California-licensed criminal defense attorney about your record.
Expungement: dismissal under Penal Code § 1203.4
California's "expungement" is technically a dismissal under Penal Code § 1203.4. After a person successfully completes probation (or, where there was no probation, meets the applicable conditions), the court can permit them to withdraw a guilty or no-contest plea, enter a not-guilty plea, and dismiss the case. Many misdemeanors and eligible felonies qualify. Offenses where the person served a state-prison term, and certain serious offenses (for example, some sex crimes against children), are generally not eligible under § 1203.4.
The mechanics matter. Under Penal Code § 1203.4, a person who has fulfilled the conditions of probation for the entire period, or has been discharged before the end of the term, or who shows good cause, may petition the court to set aside the verdict or withdraw the plea and dismiss the case. For convictions that did not include probation, related provisions (Penal Code § 1203.4a for many misdemeanors and infractions) provide a comparable path once a waiting period has passed and the person has lived an honest, law-abiding life. The relief is sometimes described as having the conviction "dismissed in the interest of justice," and the court's records are updated to reflect the dismissal.
What an expungement does — and doesn't
After a § 1203.4 dismissal, in most situations you can lawfully answer that you have not been convicted of the offense — notably on most private job applications, since California's "ban the box" law also limits when employers may ask about convictions. But the relief is not total: the dismissed conviction can still be used as a prior to enhance a future sentence, can still appear on certain background checks (for example, for state licensing or law-enforcement jobs), and does not by itself restore firearm rights. It also does not erase the arrest record — that requires separate sealing.
It helps to be precise about what a dismissal does not do. It does not literally erase or destroy the record — the case file shows a conviction that was later dismissed, rather than disappearing entirely. It does not restore firearm rights where a felony triggered a firearm prohibition. It does not relieve a duty to register as a sex offender under Penal Code § 290. It does not prevent the conviction from counting as a "prior" or a "strike" if you are charged with a new crime. And it does not stop the conviction from being disclosed when you apply for a state professional license, a public office, or certain government jobs, or from being considered in immigration matters. Even so, for everyday employment and housing, a dismissal can make a real difference.
Sealing an arrest: Penal Code § 851.91
If you were arrested but not convicted — charges were never filed, were dismissed, or ended in acquittal — you may petition to seal the arrest record as a matter of right in many cases under Penal Code § 851.91. A person who is found factually innocent may seek to seal and destroy the record under § 851.8. Sealing keeps the arrest from surfacing on most background checks.
The two paths serve different situations. Under Penal Code § 851.91, sealing is available to many people whose arrest did not result in a conviction — the statute treats it as a matter of right in many circumstances, though there are exceptions (for instance, where a pattern of certain conduct exists or where the person could still be charged). Once sealed, the arrest is generally treated as not having occurred for most purposes, and you can usually state that you were not arrested. The narrower remedy under Penal Code § 851.8 applies when a person can show factual innocence — that no reasonable cause exists to believe they committed the offense — and allows the records to be sealed and ultimately destroyed.
Reducing a felony: Penal Code § 17(b) and Proposition 47
For wobbler offenses, a felony can be reduced to a misdemeanor under Penal Code § 17(b), which can ease collateral consequences and is often paired with an expungement. Proposition 47 (2014) reclassified several drug-possession and low-value theft felonies as misdemeanors and allows eligible people to petition to reduce prior felony convictions.
Reducing a felony can be a crucial step before or alongside a dismissal. A wobbler felony reduced to a misdemeanor under Penal Code § 17(b) can restore firearm rights that the felony took away (because the firearm bar attached to the felony status), can lower the conviction's weight on background checks, and can make later relief simpler. Proposition 47 reaches theft and drug offenses generally involving $950 or less — petty theft, shoplifting, receiving stolen property, forgery and bad checks within that limit, and simple drug possession — for people without certain disqualifying priors, and its petition process is partly retroactive to old convictions.
Automatic record relief
California has moved toward automatic relief. Recent legislation (including AB 1076 and SB 731) directs the state to automatically seal or dismiss many eligible arrest and conviction records without the person having to file a petition. Automatic relief does not cover every offense — serious and violent felonies and registrable sex offenses are excluded — and it does not remove a conviction from every type of background check, so a petition may still be worthwhile in some cases.
Under this "Clean Slate" framework (Penal Code § 1203.425 and related provisions added and expanded by AB 1076 and SB 731), the California Department of Justice periodically identifies eligible records and grants relief automatically — sealing many arrests that did not lead to conviction and dismissing many convictions once the required time has passed and the person is not under supervision or facing new charges. Crucially, automatic relief generally does not apply to serious or violent felonies or to offenses requiring sex-offender registration. And because automatic dismissals do not erase a record from every context (law-enforcement and certain licensing background checks can still see them), some people still benefit from an individualized petition that produces a clear court order.
The expansion of automatic relief unfolded in stages. AB 1076, effective in 2021, set up automatic relief for many arrests and convictions going forward. SB 731, effective in 2023, broadened the program so that even some felony convictions — where the person completed their sentence and any supervision and stayed conviction-free for the required period — can be sealed automatically, while continuing to exclude serious and violent felonies and registrable sex offenses. One important nuance: automatic sealing of a conviction does not necessarily make it invisible to every licensing board or to the courts, and it does not on its own reclassify a felony or restore firearm rights. So a person who specifically needs to lower a felony to a misdemeanor, restore gun rights, or obtain a clear, citable court order for a professional application will often still file an individual petition even if the state has already granted some automatic relief.
Why clearing a record matters
A cleaned-up record can remove barriers to employment, housing, and professional licensing, and can provide peace of mind. Because the rules vary by offense and by the type of relief, and because some consequences persist regardless, it is worth confirming exactly what relief you qualify for and what it will and won't change.
California reinforces this with its "ban the box" law (the Fair Chance Act, Government Code § 12952), which generally bars employers with five or more employees from asking about conviction history until after a conditional job offer and requires an individualized assessment before withdrawing an offer based on a conviction. A § 1203.4 dismissal strengthens your position further, because in most private-employment contexts you can state that you were not convicted of the dismissed offense. Together, the dismissal and the Fair Chance Act mean that an old conviction is far less likely to quietly end a job application before you ever get a chance to explain. The same is not always true for state licensing boards, law-enforcement employment, or jobs working with vulnerable populations, where the conviction can still be considered — another reason to confirm exactly how a given record will be treated.
How to clear a California record, step by step
- Identify the record. Obtain your California criminal history so you know exactly what convictions and arrests exist and how each is classified.
- Confirm probation is complete. For a § 1203.4 dismissal, you generally must have completed probation successfully (or qualify for early termination or a no-probation path).
- Reduce a felony first, if eligible. Where a wobbler or Proposition 47 offense allows, reducing the felony to a misdemeanor under Penal Code § 17(b) can restore rights and simplify later relief.
- Petition for dismissal or sealing. File under Penal Code § 1203.4 (or § 1203.4a) to dismiss a conviction, or under § 851.91 (or § 851.8 for factual innocence) to seal an arrest.
- Check automatic relief. Confirm whether "Clean Slate" automatic relief (Penal Code § 1203.425) has already cleared the record, and whether a petition still adds value.
- Update your understanding. Learn what the relief does and does not change — for jobs, licensing, firearms, immigration, and future cases — so you can answer questions accurately.
Frequently asked questions
What does expungement actually do in California?
Under Penal Code § 1203.4, it dismisses the conviction after probation, letting you state in most contexts that you were not convicted. But it can still count as a prior, may appear on certain licensing or law-enforcement background checks, does not restore firearm rights, and does not relieve sex-offender registration.
Can I clear an arrest that never led to a conviction?
Yes. Penal Code § 851.91 allows sealing of many arrests that did not result in conviction, and § 851.8 allows sealing and destruction for those found factually innocent.
Does California now clear records automatically?
For many eligible records, yes — "Clean Slate" laws (Penal Code § 1203.425, expanded by AB 1076 and SB 731) provide automatic sealing or dismissal. But serious and violent felonies and registrable offenses are excluded, and a petition may still help where you need a clear court order.
Will expungement restore my gun rights?
No. A § 1203.4 dismissal does not by itself restore firearm rights. Felony firearm prohibitions in particular require separate relief, such as reducing the felony to a misdemeanor under Penal Code § 17(b) where eligible, which can restore those rights.
How long do I have to wait?
For a § 1203.4 dismissal you generally must have completed probation; some no-probation convictions have a waiting period under § 1203.4a. Automatic relief timelines depend on the offense and on completing any required time without new charges. The exact timing is fact-specific. Because California capped most probation terms in 2021 (one year for many misdemeanors, two years for many felonies), many people now reach eligibility to petition sooner than they would have under the longer terms that were once standard.
Can employers still see a dismissed conviction?
Usually not for ordinary private jobs. After a § 1203.4 dismissal you can generally state you were not convicted, and California's Fair Chance Act (Government Code § 12952) bars most employers from asking about conviction history until after a conditional offer. But certain state licensing boards, law-enforcement positions, and jobs involving vulnerable populations can still consider the conviction, so the protection is broad but not absolute.
Does Proposition 47 apply to old convictions?
Yes, in part. Proposition 47 made certain theft and drug offenses involving $950 or less into misdemeanors, and it includes a petition process that is partly retroactive: someone previously convicted of one of those offenses as a felony may ask the court to reduce it to a misdemeanor or to be resentenced, provided they do not have disqualifying prior convictions such as certain serious, violent, or registrable offenses.
When to talk to a California criminal defense attorney
Record-clearing is governed by a patchwork of statutes, eligibility rules, and exceptions, and the right strategy often combines several remedies — reducing a felony, dismissing the conviction, and sealing a related arrest. An attorney can pull your full criminal history, determine exactly which forms of relief you qualify for, file the petitions correctly, and explain precisely what each remedy will and will not change for employment, licensing, firearms, and immigration. This is especially worth doing if you have a felony, a non-citizen immigration concern, a professional license at stake, or multiple entries on your record. No attorney can guarantee that a court will grant relief, but experienced guidance can maximize what is realistically available and help you avoid missteps.
For the bigger picture, see our complete criminal defense guide. To find a California criminal defense attorney, browse the directory of attorneys licensed by the State Bar of California by practice area and county across all 58 counties — free, with no obligation.