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Criminal Record Expungement

CaliforniaCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in California.

Clean Slate State

California has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

Fee Waiver AvailableYou may qualify for free filing
Or $120 filing fee if you don't qualify
YesClean Slate StateSome records may clear automatically
Check Eligibility →

Legal Terminology in California

Expungement

dismissal

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in California.

Generally Eligible

Most misdemeanors
Most felonies that did not result in state prison
Wobblers (reduced to misdemeanors)

Generally Not Eligible

Serious Felonies (PC 1192.7)

  • Murder or voluntary manslaughter
  • Mayhem
  • Rape
  • Sodomy by force
  • Oral copulation by force
  • Lewd acts on a child under 14
  • Any felony punishable by death or life imprisonment
  • Any felony where defendant inflicted great bodily injury
  • Any felony where defendant used a firearm
  • Attempted murder
  • Assault with intent to commit rape or robbery
  • Assault with a deadly weapon on a peace officer
  • Arson
  • Exploding a destructive device with intent to commit murder
  • Kidnapping
  • Robbery
  • Carjacking
  • Burglary of an inhabited dwelling

Violent Felonies (PC 667.5)

  • Murder or voluntary manslaughter
  • Mayhem
  • Rape
  • Sodomy by force
  • Oral copulation by force
  • Lewd acts on a child
  • Any felony punishable by death or life imprisonment
  • Any felony in which defendant uses a firearm
  • Attempted murder
  • Kidnapping
  • Assault with intent to commit rape, robbery, etc.
  • Continuous sexual abuse of a child
  • Carjacking
  • Extortion
  • Threats to victims or witnesses

Sex Offenses Requiring Registration

  • Any offense requiring sex offender registration under PC 290
  • Child pornography offenses
  • Sexual abuse of children
  • Human trafficking for sex acts
  • Pimping a minor
  • Incest
  • Annoying or molesting a child

Other Permanently Ineligible

  • Offenses with 4+ priors for same offense
  • Offenses where victim was under 18
  • Crimes against children
  • Elder abuse (felony)
  • Domestic violence involving injury (some cases)

Waiting Periods

Completed probationImmediate
Early termination requestedAt least half of probation completed

Waiting periods typically start from completion of sentence, including probation.

Costs & Fee Waivers

Don't let cost be a barrier. Most people qualify for free filing.

Filing Costs

Recommended

Option 1: Fee Waiver

$0 — File for free

If you have limited income, you likely qualify to file without paying any fees.

Option 2: Pay Filing Fee

$120

If you don't qualify for a fee waiver, you'll need to pay the filing fee.

Don't let filing fees stop you. Most people who apply for fee waivers are approved.

The Process

1

Check if Clean Slate Already Cleared Your Record

California's Clean Slate law (AB 1076) may have automatically cleared eligible records.

2-4 weeks for record
2

Gather Your Case Documents

Collect all necessary information about your conviction.

1-3 hours
3

Complete the Petition Forms

Fill out the required court forms for dismissal.

1-2 hours
4

File Your Petition

Submit your completed forms to the court.

1 hour at courthouse
5

Serve the District Attorney

Provide a copy of your petition to the prosecutor's office.

Same day to 1 week
6

Attend Hearing (if required)

Some counties require a hearing; others grant relief without one.

15-45 minutes (if hearing required)
7

Receive Your Dismissal Order

Once granted, obtain your court order.

2-8 weeks after approval

Legal Authority

PC 1203.4

Dismissal of accusation or information after probation

View source →
PC 1203.4a

Dismissal of accusation or information in certain felony cases

View source →
PC 1203.41

Dismissal of accusation or information for conviction resulting in state prison

View source →
PC 851.91-851.92

Arrest Record Sealing

View source →
AB 1076 (2019)

Clean Slate - Automatic Record Relief

View source →
AB 2498 (2022)

Clean Slate Expansion

View source →
Prop 64 / HS 11361.8

Adult Use of Marijuana Act - Resentencing

View source →
AB 1793

Cannabis Conviction Automatic Record Clearing

View source →
SB 731 (2022)

Criminal Records Relief

View source →

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

🏛️ Find Your Courthouse

Get court contact information, directions, and filing details for your county

📋 My Cases

Track your expungement progress across multiple cases

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Add your first case to start tracking your expungement progress

📄 Generate Your Forms

After adding your case information above, use this tool to automatically generate your personalized expungement forms:

💡 Add a case above to generate your expungement forms.

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.