Clear your California criminal record under Penal Code 1203.4. Learn if you qualify, what steps are required, what it costs, and what expungement actually does, and doesn't do, for your record.
Calls are answered by licensed California bail bond agents.California PC 1203.4 expungement applies to most misdemeanor and many felony convictions. Check the criteria below:
Obtain a copy of your criminal history (RAP sheet) from the California DOJ at oag.ca.gov/fingerprints. You will also need the case number, conviction date, and specific Penal Code section from the county where you were convicted. You can get case records from that county's Superior Court.
Use California Judicial Council Form CR-180 (Petition for Dismissal) or Form CR-181 for infractions. These are available free at courts.ca.gov. You can also hire an attorney or a legal document assistant to prepare the forms for you. Make sure to include the correct case number and conviction information for every count.
File in the Superior Court of the county where you were convicted, not where you currently live. Bring the original plus two copies. Pay the filing fee ($60–$120) or submit a fee waiver application (Form FW-001) if you qualify based on income. The clerk will stamp and return copies.
You must serve a copy of the petition on the county District Attorney's office at least 15 days before the hearing. Some counties use a mail service; others require in-person delivery. Check your specific county's court instructions for service requirements.
Most expungement hearings are brief (5–15 minutes). The judge reviews your petition, confirms eligibility, and may ask about your compliance with probation terms. If no objection is filed by the DA and you meet all criteria, the judge typically grants the petition on the spot. You will receive a court order of dismissal.
After the order is entered, the court notifies the DOJ. Allow 2–4 weeks for court records to update. Order a new RAP sheet 60–90 days later to confirm the update. Notify the major commercial background check companies (Checkr, HireRight, Sterling) directly if you need them to update their databases faster.
No. A PC 1203.4 dismissal does not restore firearm rights. Under California law, people convicted of any felony and certain misdemeanors are permanently prohibited from owning or possessing firearms, regardless of expungement. Restoring gun rights requires a separate legal process. For certain felonies reduced to misdemeanors under PC 17(b), firearms rights may be restored depending on the specific offense. Consult an attorney for your specific situation as federal law also applies independently of California expungement.
A PC 1203.4 dismissal changes your legal status but does not erase the underlying event. Knowing exactly what is affected prevents surprises when you apply for jobs, housing, or licenses.
Under California Labor Code 432.7, private employers with fewer than 5 employees may not ask about expunged convictions. Most private employers cannot deny employment based solely on an expunged conviction. You may legally answer "No" when asked about prior convictions on most private job applications after expungement.
Some California professional licenses, including cosmetology, contractor licenses, and certain healthcare certifications, treat expunged convictions more favorably in the licensing process. The specific agency determines how it weighs the expungement.
Many commercial background check services remove expunged convictions from their databases after dismissal. The court record is updated to show "dismissed" rather than "convicted." This is meaningful for housing, informal background checks, and personal peace of mind.
Government employers (city, county, state, federal) can still ask about and consider expunged convictions. Law enforcement, teaching, childcare, elder care, and positions with access to vulnerable populations are typically exempt from the private employer rule.
Licenses from the California Bureau of Security and Investigative Services (BSIS), peace officer certifications, and firearms licenses can still be affected by the underlying conviction even after expungement.
Expungement does not remove the requirement to register as a sex offender under PC 290. If the original offense required registration, that obligation continues regardless of the PC 1203.4 dismissal. A Certificate of Rehabilitation is a separate process that can address sex offender registration in some cases.
PC 1203.4 expungement is the most common form of record relief in California, but it is not the only option. Depending on your situation, other remedies may offer broader or more complete relief.
Penal Code 17(b) allows certain "wobbler" felonies (offenses that can be charged as either a felony or misdemeanor) to be reclassified as misdemeanors after successful completion of probation. Once reduced to a misdemeanor, the conviction can then be expunged as a misdemeanor under PC 1203.4. This is particularly valuable because it restores more rights than a felony expungement alone.
If you were arrested but not convicted, Penal Code 851.87 allows you to petition to have the arrest record sealed and eventually destroyed. Under AB 1076, many such arrests are now sealed automatically after one year. Once sealed, you may state you were not arrested in most circumstances. Law enforcement retains access to sealed records.
A Certificate of Rehabilitation (PC 4852 et seq.) is a court order that officially recognizes rehabilitation. It is available to people who have completed their sentence and lived in California for 5 to 7 years crime-free. It does not seal or destroy records but is an official public record of rehabilitation and serves as an automatic application for a Governor's Pardon.
A California Governor's Pardon is the highest form of post-conviction relief available in California. It does not erase the conviction but grants forgiveness and can restore civil rights including the right to own firearms (subject to federal law). Most people pursue a Certificate of Rehabilitation first, which automatically applies for a Governor's Pardon.
If you were convicted of a felony that Proposition 47 reclassified as a misdemeanor (certain drug possession and theft offenses under $950), you can petition for resentencing and reclassification. Once reclassified as a misdemeanor, you can pursue a misdemeanor expungement. The deadline to petition for Prop 47 resentencing has been extended multiple times.
California AB 1076 (effective January 2021) created an automated system for the DOJ to identify eligible records and petition courts for automatic sealing and dismissal. This covers many arrests without conviction and lower-level convictions where the sentence was completed over a year ago with no subsequent convictions. Check your DOJ RAP sheet to see if relief has already been applied.
Yes, most DUI convictions can be expunged under PC 1203.4 if you completed probation. However, a Vehicle Code 23152 DUI conviction that resulted in injury to another person (VC 23153) may not be eligible. The expunged DUI conviction can still be used as a prior offense to enhance penalties for a future DUI and does not remove the DMV record.
Without expungement or AB 1076 automatic relief, most felony convictions remain on your California criminal record permanently. They appear in DOJ background checks indefinitely. This is why pursuing PC 1203.4 relief, if eligible, or consulting an attorney about other forms of relief (PC 17(b) reduction, Certificate of Rehabilitation, Governor's Pardon) is important for employment and housing.
Arrests that did not result in conviction are handled under PC 851.87 (petition to seal arrest record), not PC 1203.4. If you were arrested but charges were never filed, or were filed and then dismissed, you may petition to have the arrest sealed and destroyed. Under AB 1076, many such arrests are automatically sealed. Consult an attorney to identify which relief applies to your specific case.
No. Expungement is a civil proceeding and you can file the petition yourself (pro se) using the Judicial Council forms. However, an attorney can ensure the petition is filed correctly, represent you at the hearing, and identify whether additional relief (PC 17(b) reduction, sealing, Certificate of Rehabilitation) would benefit you. For complex cases with multiple counts or unclear eligibility, an attorney is strongly recommended. Search the California State Bar attorney directory or contact your county bar association to find a licensed California defense attorney.
Our bail agents can answer questions about the bail and release process, 24 hours a day, 7 days a week.
📞 Free Bail Help: (916) 633-2220