California Expungement
California Expungement: Clear Your Record and Move Forward
California law allows most people who successfully completed probation to petition the court to dismiss their conviction under Penal Code § 1203.4. A dismissal removes the barrier that a criminal conviction creates for employment, housing, and professional licensing.
Who Qualifies in California
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
You were convicted of a misdemeanor or felony and successfully completed probation, or probation was terminated early by the court in your favor.
You are not currently charged with a criminal offense, on probation for any offense, or serving a sentence for any offense at the time of filing.
For felony convictions, the offense must not have been prosecuted in state prison (pre-2011 realignment cases may require a separate motion under PC § 17(b) to reduce to a misdemeanor first).
You completed all terms of your sentence, including payment of fines and restitution, completion of any required classes or community service, and any other court-ordered conditions.
If probation was revoked at any point, you may still qualify if the court later reinstated and you completed the remaining terms, though the judge retains discretion to deny relief.
Convictions for most infractions are also eligible for dismissal, though infractions rarely appear on background checks and petitions are uncommon.
Important exceptions: Convictions requiring sex offender registration under Penal Code § 290 are categorically ineligible for expungement. Certain serious felonies prosecuted in state prison (where a state prison sentence was imposed, not jail) are also excluded unless the conviction was later reduced under PC § 17(b). Offenses against children under age 14 listed in PC § 667.5(c) cannot be dismissed under this statute.
How It Works
The California Process
We begin with a comprehensive case review, pulling your court records and probation status to confirm eligibility under California Penal Code § 1203.4, then prepare and file your petition for dismissal in the superior court where you were originally convicted.
The court typically schedules a hearing within 30 to 90 days of filing; in many counties the judge rules on the papers without requiring your appearance, though we prepare you for a hearing if the prosecutor contests the petition.
Once the court grants the dismissal, we obtain the certified order and transmit it to the California Department of Justice for update of the state criminal history repository, so the record reflects the dismissal on background checks conducted through California's Live Scan system.
Typical Timeframe
2–4 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in California is California Penal Code § 1203.4. This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in California for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
More on California Expungement
Expungement in Other States
Texas
Texas expunction removes arrests from your record; nondisclosure seals eligible convictions. Learn eligibility and timelines for Texas record clearing.
Florida
Florida offers record sealing (§ 943.059) and expungement (§ 943.0585) for eligible offenses. Timelines 4–6 months.
New York
New York offers sealing of up to 2 convictions under CPL § 160.59 after a 10-year clean period. Learn eligibility and timelines (6–18 months).
Georgia
Georgia's "record restriction" under O.C.G.A. § 35-3-37 limits public access to eligible arrest records. Timelines 3–6 months.
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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