How to Expunge a Criminal Record in California (Penal Code 1203.4)
Updated: 21 minutes ago
The short answer: in California, "expungement" means asking the court that convicted you to withdraw your guilty or no contest plea, enter a not guilty plea, and dismiss the case under Penal Code section 1203.4 or one of its companion statutes. You qualify once you have completed probation, or one year has passed on a misdemeanor without probation, you are not currently charged with or serving a sentence for another offense, and you file a petition on Judicial Council form CR-180 with the court that handled your case. The dismissal does not erase the record, but it changes the conviction to a dismissal on most background checks and lets you answer many employer questions truthfully with "no conviction."
This guide walks through eligibility, the filing process in Riverside, San Bernardino, Los Angeles, and Orange County courts, the related tools that make an expungement more valuable, and the limits you need to understand before you file.
What Does Expungement Actually Do in California?
What the statute says. Penal Code section 1203.4 provides that a defendant who has fulfilled the conditions of probation, or who has been discharged early, or whom the court in its discretion finds deserving in the interests of justice, shall be permitted to withdraw the plea of guilty or no contest and enter a plea of not guilty, or if convicted after trial shall have the verdict set aside, and the court shall then dismiss the accusatory pleading. From that point the person is released from all penalties and disabilities resulting from the offense, with specific exceptions written into the statute.
The practical effect is on employment. Under Labor Code section 432.7, private employers in California may not ask about or consider a conviction that has been judicially dismissed, and under the Fair Chance Act in Government Code section 12952, employers with five or more employees may not ask about conviction history before making a conditional offer and must consider evidence of rehabilitation afterward. A dismissed conviction still appears on a court-generated criminal history, but it shows as dismissed under section 1203.4, and commercial background check companies are generally required to report it that way.
The limits are just as important. The statute itself says the dismissal does not relieve you of the duty to disclose the conviction when applying for public office, when applying for a state license, when contracting with the California State Lottery, or when questioned in a later criminal prosecution. The conviction can still be used as a prior to increase punishment in a later case, including as a prior DUI. It does not restore firearm rights lost because of the conviction. It does not end a duty to register as a sex offender under Penal Code section 290. It does not remove a DMV record or points, and for immigration purposes federal authorities generally still treat the conviction as a conviction.
Who Is Eligible for Expungement Under Penal Code 1203.4?
Four core requirements. First, you must have completed probation, been discharged from probation early, or persuade the court that relief is appropriate in the interests of justice even though you violated probation. Second, you must not be currently serving a sentence for any offense. Third, you must not be on probation for any offense. Fourth, you must not be charged with the commission of any offense. If you are on probation in another case, that case has to close first, or you need to ask for early termination in both.
Some convictions are excluded no matter what. Penal Code section 1203.4, subdivision (b) lists offenses that cannot be dismissed, including certain sex offenses against children under Penal Code section 286, Penal Code section 288, Penal Code section 288.5, and Penal Code section 289, and specified Vehicle Code offenses listed in the statute, such as Vehicle Code section 42002.1. A felony conviction that resulted in a state prison sentence is generally not eligible under section 1203.4, because section 1203.4 requires a grant of probation, although the separate statutes discussed below cover many people sentenced to county jail or prison.
Misdemeanors without probation. If you were convicted of a misdemeanor or infraction and probation was never granted, the relevant statute is Penal Code section 1203.4a. Under that section you may petition once a year has passed since the judgment, provided you complied with the sentence, are not serving a sentence or on probation, and are not charged with a new offense. Fines must be paid and any jail time completed before the court will grant relief.
Felonies Sentenced to County Jail or Prison
County jail felonies. Since realignment in 2011, many felonies are punished with a county jail sentence under Penal Code section 1170, subdivision (h) rather than a state prison term. Penal Code section 1203.41 allows a person who served that kind of county jail felony sentence to petition for the same relief as section 1203.4, after a waiting period following completion of the sentence, with the length of the waiting period depending on whether the sentence included a period of mandatory supervision.
Pre-realignment prison sentences. Penal Code section 1203.42 extends similar relief to people who were sentenced to state prison before realignment for an offense that would now be punishable in county jail, after a waiting period. These sections have their own timing rules and exceptions, so check the current statute text or have a lawyer confirm your eligibility.
Common requirements. Both of these statutes require that you not be under supervision, not be serving a sentence, and not be charged with a new offense. For someone with a prison record, they can be the difference between a background check showing a felony conviction and one showing a dismissal, which is why they are underused and worth asking about.
Step One: Reduce a Felony to a Misdemeanor Under Penal Code 17(b)
Ask for the reduction first. If your conviction is a wobbler, an offense that can be punished as either a felony or a misdemeanor, you should ask the court to reduce it to a misdemeanor under Penal Code section 17, subdivision (b) before or at the same time as the expungement. A reduction under section 17(b) declares the offense a misdemeanor for all purposes going forward, which means you are no longer a convicted felon under California law, and a later dismissal under section 1203.4 then dismisses a misdemeanor rather than a felony. The court considers the nature of the offense, your record, and your conduct since the conviction. Form CR-180 includes a box to request the section 17(b) reduction along with the dismissal, and the order is entered on form CR-181.
The reduction is discretionary, so support it. The petition should be supported with a declaration describing your work history, education, family responsibilities, and any treatment or community involvement since the conviction. Judges in Riverside and San Bernardino County routinely grant reductions for older wobbler convictions with clean records since, and routinely deny them when the petition is a bare form with no supporting facts.
Step Two: Terminate Probation Early If You Are Still on Probation
Early termination. Penal Code section 1203.3 gives the court authority to revoke, modify, or change its order of probation at any time, including terminating probation early, when the ends of justice will be served and the good conduct and reform of the person warrant it. A motion for early termination is usually filed after at least half of the probation term has been completed, with all fines, restitution, classes, and other conditions finished. Prosecutors must be given notice, and the court will want to see that the probation department has no objection. The motion can be combined with a request for a section 17(b) reduction and a section 1203.4 dismissal so that all three orders are entered at one hearing.
Shorter probation terms since 2021. Since 2021, most misdemeanor probation terms are capped at one year and most felony probation terms at two years under Penal Code section 1203a and Penal Code section 1203.1, with exceptions for offenses that carry a specific probation length in their own statutes, such as domestic violence under Penal Code section 1203.097 and DUI under Vehicle Code section 23600. Many people who were placed on longer probation before those changes are now eligible for expungement sooner than they realize.
Step Three: File the CR-180 Petition
The forms. The petition is filed on Judicial Council form CR-180, Petition for Dismissal, in the court that entered the conviction, and the order is on form CR-181, Order for Dismissal. You will need the case number, the code section and date of conviction, whether probation was granted, and the date probation ended. The form lets you indicate whether you are petitioning under section 1203.4, section 1203.4a, section 1203.41, or section 1203.42, and whether you are also requesting a section 17(b) reduction. You may attach a declaration and supporting documents such as proof of completed classes, a letter from an employer, or evidence of restitution paid.
Notice, fees, and where to file. Penal Code section 1203.4 requires that the prosecuting attorney be given at least 15 days' notice of the petition, so a copy of the petition must be served on the District Attorney, and in some cases the city attorney, before the hearing. The court may charge a filing fee set by statute; each county's clerk lists the current amount, and a fee waiver may be available.
Inland Empire and Los Angeles courthouses. In Riverside County, petitions are generally filed with the criminal clerk at the courthouse where the case was heard, such as the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Larson Justice Center in Indio, or the Banning Justice Center. San Bernardino County petitions go to the San Bernardino Justice Center or the branch that handled the case, such as Rancho Cucamonga, Fontana, Victorville, or Joshua Tree. In Los Angeles County the petition goes to the courthouse where the case was heard, whether that is the Clara Shortridge Foltz Criminal Justice Center downtown, Van Nuys, Pomona, Long Beach, Torrance, Compton, or Pasadena. Check the court's current website for the filing location, whether electronic filing is available, and how the court sets hearings on these petitions.
The hearing, if any. Many courts rule on uncontested petitions without a hearing. If the District Attorney objects, usually because of a probation violation, unpaid restitution, or a new arrest, the court sets a hearing and you or your lawyer must appear and explain why relief should be granted in the interests of justice. When the court grants the petition, obtain certified copies of the signed CR-181 order and keep them; you will need them for employers, licensing boards, and background check disputes.
Automatic Record Relief Under Penal Code 1203.425
Automatic dismissal. California now dismisses many convictions automatically. Under Penal Code section 1203.425, the Department of Justice reviews its records and grants relief without a petition for eligible convictions, including many misdemeanors and infractions and, as expanded in recent years, many felonies that did not result in a prison sentence and are not serious, violent, or sex offenses, after a waiting period with no new convictions. The relief is the same as a section 1203.4 dismissal and carries the same limits.
Why you may still need to file. In practice, automatic relief has been rolling out gradually and does not cover every eligible case, and records held by commercial background check companies are not always updated. If your conviction should have been dismissed automatically but still shows as a conviction, filing a CR-180 petition is the fastest way to get a signed order you can show to an employer.
Sealing an Arrest That Did Not Lead to a Conviction
Sealing, not expungement. If you were arrested but never charged, or the case was dismissed or you were acquitted, expungement does not apply because there is no conviction. The right tool is Penal Code section 851.91, which allows you to petition to seal the arrest record so that it is deemed not to have occurred for most purposes. If you completed certain diversion programs, statutes such as Penal Code section 851.87 provide for sealing the arrest.
Factual innocence and cannabis. A person who can show factual innocence may seek a finding under Penal Code section 851.8, which is a higher standard but results in destruction of the arrest records. Cannabis convictions that are no longer crimes after Proposition 64 can be reduced or dismissed under Health and Safety Code section 11361.8.
When You Need More Than an Expungement
Know what an expungement cannot do. An expungement does not restore firearm rights, does not end sex offender registration, and does not help with immigration. For a felony conviction that resulted in a prison sentence, a Certificate of Rehabilitation under Penal Code section 4852.01 is the route to a Governor's pardon, which can restore some rights.
Non-citizens. Non-citizens should not file anything without immigration advice, because a post-conviction motion to vacate the conviction under Penal Code section 1473.7, based on a failure to understand immigration consequences at the time of the plea, may be far more valuable than a section 1203.4 dismissal, and the two remedies affect each other.
Frequently Asked Questions
How long does an expungement take in California?
Usually a few weeks to a few months. Timing depends on the county and whether the District Attorney objects. After the CR-180 petition is filed and served with the 15-day notice required by Penal Code section 1203.4, uncontested petitions in Riverside, San Bernardino, and Los Angeles County courts are often granted within a few weeks to a few months without a hearing. Contested petitions, or petitions that also request a felony reduction under Penal Code section 17, subdivision (b), are set for a hearing and take longer. Check the court's current website for its processing times.
Can I get an expungement if I violated probation?
Possibly. Penal Code section 1203.4 gives the court discretion to grant the dismissal in the interests of justice even when probation was not completed perfectly. The petition should explain the violation, show that probation was ultimately completed or terminated, and document your conduct since. Judges look at how serious the violation was, how long ago it occurred, and whether you have stayed out of trouble. A bare petition with a violation on the record is often denied; a petition with a supporting declaration and evidence of rehabilitation is often granted.
Does an expungement remove the conviction from background checks?
No. The conviction remains in court and Department of Justice records, but it is shown as dismissed under Penal Code section 1203.4. Under Labor Code section 432.7, most private employers may not ask about or rely on a judicially dismissed conviction, and background check companies must report the dismissal. You must still disclose the conviction when applying for public office, for a state license, for a contract with the State Lottery, and in some other settings the statute identifies.
Can a DUI be expunged in California?
Yes. A misdemeanor DUI conviction under Vehicle Code section 23152 can be dismissed under Penal Code section 1203.4 after probation is completed, and a felony DUI sentenced to county jail may qualify under Penal Code section 1203.41. The dismissal does not affect the DMV record, does not remove the conviction as a prior for a later DUI within the ten-year period, and does not undo any license suspension. It does help with private employment background checks. For the DUI case itself, see Fighting DUI Charges in Riverside County and our DUI defense page.
Can I own a gun after an expungement?
No. Penal Code section 1203.4 states that the dismissal does not permit a person to own, possess, or have custody or control of a firearm if the conviction would otherwise prohibit it. Felony convictions and certain misdemeanor convictions, including domestic violence offenses covered by Penal Code section 29805, continue to bar firearm possession after a dismissal. A felony reduced to a misdemeanor under Penal Code section 17, subdivision (b) may restore California firearm rights in some circumstances, but the analysis is case-specific and federal law must also be considered.
Do I need a lawyer to expunge my record?
Not always, but often it helps. You can file a CR-180 petition on your own, and the courts' self-help centers assist with the form. A lawyer adds value when the case is more than a simple misdemeanor with completed probation: when a felony reduction under Penal Code section 17, subdivision (b) is requested, when probation was violated, when early termination under Penal Code section 1203.3 is needed first, when the District Attorney objects, or when immigration or licensing consequences are involved. In those situations the supporting declaration and the argument at the hearing usually determine the result.
Get Help Clearing Your Record in the Inland Empire and Southern California
Gramling Law Group handles expungements, felony reductions, early termination of probation, and arrest record sealing in Riverside County, San Bernardino County, Los Angeles County, Orange County, and throughout Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options, so you can hire us for the petition alone or for the full package of reduction, early termination, and dismissal. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
Need a conviction dismissed in the Inland Empire? See our Riverside, San Bernardino, and Redlands criminal defense pages and our Inland Empire criminal defense attorney page.
Gramling Law Group
3600 Lime St, Bldg 2, Riverside, CA 92501
Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
Follow Daniel Gramling on Instagram: @californiafamilylawyer
Comments