Quick Answer
California gives several paths to clear a criminal record. PC § 1203.4 is the traditional “expungement” for probation cases. PC § 851.91 lets you seal arrest records when no conviction resulted. PC § 1203.41, § 1203.42, and § 1203.425 (the automatic record relief statute) cover additional categories. Each path has different eligibility, different timing, and different effects on employment, immigration, and firearm rights.
Key Takeaways
- PC § 1203.4 (“expungement”) — for defendants who successfully completed probation, not available for certain offenses.
- PC § 851.91, petition to seal an arrest where no conviction resulted (charges declined, dismissed, or acquitted).
- PC § 1203.41, relief for felony jail-sentence cases under realignment.
- PC § 1203.42, relief for old pre-Prop 47 felony cases.
- PC § 1203.425, automatic record relief (effective 2023) for many qualifying convictions and arrests, no petition required.
- Expungement does NOT restore firearm rights (PC § 17 reclassification of a felony wobbler to misdemeanor often does).
- Expungement does NOT remove a conviction for immigration purposes, the underlying conviction still counts.
- Most convictions can be expunged 1 year after probation ends or 5+ years after conviction if no probation was imposed.
PC § 1203.4, the traditional “expungement”
PC § 1203.4 allows a defendant who successfully completed probation to withdraw the plea (or set aside the verdict), enter a not-guilty plea, and have the case dismissed. After 1203.4 relief, the defendant can truthfully answer “no conviction” on most private-sector employment applications (Labor Code § 432.7).
Eligibility
- Defendant successfully completed probation (or was discharged early), OR
- The court grants the petition “in the interests of justice” even with technical violations.
- Excluded offenses: certain serious certain enumerated offenses (PC §§ 261.5(d), 286(c), 287(c), 288, 288.5, 289(j)); some DUI-related vehicle code offenses (VC §§ 42002.1, 23152 with certain priors).
- Defendant is not currently charged with, on probation for, or serving a sentence for another offense.
Process
File a petition (Judicial Council Forms CR-180 / CR-181) in the court where the conviction occurred. Pay the filing fee or apply for a waiver. The prosecution has 15 days to respond. The court usually grants 1203.4 relief if eligibility is met, with hearings reserved for contested cases.
PC § 851.91, sealing arrest records
If an arrest never led to a conviction, charges declined, dismissed, dismissed under PC § 1385, acquittal, vacated conviction, PC § 851.91 lets you petition to seal the arrest record. The arrest is then “deemed not to have occurred” for nearly all purposes, including employment background checks.
Eligibility: Petitioner shows the arrest did not result in a conviction (or that the conviction was vacated). The court must find sealing is in the interests of justice. Excluded: arrests for serious certain enumerated offenses subject to PC § 290 registration, arrests where prosecution is barred by statute of limitations or another technicality (limited, check current case law).
PC § 1203.41, felony jail-sentence relief (realignment)
For defendants sentenced to county jail on a felony under PC § 1170(h) (realignment), PC § 1203.41 allows relief after 1 year of completed jail sentence (no probation imposed) or after 2 years (split sentence with mandatory supervision).
PC § 1203.42, old felony cases
PC § 1203.42 lets defendants sentenced to state prison for offenses that would now qualify for county-jail sentencing under realignment get post-conviction relief, but only after 2 years from completion of sentence and only if the conduct would not be a strike under current law.
PC § 1203.425, automatic record relief (the Clean Slate Act)
Since 2023, California automatically clears qualifying records under PC § 1203.425. The Department of Justice identifies eligible arrests and convictions and provides automatic relief, no petition required. Qualifying records include arrests with no conviction (after specified time periods), and most misdemeanor and many felony convictions where probation is completed.
This is excellent news for many people, but it is not visible to the defendant, relief happens at the database level. Check your record through a Live Scan personal record request (PC § 11122) or order your California DOJ record to confirm clearance.
What expungement DOES and DOESN’T do
DOES
- Lets you answer “no” to “have you been convicted of a crime” on most private-sector employment applications.
- Removes the conviction from many background-check databases over time.
- Restores certain rights (jury service, voting was already restored).
- Helps with professional licensing in many fields (though boards do their own review).
DOESN’T
- Restore firearm rights (use a wobbler reduction under PC § 17(b) plus, in some cases, a § 4852.01 Certificate of Rehabilitation).
- Erase a conviction for immigration purposes, federal immigration law still counts the underlying plea (8 U.S.C. § 1101(a)(48)).
- Erase a conviction for prior-strike or prior-conviction enhancement purposes.
- Lift mandatory registration under PC § 290 (separate Tiered Registry petition under PC § 290.5 required).
- Prevent disclosure when applying for jobs as a peace officer, public employment, or where the application specifically asks for expunged records.
Restoring firearm rights
For a felony wobbler reduced to a misdemeanor under PC § 17(b), firearm rights are generally restored. For straight felonies, restoration requires a pardon or a Certificate of Rehabilitation under PC §§ 4852.01-4852.21. A separate federal firearm prohibition under 18 U.S.C. § 922(g) may persist even with state relief, careful analysis is required.
Wobbler reduction, PC § 17(b)
For wobblers (offenses that can be charged as misdemeanors or felonies), the court can reduce a felony conviction to a misdemeanor at sentencing or after probation completion. PC § 17(b) reduction often precedes a § 1203.4 expungement and is critical for firearm rights, professional licensing, and immigration.
What to do right now
- Pull your California DOJ record, that’s the source of truth.
- List every conviction and arrest. Note dates and case numbers.
- Identify which paths apply to each entry.
- Consider the sequence, wobbler reduction first, then 1203.4 expungement, then arrest seal where eligible.
- If immigration, firearms, or licensing are stakes, factor those in before any plea modification.
Related pages
- Charged with a crime in LA? Start at the criminal defense practice overview.
- Constitutional Defense in California: how the Bill of Rights actually works in your case.
- First Amendment Defense: criminal threats (PC 422), protest arrests, recording police.
- Fourth Amendment Defense: searches, seizures, motions to suppress under PC 1538.5.
- What to do when pulled over in California
- What to do if you are arrested in California
- Charge areas: DUI, Drug Crime, Domestic Violence, Weapons, Theft
Skip to content