California Record Sealing: Eligibility, SB 731, and Petitions

California record sealing works through three separate tracks: a petition to seal an arrest that never led to a conviction, automatic sealing of most convictions once a waiting period passes, and the older option of asking a court to dismiss a conviction after probation. Which one applies to you depends entirely on what your record actually shows, and the paperwork, timing, and end result are different for each.

Sealing is stronger than dismissal. A sealed record is hidden from public view; a dismissed conviction still appears, with a note that it was dismissed. Since Senate Bill 731 took effect, automatic sealing has largely replaced the need to petition for dismissal under Penal Code 1203.4, though that older route still has its uses.

Sealing an Arrest That Did Not Lead to Conviction

Penal Code 851.91 lets you petition the court to seal an arrest record entirely.¹ You qualify if the statute of limitations expired without charges being filed, if the charges were dismissed and cannot be refiled, or if you were acquitted at trial. A separate provision, Penal Code 851.87, covers arrests where you completed a prefiling diversion program offered by the prosecutor instead of being formally charged.

You cannot be currently serving a sentence for another offense or have pending charges. If those conditions are met and your case fits a qualifying category, the court will generally grant the petition.

Automatic Sealing of Convictions Under SB 731

This is the biggest change in California record-clearing law in years, and many people who qualify do not know it exists. Since October 1, 2024, the Department of Justice reviews its criminal databases monthly and automatically seals conviction records for people who meet the eligibility criteria. No petition. No court appearance. No fee.²

The waiting periods depend on the type of conviction:

If you completed probation without a revocation, your conviction is eligible once probation ends, whether it was a misdemeanor or a felony.
For a misdemeanor or infraction with no probation, eligibility arrives one calendar year after the date of judgment.²
For a felony where probation was not completed without revocation, eligibility arrives four years after you finish all incarceration, probation, mandatory supervision, and parole, as long as you were not convicted of a new felony during that four-year window.²

The conviction must have occurred on or after January 1, 1973. You cannot be currently serving a sentence, on any form of supervision, or facing pending charges. The DOJ confirms all of this through its own records, so the process runs in the background. If you believe you qualify but your record has not been updated, you can petition the court directly rather than waiting.

Dismissing a Conviction Under PC 1203.4

Before SB 731 created automatic sealing, Penal Code 1203.4 was the main way to clean up a conviction. It is still available and useful if you want relief faster than the automatic timeline. The court withdraws your guilty plea, enters a not-guilty plea, and dismisses the case. The conviction then shows on your record as “dismissed pursuant to PC 1203.4” rather than disappearing.

You file Judicial Council Form CR-180, and the court’s ruling comes on Form CR-181. Many courts charge a filing fee; one county charges $150, with waivers available for people who cannot afford it. Fees vary across California’s 58 counties, so check with the clerk’s office where your case was handled.

The practical difference matters. A PC 1203.4 dismissal still appears on your record with the dismissal notation. Employers running background checks see the entry but are restricted from using it against you. A record sealed under SB 731 is hidden from the public record entirely and does not appear on standard background searches.³

Convictions That Cannot Be Sealed Automatically

Automatic sealing under SB 731 does not reach three categories of convictions:

Serious felonies as defined in Penal Code 1192.7(c), including murder, voluntary manslaughter, robbery, and certain assault crimes.²
Violent felonies as defined in Penal Code 667.5, covering offenses like murder, kidnapping, and certain sex crimes.
Sex offenses that require registration under Penal Code 290, which sets tiered registration periods of 10 years, 20 years, or life depending on the offense.⁴

People with these convictions may still pursue a certificate of rehabilitation or a governor’s pardon, but the automatic sealing process does not apply.

How to File a Petition to Seal an Arrest Record

Pull Your Criminal History First

Before filing anything, request your own criminal history record from the California Department of Justice. The report lists every arrest, the charges, the arresting agencies, and the final outcome. You need those details to fill out the petition accurately. The DOJ charges a $25 processing fee.⁵

Fill Out the Forms and File

Use Judicial Council Form CR-409, the Petition to Seal Arrest and Related Records.⁶ Prepare Form CR-410 as well, the proposed order the judge will sign if the petition is granted.⁷ File both with the clerk of the superior court in the county where the arrest occurred, in person or by mail.

Check every identifying field. Wrong case numbers, misspelled agency names, or incorrect arrest dates are the fastest way to have a petition sent back. Cross-reference each entry against your DOJ criminal history report.

For diversion cases under 851.87, a copy of the petition must be served on both the arresting agency and the prosecuting attorney. The prosecutor or law enforcement can request a hearing within 60 days of receiving the petition. If no hearing is requested, the court can rule on the written petition alone.

What Happens After the Court Rules

Once the court issues a sealing order, the court itself handles notification. Under Penal Code 851.92, it provides a copy to the prosecuting attorney, forwards copies within 30 days to every law enforcement agency involved in the arrest, and sends a disposition report to the Department of Justice.⁸ You do not have to distribute the order yourself.

What a Sealed Record Means for Jobs and Housing

California employers are prohibited from asking about or considering any arrest that did not result in a conviction, any conviction that has been sealed or dismissed, and any participation in a diversion program. This applies at every stage, from application through termination. The Civil Rights Department’s regulations say so explicitly: employers cannot inquire into, consider, or share information about sealed or expunged convictions.⁹

A sealed record is removed from the public court index and does not appear on standard commercial background checks. You can legally answer “no” when a private employer or landlord asks whether you have a criminal record, as long as the question refers to the sealed event. The DOJ confirms that sealed records “are not disclosed for applicant, licensing, or certification purposes.”³

For housing, the same logic applies. Landlords running background checks through commercial screening services will not see a sealed record.

Who Can Still See a Sealed Record

Sealing is powerful but not absolute. Criminal justice agencies can continue to access, share, and use sealed arrest records and investigative reports in the regular course of their duties.⁸ Police, prosecutors, and courts can still see the record when investigating crimes, filing charges, or making sentencing decisions. Physical and digital copies are stamped “ARREST SEALED: DO NOT RELEASE OUTSIDE THE CRIMINAL JUSTICE SECTOR” rather than destroyed.

Sealed records also remain in the DOJ’s state summary criminal history database with a notation reading “arrest relief granted.”⁸ For conviction records sealed under PC 1203.425, disclosure is similarly restricted to criminal justice agencies.²

Peace officer applicants and some government hires face disclosure requirements that override the sealing order. If you are pursuing a career in law enforcement or a sensitive government position, assume the sealed record will be visible to the hiring agency.

Immigration Does Not Recognize State Sealing

Federal immigration law has its own definition of “conviction” and ignores state-level sealing. Under 8 U.S.C. 1101(a)(48), a conviction exists for immigration purposes whenever a court found you guilty or you entered a guilty plea and the judge imposed any form of punishment, including probation or a fine.¹⁰ The Board of Immigration Appeals has held that state rehabilitative actions that do not vacate a conviction on the merits do not erase it for immigration purposes.

A California sealing order has no effect on deportation, visa applications, green card petitions, or naturalization. USCIS retains access to the underlying records. Failing to disclose a sealed conviction on an immigration application can lead to a finding of misrepresentation, which carries its own severe consequences, including permanent inadmissibility. If you have any immigration status concerns, consult an immigration attorney before relying on a sealing order.

Federal and Commercial Databases Can Lag

Even after a California court seals your record, the information may linger in federal databases. The FBI maintains criminal records through the Interstate Identification Index, and whether your sealed record gets updated depends on how quickly California shares the new information. California participates in the National Fingerprint File program, so the FBI generally routes queries back to the state repository rather than keeping its own copy.

Commercial background check companies sometimes pull stale data from court records, news archives, or third-party databases that have not been updated to reflect the sealing order. If a sealed record appears on a background check, you have grounds to dispute it with both the background check company and whoever relied on it. Catching those errors means watching what shows up, especially in the first year or two after the order.

1
California Legislative Information. California Code PEN 851.91 – Arrests Not Resulting in Conviction
2
California Legislative Information. California Penal Code 1203.425
3
California Department of Justice – Office of the Attorney General. Sealing Orders
4
California Legislative Information. California Code PEN 290 – Sex Offender Registration Act
5
California Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own
6
California Courts. Petition to Seal Arrest and Related Records (CR-409)
7
California Courts. Order to Seal Arrest and Related Records (CR-410)
8
California Legislative Information. California Penal Code 851.92
9
New York Codes, Rules and Regulations. 2 CCR 11017.1 – Consideration of Criminal History in Employment Decisions
10
Office of the Law Revision Counsel. 8 USC 1101 – Definitions