How Long Do Courts Keep Criminal Records in California?

California courts keep criminal records for anywhere from one year to 75 years, and capital felony files are kept permanently. The exact number depends on the offense: Government Code 68152 sets a one-year floor for basic infractions, five years for most misdemeanors, ten years for DUI and reckless driving, and 75 years for most felonies.¹ Those numbers only govern the court’s own case file, though. The California Department of Justice runs a separate statewide criminal history database and holds records there until the person turns 100.² So a conviction usually outlives the paperwork at the courthouse.

Felony Records

Most felony case files stay with the court for 75 years under Government Code 68152. Capital felony files are retained permanently. Retention covers the physical and electronic file: transcripts, minute orders, exhibits.¹

The DOJ compiles a parallel record of arrest and prosecution, the RAP sheet, from information submitted by courts, police, and prosecutors. Its retention policy is to hold criminal history information until the subject reaches age 100.² Access is restricted to law enforcement and authorized agencies such as licensing boards.³ Even after a court eventually purges a felony file, the DOJ record is what background checks and future sentencing enhancements draw from.

Misdemeanor Records

Misdemeanor retention under Government Code 68152 varies by offense rather than following one blanket rule:¹

General misdemeanors: five years.
DUI and reckless driving under Vehicle Code sections 23103, 23152, and 23153: ten years.
Dismissed misdemeanors: one year from the date of dismissal.
Dismissals granted under Penal Code 1203.4: the same period as the underlying offense; if the underlying file has already been destroyed, the dismissal record is kept for five years.
Certain marijuana misdemeanors: two years from conviction, provided all fines are paid and all sentence terms are completed.

The court’s clock is a floor, not a ceiling. When a court destroys its misdemeanor file, the DOJ database may still carry the conviction, and background searches draw from there.

Infraction Records

Infractions have the shortest court retention of any criminal case. Government Code 68152 requires courts to keep general infraction records for at least one year and Vehicle Code infractions for three years.¹

Traffic violations sit on a second track. The DMV keeps its own records and discloses conviction abstracts under Vehicle Code 1808 on these schedules:⁴

DUI-related violations: ten years.
Two-point violations such as hit-and-run or driving on a suspended license: seven years.
All other violations and accidents: three years.

A traffic infraction that disappears from the courthouse after a year can still sit on your DMV record for three years or more, and that record is what insurers and licensing decisions rely on.

Juvenile Records

Juvenile records run on age, not on years-since-case-closed. Under Welfare and Institutions Code 826, the destruction date depends on the type of petition:

Dependency cases under Section 300: destroyed when the person turns 28.
Status offenses under Section 601, such as truancy or curfew violations: destroyed when the person turns 21.
Delinquency cases under Section 602: destroyed when the person turns 38.

The probation officer may destroy their own file five years after the court’s jurisdiction ends. Before the court’s mandatory destruction date, records can be microfilmed or photocopied, and the person who is the subject of the record can ask the court to release it to them rather than destroy it.⁵

One exception: juvenile records that cannot be sealed under Welfare and Institutions Code 781(f), which covers offenses such as murder, specific sex crimes, and cases where the minor was tried as an adult, are exempt from destruction and survive past those age thresholds.

How Long Convictions Show Up on Background Checks

Court and DOJ retention set the outer limits, but most people encounter their records through commercial background checks, which follow different rules.

The federal Fair Credit Reporting Act bars consumer reporting agencies from including arrests and other adverse non-conviction information that is more than seven years old. Convictions have no federal time limit and can be reported indefinitely.⁶

California is stricter. Its Investigative Consumer Reporting Agencies Act generally caps reporting of criminal convictions on background checks at seven years. The federal exception for positions paying $75,000 or more per year still applies and permits unlimited reporting for those higher-salary roles.⁶

Once a record is sealed or expunged, background check companies are required to keep it out of their reports. The Consumer Financial Protection Bureau has said reports must be free of information that has been expunged, sealed, or otherwise legally restricted from public access.⁷ In practice, outdated and sealed records still surface on commercial reports. When that happens you can dispute the report directly with the screening company, which is required to investigate and correct inaccuracies.

Shortening How Long a Record Follows You

Retention timelines are one thing, but California also offers ways to get a conviction dismissed so it stops functioning against you long before the court or DOJ destroys anything.

Automatic Relief

Under Penal Code 1203.425, the DOJ reviews its databases monthly and grants automatic relief to people who qualify, with no petition or court appearance required.⁸ Eligibility depends on the conviction type:

Probation completed without revocation: automatic relief once DOJ records confirm successful completion.
Infractions and misdemeanors: automatic relief after the sentence is completed and at least one calendar year has passed.
Non-violent, non-serious felonies with a conviction date of January 1, 2005 or later: automatic relief four years after completing all incarceration, probation, supervision, and parole, provided no new felony conviction during that period.

Serious felonies as defined in Penal Code 1192.7, violent felonies under Penal Code 667.5, and offenses requiring sex offender registration are excluded. So are people currently serving a sentence, on supervision, or facing pending charges.⁸

The felony piece was added by Senate Bill 731 and took effect in 2023.⁹ Before SB 731, automatic relief was limited to misdemeanors and infractions. If you have an eligible felony conviction from 2005 or later, it may already have been dismissed. Requesting your own RAP sheet from the DOJ is the way to check.

Petition-Based Dismissal

If automatic relief doesn’t reach your case, you can petition the court. Under Penal Code 1203.4, someone who completed probation or was discharged early can ask the court to withdraw the guilty plea and dismiss the case. You cannot be currently serving a sentence, on probation, or facing pending charges.¹⁰

A granted dismissal releases you from most penalties tied to the offense, but the limits are real. The dismissed conviction can still be used against you in future criminal prosecutions. You must still disclose it when applying for public office, state or local licensing, or contracts with the California State Lottery Commission. Dismissal does not restore firearm rights and does not remove sex offender registration.¹⁰ Certain sex offenses involving minors and child pornography offenses are not eligible.

Sealing Arrests Without a Conviction

If you were arrested but never convicted, Penal Code 851.91 lets you petition to seal the arrest record. It covers cases where no charges were filed, charges were dismissed, you completed diversion, or you were acquitted.¹¹ Once sealed, the arrest is unavailable to the public, though law enforcement retains access and you must still disclose the arrest when applying for peace officer positions, public office, or state and local licenses.¹²

Sealing Juvenile Records

Former wards can petition to seal juvenile records under Welfare and Institutions Code 781, either five or more years after the court’s jurisdiction ended or at any time after turning 18. The court must find that you have not been convicted of a felony or a misdemeanor of moral turpitude and that rehabilitation has been attained to its satisfaction.¹³ Once sealed, the proceedings are treated as though they never occurred, and you can legally answer “no” when asked about them. Outstanding restitution fines and court fees don’t block sealing, and someone later convicted of a disqualifying adult offense can still pursue sealing if that adult conviction has since been dismissed, vacated, or pardoned.

1
California Legislative Information. California Government Code 68152
2
California Department of Justice. Fingerprints and Background Checks Frequently Asked Questions
3
California Department of Justice. Criminal Records – Request Your Own
4
California Legislative Information. California Vehicle Code 1808 – Records of Department
5
California Legislative Information. California Welfare and Institutions Code 826.5
6
Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
7
Consumer Financial Protection Bureau. CFPB Addresses Inaccurate Background Check Reports and Sloppy Credit File Sharing Practices
8
California Legislative Information. California Penal Code 1203.425
9
California Legislative Information. Senate Bill 731 – Criminal Records Relief
10
California Legislative Information. California Penal Code 1203.4 – Dismissal of Accusation or Information
11
California Legislative Information. California Penal Code 851.91 – Petition to Seal Arrest Record
12
California Courts. Record Cleaning – Arrest With No Conviction
13
Judicial Branch of California. California Rules of Court – Rule 5.830 Sealing Records