How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction stays on your record in California indefinitely unless you take steps to clear it. The California Department of Justice keeps criminal history information in its statewide database until you turn 100, so there is no built-in expiration date.¹ What has changed is who gets to see the record and for how long. California now runs an automatic relief program that quietly clears many eligible misdemeanors, and you can also petition the court for a dismissal. Separately, most private employment background checks are barred from reporting a conviction older than seven years.

What the State Database Actually Holds

The Department of Justice compiles arrests, charges, court outcomes, and sentencing details reported by law enforcement agencies, prosecutors, and courts. That record sits in the system until you reach 100 years of age. A misdemeanor from your twenties can technically stay in the database for another 70 or 80 years.

The department only releases this information to entities legally authorized to receive it. Criminal justice agencies get full access. Employers who are entitled to run a DOJ-level check see a filtered version limited to what the Penal Code allows them to see.² So the record’s long life inside the state system does not mean every landlord or employer will see it.

The Seven-Year Cap on Most Background Checks

Under California’s Investigative Consumer Reporting Agencies Act, consumer reporting agencies generally cannot include conviction records older than seven years when preparing a background check for most employment purposes. That is stricter than federal law. The federal Fair Credit Reporting Act’s seven-year lookback covers items like civil judgments, collection accounts, and arrests that did not lead to conviction, and it specifically exempts criminal convictions from the cap.³

Practically, a California misdemeanor that is more than seven years old and has not been dismissed will often stop appearing on the standard employment background checks that third-party screening companies run. Government databases and law enforcement systems still retain it. If you apply for a government job, a professional license, or go through any check that is not a standard employment screen, the conviction can still show up regardless of age.

Automatic Record Relief

Since 2022, California has been granting conviction relief automatically. The Department of Justice reviews statewide criminal justice databases every month and grants relief to eligible records going back to January 1, 1973.² Eligible records get a notation of relief, and the department sends electronic notice to the courts. You do not file anything.

To qualify for automatic misdemeanor relief, all of the following must be true:

You completed probation for the full term without revocation, or, if you had no probation, you completed your sentence and at least one calendar year has passed since the date of judgment.
You are not on active local, state, or federal supervision.
There are no pending criminal charges in the department’s records.
You are not currently serving a sentence for any offense.
You are not required to register under the Sex Offender Registration Act.

The determination runs on the data already in the system. If a court or agency never reported a disposition, your record may not get flagged even though you qualify. Automatic relief is a safety net, not a guarantee. Requesting your own criminal history record from the department is the only way to confirm what has actually happened on your case.

Petitioning for Dismissal

If automatic relief has not cleared your misdemeanor, or you want to move faster than the monthly review cycle, you can petition the court. Which section you file under depends on whether you were placed on probation.

If You Were on Probation (Penal Code 1203.4)

Under Penal Code 1203.4, you ask the court to let you withdraw your guilty or no-contest plea, enter a not guilty plea, and dismiss the case. Eligibility requires that you completed probation for the full term or were discharged early, that you are not currently serving a sentence or on probation for another offense, and that you have no pending criminal charges.⁴

Certain offenses are excluded, including specific sex crimes involving children (Penal Code sections 286(c), 288, 288.5, and 289(j)), certain child pornography offenses, and a felony statutory rape conviction under Penal Code 261.5(d). Infractions and certain Vehicle Code violations are also excluded.⁴

Even if you violated probation, a judge has discretion to grant the dismissal in the interest of justice. Those cases are harder, and the judge will look closely at what you have done since, but you are not automatically barred from filing.

If You Were Not on Probation (Penal Code 1203.4a)

If you were convicted of a misdemeanor without probation, Penal Code 1203.4a applies. You must wait at least one year from the date of conviction to file. You still must not be serving a sentence, on probation, or facing pending charges on any other offense.

How To File

The mechanics are the same either way. File a Petition for Dismissal on Judicial Council Form CR-180 with the superior court in the county of conviction.⁵ Serve a copy on the district attorney. The court sets a hearing, though some courts decide straightforward petitions without requiring you to appear. If granted, the court issues an Order for Dismissal on Form CR-181.⁶

Filing fees are typically around $60 and vary by county. A fee waiver is available if you cannot afford it. Attorneys who handle these petitions generally charge between $750 and several thousand dollars depending on complexity, though many people file on their own. A clean misdemeanor petition with completed probation often finishes in two to four months. Cases with probation violations or DA opposition take longer.

What a Dismissal Actually Changes

A dismissal does not erase your record. The conviction still exists in the DOJ database, but it now carries a notation that it was dismissed. What that changes in daily life is meaningful.

Employment. Once your conviction has been dismissed, most private employers cannot ask about it or use it against you. California’s Fair Employment and Housing regulations prohibit employers from inquiring about or considering convictions that have been judicially dismissed under Penal Code 1203.4.⁷ Even before dismissal, California’s Fair Chance Act keeps most employers from asking about criminal history on the initial application or before a conditional offer.⁸

Housing. Landlords face growing limits on using criminal history to screen tenants, and many California cities have their own ordinances on top of state rules. A dismissed conviction carries less weight than an active one and gives you a concrete legal response if a landlord raises it.

Licensing. State licensing boards for law, medicine, teaching, real estate, and similar regulated professions can still see and consider dismissed convictions. A dismissal helps but is not an automatic shield here the way it is with most private employers.

Where a Dismissal Will Not Help

Immigration. Federal immigration law does not recognize a Penal Code 1203.4 dismissal as eliminating a conviction. The Ninth Circuit has held that a person “continues to stand convicted of an offense notwithstanding a later expungement under a state’s rehabilitative law.”⁹ If you are not a U.S. citizen and have a misdemeanor for a crime involving moral turpitude, drugs, domestic violence, or firearms, a California dismissal will not protect you from deportation or from denial of a visa or green card. Talk to an immigration attorney before relying on it.

Firearms. Some misdemeanor convictions carry a firearms prohibition that survives dismissal. Domestic violence convictions trigger both a state and federal firearms ban that a 1203.4 dismissal does not lift. Misdemeanor assault with a firearm and certain other offenses carry California-specific firearms restrictions that also remain in place after dismissal.

Future criminal cases. Prosecutors and courts can still see the dismissed conviction and use it for sentencing. A dismissed misdemeanor DUI still counts as a prior when calculating enhanced penalties for a later DUI within the lookback period.

Federal background checks. Federal agencies and programs that run their own investigations are not bound by California’s dismissal. Security clearances, TSA PreCheck, and Global Entry evaluate criminal history on their own terms, and a dismissed conviction can still affect eligibility depending on the offense.¹⁰

Private Background Check Companies May Not Update

Even after the court dismisses the case and the DOJ updates its records, private background check companies may keep showing the conviction. These companies buy bulk court data and run their own databases; they do not automatically refresh when a court issues a new order. If a prospective employer or landlord uses one of these services, a dismissed case can still surface as an active one.

You have the right under federal and state law to dispute inaccurate information on a background report. Send the screening company a copy of your CR-181 order and demand a correction. Some companies are slow, but the legal obligation to update is there. Keep certified copies of the dismissal order on hand so you can respond quickly when this comes up.

1
State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions – General
2
State of California – Department of Justice – Office of the Attorney General. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425
3
Office of the Law Revision Counsel. United States Code Title 15 Section 1681c
4
California Legislative Information. California Penal Code 1203.4 – Dismissal of Accusation
5
Judicial Branch of California. Petition for Dismissal (CR-180)
6
California Courts Self Help Guide. Order for Dismissal
7
California Civil Rights Department. Fair Employment and Housing Council Consideration of Criminal History
8
California Civil Rights Department. Fair Chance Act – Criminal History and Employment
9
Ninth Circuit Court of Appeals. Criminal Issues in Immigration Law
10
Transportation Security Administration. Disqualifying Offenses and Other Factors