An expungement in California typically takes three to four months from the day you file your petition to the day the judge signs the dismissal order. Some rural courts move faster; busy metropolitan courts in Los Angeles, San Francisco, and other major counties can run longer. The legal mechanism is a dismissal under Penal Code 1203.4, which withdraws your plea, enters a not-guilty plea, and dismisses the case.1California Legislative Information. California Code PEN 1203.4 Before you count on that three-to-four-month window, though, check whether the state has already done the work for you.
You May Not Need to Wait at All
The California Department of Justice reviews criminal records every month and automatically grants dismissals to eligible convictions without any petition.2State of California – Department of Justice – Office of the Attorney General. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425 The program reaches convictions dating back to January 1, 1973, and covers misdemeanors where probation was completed without revocation, misdemeanors and infractions without probation where at least a year has passed since judgment, and non-serious, non-violent felonies where the person completed all incarceration, probation, supervision, and parole and stayed felony-free for four years.3California Legislative Information. California Code PEN 1203.425 Serious felonies, violent felonies, and offenses requiring sex offender registration are excluded, and you cannot be on active supervision or have pending charges.
The DOJ does not send a notice when it grants automatic relief. To find out, you have to request your own criminal history record through Live Scan using Form BCIA 8016RR and pay a $25 fee.4State of California – Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own If a dismissal is already noted next to your conviction, you are done. If not, or if you need the relief faster than the DOJ’s monthly cycle would provide it, you file a petition.
How the Three to Four Months Break Down
A petition moves through several stages, and each has its own typical duration. Understanding where the weeks go helps you set expectations and spot delays.
Filing and Service (Week 1 to 2)
You file the completed Petition for Dismissal (Form CR-180) and the top of the Order for Dismissal (Form CR-181) with the clerk of the court where you were convicted.5California Courts. Petition for Dismissal6Judicial Branch of California. Order for Dismissal You also serve a copy on the prosecuting attorney, usually the District Attorney of the county of conviction. Some courts accept mail service; others require personal delivery or e-filing. This part is usually quick if your paperwork is in order.
Waiting for the Hearing Date (Week 4 to 8)
After filing, the court sets a hearing date. Four to eight weeks out is standard, though the exact interval depends on the court’s calendar. During this window, the DA reviews the petition and decides whether to object.
Hearing or Paper Decision (Around Month 3)
If the DA does not object, and probation was completed cleanly, many judges grant the petition on the paperwork alone without requiring your appearance. When someone completed probation in full, including all fines, fees, and restitution, the court is required to grant the petition.7California Courts. Record Cleaning – Misdemeanors A contested petition, or one filed by someone who had a probation violation, takes longer because a full hearing has to be calendared.
Receiving the Signed Order (Week 12 to 16)
Once the judge signs the CR-181, the clerk processes it and you generally receive the signed order by mail within a few weeks. Some courts require you to pick it up in person. Keep a certified copy: this is your proof of dismissal for background check disputes and future employer questions.
What Can Stretch the Timeline
The three-to-four-month figure assumes a routine, uncontested petition. Several situations add time.
- Court backlog. Los Angeles, San Francisco, and other major metro courts carry heavier caseloads. A petition heard in five weeks in a smaller county can take three months or more in a busy one.
- Old or archived case files. If your conviction is decades old, the physical file may sit in off-site storage. The court has to retrieve it before a judge can review the petition, adding weeks.
- Prosecutor objection. A contested petition requires a full hearing, which means scheduling around the court’s and the DA’s availability.
- Errors on your forms. A rejected filing sends you back to square one. Wrong case numbers, missing dates, or an incomplete section are the most common causes, and they are the most preventable.
- Still on probation. You cannot petition for dismissal while you are on probation for the case. If you want to expunge sooner, you must first file a separate motion for early termination of probation, which has its own timeline and can add months.
- Wobbler reduction requested at the same time. For a felony that could have been charged as a misdemeanor, you can ask the court to reduce it under Penal Code 17(b) at the same time as the dismissal. Form CR-181 has provisions for both on a single order. Doing both together does not usually add time, but a contested reduction can.8California Legislative Information. California Code PEN 17
What You Can Do to Move It Along
Before you file, order your own RAP sheet through Live Scan so you know exactly what is on your record and what you are asking the court to dismiss.4State of California – Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own Confirm your case number and the exact court location. Double-check every entry on CR-180 and CR-181 before submitting; a returned petition means starting the clock over. Serve the DA promptly and in the manner your court requires. If you cannot afford the filing fee, submit Form FW-001 with the petition rather than after, so a fee waiver decision does not delay processing.9California Courts. Request to Waive Court Fees Filing fees themselves vary by county from nothing to $240, with $60 for misdemeanors and $120 for felonies being common amounts.
How Long Until It Shows Up on Background Checks
Getting the signed order is not the last step for most people. After the judge signs, the court notifies the DOJ, which updates your state criminal history to note the dismissal.10State of California – Department of Justice – Office of the Attorney General. Sealing Orders The conviction still appears on your RAP sheet; it just carries a notation showing it was dismissed. Law enforcement and certain government agencies still see the full history.
Private background check companies are a separate matter. Under the federal Fair Credit Reporting Act, these companies must use reasonable procedures to keep their reports accurate.11Office of the Law Revision Counsel. United States Code Title 15 1681c In practice, commercial databases can take weeks or months to reflect a dismissal. If a dismissed conviction still shows up as an open conviction on a background report, you can dispute the entry directly with the reporting company, and a certified copy of your CR-181 makes that dispute straightforward.
California’s Fair Chance Act also prohibits most employers from asking about or considering dismissed convictions, though positions in healthcare, banking, education, and law enforcement can be exempt when the employer is legally required to run a background check.12California Courts. Criminal History and Job Applications
What the Dismissal Does Not Do
People who ask how long the process takes are often planning around the end result, so it helps to know the boundaries of what you get at the end. A 1203.4 dismissal is not a full erasure. Firearm prohibitions tied to the underlying conviction are not lifted; the exceptions on the CR-181 form specifically reference Penal Code 29800 and 29900.13California Legislative Information. California Code PEN 29800 You still have to disclose the conviction when directly asked on applications for public office or state or local licensing, though many licensing boards have loosened their treatment of dismissed convictions.1California Legislative Information. California Code PEN 1203.4 The conviction can still be used as a prior in a future criminal case; the statute says the prior “shall have the same effect as if probation had not been granted or the accusation or information dismissed.” Federal immigration authorities are not bound by a state-level dismissal, so any immigration consequences of the original conviction generally persist.
For private-sector employment, housing applications, and most day-to-day background checks, the practical benefit is real, and for most people it arrives within about a season of filing.