How to File a Petition for Expungement in California

To file a petition for expungement in California, submit a Petition for Dismissal (Form CR-180) to the superior court in the county where you were convicted, along with a blank Order for Dismissal (Form CR-181) for the judge to sign. California law calls this a “dismissal” rather than an expungement, but the effect is the same: the court reopens your case, lets you withdraw your plea or sets aside the verdict, and then dismisses the charges.¹ The steps below walk through eligibility, the paperwork, filing and service, fees, and what to expect after you file.

Confirm You’re Eligible Before You File

Every path to dismissal shares one baseline rule: you cannot be currently serving a sentence, on probation or parole, or facing new criminal charges when you file.¹ Beyond that, which statute governs your case depends on your sentence.

Convictions With Probation

If you completed every condition the court imposed, the court must grant your petition. The judge has no discretion to deny you. If you violated a condition along the way, or you’re asking for dismissal before probation ends, the court can still grant relief but weighs whether dismissal serves the interests of justice.¹

Misdemeanors and Infractions Without Probation

You can petition once at least one year has passed since sentencing, you’ve fully completed the sentence, you’ve stayed out of trouble, and you have no pending charges.²

Felonies With State Prison Time

Senate Bill 731 expanded relief in 2023 to cover most felonies regardless of sentence. If you served state prison time, you can petition two years after completing your sentence, as long as the conviction does not require sex offender registration. This relief is discretionary.³

Convictions That Stay Off-Limits

Serious felonies, violent felonies, and sex offenses that trigger a registration requirement are not eligible. Federal convictions fall outside this process entirely, because California superior courts only have authority over state convictions.

Get Off Probation First If You’re Still On It

You must be completely off probation on every case before filing. If you’re still on probation, file a separate motion to end it early under Penal Code 1203.3. The court can grant early termination when your good conduct and rehabilitation justify it.⁴

Most judges expect you to have served at least half your probation term before they’ll consider it. A strong motion shows you’ve completed all conditions (classes, community service, fines, restitution), have no violations, and have a concrete reason for the request, such as a job or housing opportunity that probation status is blocking. If the court grants the motion, you can file your expungement petition immediately afterward.

Consider Reducing a Wobbler Before You Petition

If your offense is a “wobbler,” meaning the prosecutor could have charged it as either a felony or a misdemeanor, you can ask the court to reclassify it under Penal Code 17(b). This is available when you received probation or a county jail sentence rather than state prison time.⁵ A misdemeanor carries fewer collateral consequences than a felony, including for professional licensing and, for certain offenses, firearm rights. If your case qualifies, request the reduction alongside your dismissal petition.

Gather Your Case Information and Forms

Before filling anything out, pull together the case number, the date of conviction, the specific Penal Code section, and the sentence you received. If you don’t have the paperwork, request court records from the clerk’s office or obtain your criminal history through a Live Scan fingerprint check. Live Scan providers typically charge $20 to $50 on top of the state DOJ fee.

You need two core forms, both free from the California Courts website:

Petition for Dismissal (Form CR-180): your formal request, where you enter your conviction details and the basis for relief.⁶
Order for Dismissal (Form CR-181): the order the judge signs if the petition is granted. Submit it blank with your petition so the court has it ready.⁷

You’ll also need a Proof of Service form (Form POS-040) documenting who you served, when, where, and how.⁸

Fill out the CR-180 using your exact case information, and double-check every field against your court records. A mismatch between your petition and the court’s file is an easy reason for delay or denial.

File the Petition and Serve the DA

Submit the completed CR-180 and blank CR-181 to the clerk of the superior court in the county where the conviction happened. Most courts accept filings in person or by mail, and some allow electronic filing. Call the clerk’s office first to confirm what they accept and how many copies they need; some counties want the original plus several copies.

After filing, serve a copy of the petition on the District Attorney’s office in that county. If you’re still on probation because you filed a combined early-termination and expungement request, also serve the probation department. Service can be by mail, in person, or another method the court accepts. Once service is complete, fill out Form POS-040 and file it with the court to prove all parties received notice.

What Happens After You File

Once the court and the DA have your paperwork, one of two things happens. If your petition is straightforward, meaning probation was completed without violations and you clearly meet the requirements, the judge may sign the Order for Dismissal without scheduling a hearing. That’s the fastest path, and it’s what most petitioners see for clean misdemeanor cases.

If the DA objects, or the judge has questions about your eligibility or whether relief serves the interests of justice, the court will set a hearing. The DA might oppose your petition because of an active case, an outstanding registration requirement, or a belief that the conviction was too serious for relief. At the hearing, the burden is on you. Bring documentation supporting your case: proof of employment, letters of recommendation, certificates from programs you’ve completed, and anything else that shows rehabilitation.

From filing to final order, expect six weeks to several months depending on the county’s caseload and whether a hearing is needed.

Filing Fees and Fee Waivers

Fees vary by county because California delegates the amount to local ordinance. Some counties charge nothing for petitions filed after completing probation; others charge fees that can range from $60 for misdemeanors to $120 or more for felonies. Ask the clerk’s office at your courthouse for the exact figure.

If you can’t afford the fee, submit a Request to Waive Court Fees (Form FW-001) with your petition. You qualify if any one of these applies:⁹

You receive public benefits, including Medi-Cal, CalFresh, CalWORKs, SSI/SSP, General Assistance, IHSS, CAPI, WIC, Tribal TANF, or unemployment.
Your household income falls below the threshold on the FW-001 form, which scales by family size. A single-person household qualifies with gross monthly income below $2,660; a family of four qualifies below $5,500.¹⁰
You can show the court that paying the fee would prevent you from covering basic household needs, even if your income is over the threshold.

Check Whether Automatic Relief Already Covers You

You may not need to file at all. The California Department of Justice reviews criminal records monthly and automatically grants relief to people who qualify, without paperwork or a court appearance.¹¹

Misdemeanors and infractions get automatic relief once at least one year has passed since judgment and the sentence is complete. Probation cases get relief once probation appears complete in DOJ records. Felony convictions can receive automatic relief four years after completing all incarceration, supervision, and parole, provided you haven’t picked up a new felony in that time. Serious felonies, violent felonies, and sex offenses are excluded from automatic felony relief.¹¹

Automatic relief is not the same as a full dismissal. The DOJ adds a notation telling background check processors and courts to limit disclosure, but the underlying record still exists. If you want the strongest relief, or you need it faster than the automatic timeline allows, file your own petition. Request a copy of your criminal history from the California DOJ to see whether automatic relief has already been applied.

What a Dismissal Won’t Change

A granted petition clears real barriers, but the relief has limits worth knowing before you file. You still must disclose the conviction when applying for any professional license issued by a state or local agency, for public office, or for contracts with the California State Lottery Commission. A dismissal under Penal Code 1203.4 does not restore firearm rights; any prohibition from a felony or qualifying misdemeanor stays in place, and restoring gun rights takes a separate process that may not be available at all. And if you’re charged with a new crime later, the prosecution can still use the prior conviction to seek harsher penalties, including sentencing enhancements and strike allegations.¹

1
California Legislative Information. California Penal Code 1203.4
2
California Legislative Information. California Penal Code 1203.4a
3
California Courts. Record Cleaning – Felony Convictions and Proposition 47
4
California Legislative Information. California Penal Code 1203.3
5
California Legislative Information. California Penal Code 17(b)
6
Judicial Branch of California. Petition for Dismissal (CR-180)
7
California Courts. Order for Dismissal (CR-181)
8
California Courts. Proof of Service – Civil (POS-040)
9
Judicial Branch of California. Ask for a Fee Waiver if You Cannot Afford Court Fees
10
Judicial Council of California. FW-001 Request to Waive Court Fees
11
State of California – Department of Justice. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425