California does not technically expunge felony convictions. What the state offers instead, and what most people mean when they ask how to get a felony expunged in California, is a court-ordered dismissal under Penal Code 1203.4 (if you were on probation) or Penal Code 1203.42 (if you served state prison time). The conviction still exists in the court file, but the record shows the case was dismissed rather than ending in a conviction, and California law then limits how private employers and most state licensing boards can use it against you.
Check for Automatic Relief Before You File
Start here. Under Penal Code 1203.425, the California Department of Justice reviews criminal records monthly and grants automatic dismissals to people who qualify, with no petition required. For felony convictions, automatic relief is available if you completed all incarceration, probation, supervision, and parole, and four years have passed without a new felony conviction.1California Legislative Information. California Penal Code 1203.425 You cannot be required to register as a sex offender, and you cannot have active supervision or pending charges.
Request a copy of your RAP sheet from the California Department of Justice to see the current status of your record. If automatic relief has already been applied, the record will reflect a dismissal and you can stop there. If it has not, you can still file the petition yourself.
Who Qualifies to Petition for Dismissal
Eligibility depends on how you served your sentence.
If You Were on Probation
Under Penal Code 1203.4, you can petition once you have finished your full probation term or been discharged early. A past probation violation does not automatically bar you; it just gives the judge more room to deny the petition. You cannot be currently serving a sentence on another case, on probation for another offense, or facing pending criminal charges.2California Legislative Information. California Penal Code 1203.4 – Dismissal of Accusation or Information
Unpaid restitution is not a disqualifier. The statute says an outstanding restitution order or restitution fine cannot be used as grounds to deny your petition.2California Legislative Information. California Penal Code 1203.4 – Dismissal of Accusation or Information The obligation itself does not go away, but it will not block dismissal.
If You Served State Prison
Penal Code 1203.42 covers this path, and eligibility expanded on January 1, 2023, so a prison sentence is no longer an automatic bar.3Judicial Branch of California. Record Cleaning – Felony Convictions and Proposition 47 You must meet all of the following:
- At least two years have passed since you finished your prison sentence, including any parole or supervised release.4California Legislative Information. California Penal Code 1203.42
- You are not currently on supervised release, serving a sentence, on probation, or facing pending charges.4California Legislative Information. California Penal Code 1203.42
- The conviction does not require you to register as a sex offender.3Judicial Branch of California. Record Cleaning – Felony Convictions and Proposition 47
As with probation cases, unpaid restitution cannot be used to deny the petition.4California Legislative Information. California Penal Code 1203.42
Reduce a Wobbler to a Misdemeanor First
Some California felonies are wobblers, meaning the prosecution could have charged them as either a felony or a misdemeanor. If your conviction is for a wobbler and you were sentenced to probation rather than state prison, you can ask the judge to reduce it to a misdemeanor under Penal Code 17(b), either before you petition for dismissal or as part of the same petition.5California Legislative Information. California Penal Code 17
Doing this matters. A reduced-and-dismissed wobbler removes the felony-level firearm prohibition, which a plain felony dismissal does not. The judge can grant the reduction at sentencing, at any point during probation, or when ruling on the dismissal petition, and unpaid restitution cannot be used to refuse it.5California Legislative Information. California Penal Code 17 If your offense is a wobbler, request the reduction alongside your dismissal petition.
Forms and Information You Will Need
Before filling out anything, gather your full legal name, the case number, the date of conviction, the specific Penal Code section you were convicted under, and the date you completed probation or your prison sentence. All of this appears on your court record. If you do not have a copy, request a RAP sheet from the California Department of Justice.
Two forms do the work:
- Form CR-180, Petition for Dismissal. This is your formal request. Fill in the case details, check the boxes that fit your situation, and explain why the court should grant relief.6California Courts. Petition for Dismissal (Form CR-180)
- Form CR-181, Order for Dismissal. This is the order the judge signs if the petition is granted. Fill in your case information and leave the judge’s signature line blank.7California Courts. Order for Dismissal (Form CR-181)
Both forms are free on the California Courts website. If you are also requesting a wobbler reduction under Penal Code 17(b), check the appropriate box on CR-180. The same petition can carry both requests.
Filing, Serving, and Timing
File the completed forms with the court clerk in the county where you were convicted. Make at least two copies of everything: one for yourself, one to serve on the District Attorney in that county. There is no filing fee.
You must serve the District Attorney with a copy of the petition. Some counties also require service on the probation department. Serving the DA gives the prosecutor a chance to review your petition and decide whether to object. If eligibility is clear and the DA does not oppose, the court may rule on the paperwork alone without a hearing. If the DA does object, the court schedules a hearing where both sides argue and the judge decides.
From filing to decision typically runs 90 to 120 days. Some courts move faster, some slower. Dismissal petitions are not a priority for most courts, so delays of several weeks are common.
What a Dismissal Actually Does for Employment
This is the practical payoff. California Labor Code 432.7 prohibits employers from asking about a conviction that has been dismissed under Penal Code 1203.4, 1203.4a, or 1203.425. Private employers cannot put the conviction on an application form, ask about it in an interview, or use it in hiring, promotion, or termination decisions. If a private employer asks whether you have been convicted of a crime, you can legally answer “no” for any conviction that has been dismissed. Employers who violate the rule face civil liability and, for intentional violations, potential misdemeanor charges.8California Legislative Information. California Labor Code 432.7
Exceptions exist. Employers can still ask about a dismissed conviction when federal or state law requires it for the position, when the job involves carrying a firearm, or when someone with that conviction is legally barred from the position.8California Legislative Information. California Labor Code 432.7 Law enforcement, security-clearance roles, and certain financial services jobs fall into these categories.
What a Dismissal Does Not Do
A dismissal under Penal Code 1203.4 or 1203.42 is not a clean slate. Knowing its limits keeps you from making assumptions that create real problems.
Firearms
A felony dismissal does not restore your right to own or possess a firearm. Penal Code 1203.42 says so explicitly: the dismissal does not prevent prosecution under the felon-in-possession statute.4California Legislative Information. California Penal Code 1203.42 The reliable routes back to gun rights are reducing a wobbler to a misdemeanor before dismissal, or obtaining a Governor’s pardon that specifically restores firearms privileges.
Professional Licensing
The disclosure rules here have shifted. Under AB 2138, most state licensing boards regulated under the Business and Professions Code cannot deny a license based on a conviction dismissed under Penal Code 1203.4 or 1203.42, and cannot require you to disclose the dismissed conviction on the license application itself.9California Legislative Information. AB-2138 Licensing Boards – Denial of Application Penal Code 1203.42 still requires disclosure of the original conviction when a direct question appears on an application for public office, for contracting with the California State Lottery Commission, or for licensure by certain state and local agencies outside the Business and Professions Code framework.4California Legislative Information. California Penal Code 1203.42 When any government application asks directly, the safest approach is to disclose the conviction and its dismissal together.
Federal Jobs, Security Clearances, and Immigration
Federal agencies do not treat a California dismissal the way state employers do. For a federal job, a security clearance, or a role regulated by agencies like the SEC or FINRA, disclose the original conviction and its dismissal. Deeper background checks will surface the original case regardless.
Immigration is more serious. A California dismissal does not erase the conviction for federal immigration purposes. U.S. Citizenship and Immigration Services and immigration courts can still treat the underlying conviction as grounds for deportation or denial of naturalization. If you are not a U.S. citizen, consult an immigration attorney before filing; a dismissal petition alone will not protect you.
International Travel
Some countries run their own criminal background checks and may deny entry based on the original conviction, regardless of the California dismissal. Canada, for example, treats a person as criminally inadmissible based on the original conviction and requires you to check with Canadian immigration authorities to determine whether a foreign dismissal is recognized.10Government of Canada. Overcome Criminal Convictions If travel matters to you, check the entry rules for your destination before assuming the dismissal resolves the issue.
Clean Up Private Background Check Databases
This is where a lot of people get stuck after a successful dismissal. The court updates its own records, but private background check companies pull data from many sources and often keep outdated conviction information for months or years. A dismissed conviction can keep showing up on tenant screenings and employment reports long after the court file has been corrected.
Federal law caps reporting of non-conviction information (like arrests that did not lead to conviction) at seven years, but there is no federal time limit on reporting convictions, even dismissed ones. California’s Labor Code stops employers from using dismissed convictions, but that is separate from what the background check company reports.
After your dismissal is granted, get a certified copy of the court order. Then contact the major background check companies directly and dispute any report that still lists the dismissed conviction. The Foundation for Continuing Justice operates an Expungement Clearinghouse that notifies over 500 participating background check providers on your behalf once you submit your certified court order; the process runs 60 to 120 days and does not reach every database. If a record persists, you can file a dispute with the reporting company under the Fair Credit Reporting Act.
Proposition 47 for Certain Drug and Theft Felonies
If your felony was for simple drug possession or a theft offense involving $950 or less, Proposition 47 may allow you to have it reclassified as a misdemeanor, regardless of when the conviction occurred. Eligible offenses include commercial burglary under $950, forgery under $950, grand theft under $950, petty theft, bad checks under $950, receiving stolen property under $950, and simple drug possession without intent to sell.3Judicial Branch of California. Record Cleaning – Felony Convictions and Proposition 47 You cannot qualify if you have a prior conviction requiring sex offender registration or a “super strike” on your record.
There is no statewide form; check with the court where the conviction occurred for any local forms. Once the felony is reduced to a misdemeanor under Prop 47, you can then petition to have the misdemeanor conviction dismissed. This two-step path produces a better outcome than a felony dismissal alone because it removes the felony classification entirely.
Certificate of Rehabilitation if You Are Not Eligible
If your felony conviction is not eligible for dismissal, a Certificate of Rehabilitation is the primary fallback. It is a court order declaring that you have been rehabilitated, and it automatically serves as a recommendation for a Governor’s pardon. It does not erase or seal your record, and it does not let you deny the conviction on applications. What it gives you is an official rehabilitation document that licensing boards and employers can weigh in your favor.
Eligibility requires continuous California residence for at least five years after completing your sentence, plus an additional rehabilitation period that varies by offense. You cannot have been incarcerated since your release, and certain sex offenses are excluded. There is no filing fee. For people who served state prison and cannot pursue a dismissal, this is the main way to document that you have moved past the conviction.