To get a record expunged in California, you file a Petition for Dismissal (Form CR-180) in the superior court where you were convicted, serve a copy on the prosecuting agency, and wait for the judge to rule. If you completed probation and meet the other eligibility rules under Penal Code 1203.4, the court must grant the petition, set aside your guilty or no-contest plea, and dismiss the case.1California Legislative Information. California Penal Code 1203.4 Most people handle this without a lawyer. The work is in getting the eligibility right, filling out the forms correctly, and understanding what the dismissal will and won’t do for you.
Confirm You’re Eligible Before You File
Three separate statutes govern who can petition, and the right one depends on what sentence you served.
If you were placed on probation, Penal Code 1203.4 applies. You qualify if you completed all probation terms, are not currently serving a sentence for another offense, are not on probation or parole in any case, and are not facing new criminal charges. Completed every condition? The court must grant your petition. Violated probation at some point but still finished it? The court has discretion, and you’ll need to explain why dismissal serves the interests of justice.2California Courts. Record Cleaning – Misdemeanors
Restitution and fines are usually part of your probation conditions. Leaving them unpaid can sink a probation-based petition.
If you were convicted but not placed on probation, you petition under Penal Code 1203.4a after a one-year waiting period from the conviction date. You still cannot be currently serving a sentence, on probation, or facing pending charges.3County of San Diego. Expungement PC 1203.4 and 1203.4a
If you served time in state prison, Penal Code 1203.42 is your route. You must wait two years after completing your entire sentence, including parole or supervised release, and cannot be under current supervision or facing new charges. This petition is always at the court’s discretion, even if you did everything right. Unpaid restitution alone cannot be grounds for denial on this track.4California Legislative Information. California Penal Code 1203.42
A handful of offenses cannot be expunged at all under Penal Code 1203.4, including specific sex crimes against minors, lewd acts with a child, and certain sexual assault offenses. Infractions and some Vehicle Code violations are also excluded from this particular relief.1California Legislative Information. California Penal Code 1203.4
Check Whether the State Has Already Cleared Your Record
You may not need to file anything. Under Penal Code 1203.425, added by SB 731, the California Department of Justice reviews criminal records monthly and grants relief automatically to people who qualify.5California Legislative Information. California Penal Code 1203.425
Automatic relief covers three situations:
- You completed probation without any revocation. The Department of Justice grants dismissal once it identifies your record.
- Your conviction was a misdemeanor or infraction with no probation. Relief comes one calendar year after judgment, if you completed your sentence.
- Your felony conviction had no probation completion. Relief comes four years after you finished incarceration, supervision, and parole, provided you had no new felony during those four years.
The four-year felony track does not apply to serious felonies, violent felonies, or offenses requiring sex offender registration. You also cannot have active supervision or pending charges.
Because the Department of Justice works from its own databases, records with missing data can slip through. If you believe you qualify but nothing has happened, filing a petition yourself is faster than waiting.
Gather Your Forms and Case Information
You need two forms, both free from the California Courts website: the Petition for Dismissal (Form CR-180) and a proposed Order for Dismissal (Form CR-181).6California Courts. Petition for Dismissal CR-1807California Courts. Order for Dismissal CR-181
Before you sit down with the CR-180, pull together:
- Your full legal name and date of birth
- The case number from your conviction
- The conviction date
- The specific Penal Code section you were convicted under
- Whether you completed probation as ordered or had violations
If you no longer have these details, request a copy of your criminal record from the California Department of Justice or visit the clerk’s office at the courthouse where you were convicted.
Filing fees vary by county. Some courts charge nothing; others charge fees that differ for misdemeanors and felonies. If you cannot afford the fee, submit a Request to Waive Court Fees (Form FW-001). The court must waive the fee if you receive certain public benefits or your income is below the threshold.8California Courts. Ask for a Fee Waiver
File With the Court and Serve the Prosecutor
Make at least two copies of your completed forms. Take the originals and copies to the clerk of the superior court in the county where your conviction happened. The clerk file-stamps the originals and returns the copies to you.
After filing, notify the prosecuting agency by mailing a file-stamped copy of your petition to the District Attorney’s office. Some misdemeanor cases prosecuted by a city go to the City Attorney instead. This step is called service, and it starts the response clock. In many counties, the prosecutor has 30 days to file an opposition or let the petition go through unopposed.9Superior Court of California, County of San Luis Obispo. Cleaning Your Record
What Happens After You File
Once the prosecutor’s response window closes, the court either schedules a hearing or rules on the papers. Uncontested petitions where eligibility is clean often get signed without any appearance. If the prosecutor objects, or if you’re asking the court to use its discretion because you had probation violations, expect a hearing where you’ll explain why the dismissal serves the interests of justice.2California Courts. Record Cleaning – Misdemeanors
A straightforward uncontested petition typically runs two to four months from filing to a signed order. Cases with unpaid fines, probation violations, or multiple counties involved can stretch to six months. If the judge denies your petition, the conviction stays in place, but you can refile later if your circumstances change.
When the judge signs, get certified copies of the Order for Dismissal (CR-181) from the clerk. You’ll want them.
What the Dismissal Actually Does
The biggest benefit is on job applications. California Labor Code 432.7 prohibits public and private employers from asking about a judicially dismissed conviction, seeking out that information from any source, or using it in hiring, promotion, or termination decisions.10California Legislative Information. California Labor Code 432.7 On most private-sector applications asking whether you have been convicted of a crime, you can answer no.
You still have to disclose a dismissed conviction when applying for public office, seeking a license from a state or local agency, or contracting with the California State Lottery Commission. Law enforcement agencies keep full access, and a dismissed felony permanently bars you from becoming a peace officer in California unless the court found you factually innocent.1California Legislative Information. California Penal Code 1203.4
What the Dismissal Does Not Change
A California dismissal is not a full erasure, and assuming otherwise causes real problems.
- Firearms rights are not restored. If your conviction triggered a ten-year misdemeanor ban or a lifetime felony prohibition, the ban stays after expungement.1California Legislative Information. California Penal Code 1203.4
- Prosecutors can use the dismissed conviction as a prior in any future criminal case, with the same weight it would have carried without a dismissal.
- Existing criminal protective orders remain in effect.
- Eligibility to hold public office is not restored if the conviction disqualified you.
- Federal agencies, including TSA and the military, still see the full record. A state-court dismissal has no binding effect on them.
Immigration deserves its own warning. Federal law defines conviction independently from state law: under 8 U.S.C. 1101(a)(48), a conviction exists for immigration purposes whenever a court or jury found you guilty, or you entered a guilty or no-contest plea, and the judge imposed any punishment or restraint on liberty.11Office of the Law Revision Counsel. 8 USC 1101 Definitions A Penal Code 1203.4 dismissal is rehabilitative and generally provides no protection in removal proceedings. If you are not a U.S. citizen and your conviction is deportable, talk to an immigration attorney before assuming expungement fixes anything.
Private background check companies are another gap. They buy data in bulk and don’t sync with court records automatically, so a dismissed conviction can keep showing up for months. Send certified copies of the CR-181 directly to major background check companies with a request to update. If a company keeps reporting the dismissed conviction after being notified, that may violate the federal Fair Credit Reporting Act. The Foundation for Continuing Justice runs a Criminal Record Clearinghouse that pushes verified updates to leading background check companies, which can shorten the wait.12Foundation For Continuing Justice. Criminal Record Clearinghouse
If You Have a Felony, Consider a Certificate of Rehabilitation Next
A Certificate of Rehabilitation is a court order declaring that you have been rehabilitated, and it automatically serves as an application for a governor’s pardon. It can restore certain rights and clear some professional licensing barriers that a dismissal alone cannot touch.13California Legislative Information. California Penal Code 4852.01
You must have lived in California for at least five years before filing, plus additional waiting periods based on the offense. You cannot be incarcerated or on probation for another felony. The process is more involved than a standard expungement petition, and the court weighs your conduct since the conviction. People convicted of the most serious sex offenses against children are excluded. Most people pursue a Certificate of Rehabilitation after expungement, not instead of it.