How to Remove a Misdemeanor From Your Record in California

To remove a misdemeanor from your record in California, you use Penal Code 1203.4 (or a related section) to have the court set aside the conviction and dismiss the case. The record isn’t erased; it’s marked dismissed. That distinction matters, but the practical effect is significant: most employers can’t ask about it or hold it against you, and many people who qualify no longer need to file anything because the Department of Justice now grants this relief automatically.

Here’s how to figure out whether you already have relief, whether you qualify to petition for it, and what a dismissal actually changes.

Check Whether the DOJ Already Cleared It

Before you fill out a single form, find out whether your record has already been updated. Since October 2024, the California Department of Justice reviews its criminal databases every month and automatically grants dismissal relief to people who qualify, without any petition or court appearance.¹

You qualify for automatic relief if all of these are true:

You are not required to register as a sex offender.
You have no active supervision record (probation, parole, or community supervision).
You are not currently serving a sentence or facing pending charges.
Your conviction happened on or after January 1, 1973, and you either completed probation without revocation or finished your misdemeanor sentence at least one calendar year before the date of judgment being reviewed.¹

When the DOJ grants automatic relief, your criminal history shows a note reading “relief granted” next to the conviction, with the date and a reference to Section 1203.425. The legal effect is the same as a court-ordered dismissal. To check whether your record already reflects this, request a copy of your criminal history through the DOJ’s Record Review process, which requires submitting fingerprints.²

Who Can Petition for a Dismissal

If automatic relief hasn’t reached you or your situation is more complicated, you can file the petition yourself. Eligibility turns on whether you were placed on probation and how it went.

You Completed Probation Cleanly

If you finished your entire probation term and met every condition, including paying all fines and restitution, completing programs, and staying out of trouble, the court is required to grant the dismissal. Penal Code 1203.4 uses the word “shall,” which leaves the judge no discretion when you meet every requirement.³ You also cannot be currently serving another sentence, on probation for another crime, or facing new charges when you petition.

You Had Problems on Probation

If probation was revoked or you fell short on the terms, dismissal becomes discretionary. The judge weighs whether relief serves the interests of justice, considering your conduct since the conviction and the nature of the violation. It’s a harder path, but it can be done, especially when the violations were minor and you have stayed clean since.

You Were Not Given Probation

If you were convicted of a misdemeanor and sentenced without probation (jail time, a fine, or both), you petition under Penal Code 1203.4a instead. You must wait at least one year from the date of judgment, complete your sentence in full, and have “lived an honest and upright life” since then.⁴ That “honest and upright life” standard gives judges real discretion, so new arrests can complicate things even if they didn’t lead to a conviction.

Misdemeanors That Can’t Be Dismissed

Not every misdemeanor is eligible. Penal Code 1203.4 excludes certain sex offenses involving minors, including offenses under Penal Code sections 286(c), 288, 287(c), 288.5, and 289(j), and possession or distribution of child sexual abuse material under sections 311.1, 311.2, 311.3, and 311.11. Certain Vehicle Code violations listed in Section 42002.1 are also excluded.³ Infractions cannot be dismissed under this section either.

Common misdemeanors that do qualify include DUI, petty theft, shoplifting, simple assault, simple battery, drug possession, and trespassing, if you meet the eligibility rules above.

If You’re Still on Probation

You can’t petition for dismissal while you’re actively on probation, but you don’t have to wait out the full term. Under Penal Code 1203.3, a court can terminate probation early when you have shown good conduct and reform.⁵ The prosecutor is notified and can object, and any outstanding restitution weighs against you. If the court grants early termination, you can immediately petition for dismissal under 1203.4.

Judges generally expect at least half the probation term to have passed before they’ll seriously consider early termination, though no statute sets a hard minimum. Paying all fines and restitution, finishing classes, and completing community service make the request far stronger.

How to File the Petition

Start by getting a copy of your criminal record from the DOJ. It lists the case number, conviction date, sentencing details, and probation status, all of which go on the paperwork.

You need two forms. Form CR-180 is the Petition for Dismissal, where you lay out your conviction details, the sentence or probation terms you completed, and why you qualify.⁶ Form CR-181 is the Order for Dismissal that the judge signs if the petition is granted.⁷ Fill in only the identifying information at the top of CR-181 and leave the rest for the judge. Both forms are available on the California Courts website or at your local court’s self-help center.

File both forms with the clerk of the superior court where the conviction occurred. Most courts accept filing in person or by mail; some also accept electronic filing. After filing, serve a copy of the petition on the prosecuting agency, usually the District Attorney or City Attorney that handled the original case. Keep your proof of service. The court will want to see it.

What Happens at the Hearing

Not every petition gets a hearing. If the prosecution doesn’t object and your eligibility is clear, many courts grant the petition on the papers. A hearing is set when the prosecutor raises concerns or the judge wants more information, and either you or your attorney appears to explain why relief is appropriate.

For a mandatory dismissal, the judge is essentially confirming you met the statutory requirements. For a discretionary dismissal, the judge weighs your post-conviction behavior, the seriousness of the offense, and whether granting relief serves justice. Steady employment, community ties, and a clean recent record all help. A thoughtful personal statement about what has changed can make a real difference when the case is borderline.

What Changes After Dismissal

Once the judge signs the Order for Dismissal, the court sends the update to the DOJ and local law enforcement. In practice, it can take several months for the DOJ to process the update and reflect the dismissal on your state criminal history. Follow up after three to four months to confirm the record shows the dismissal.

Your record will still show the original conviction, alongside a notation of the dismissal. Law enforcement can still see the full history, and the conviction can still be used against you if you pick up new charges. But the practical consequences for everyday life shrink considerably, especially in employment.

Employment Protections

This is where a dismissal has its biggest real-world payoff. California Labor Code 432.7 prohibits employers from asking about or considering any conviction that has been dismissed under Penal Code 1203.4, 1203.4a, or 1203.425. Employers cannot put the question on an application, ask about it in an interview, seek the information from outside sources, or use it in hiring, promotion, or termination decisions.⁸

On top of that, the Fair Chance Act (Government Code 12952) bars employers with five or more employees from asking about any criminal history before making a conditional job offer, and even after the offer they cannot consider convictions that have been dismissed.⁹ For most private- and public-sector jobs, a dismissed misdemeanor effectively drops out of the hiring picture. Law enforcement agencies, positions requiring security clearances, and some roles working with vulnerable populations remain able to see and consider the full record.

The Arrest Itself Is Still There

A 1203.4 dismissal doesn’t erase the underlying arrest record. The arrest still shows up, though the disposition will reflect that the case was dismissed. Sealing an arrest record is a separate process under Penal Code 851.91, available only when the arrest didn’t result in a conviction, or when the conviction was later vacated or reversed on appeal.¹⁰

What Dismissal Does Not Fix

A 1203.4 dismissal has hard limits. Knowing them up front prevents costly assumptions.

Firearms

A dismissal does not restore firearm rights. The statute is explicit on this.³ California prohibits firearm possession for 10 years after conviction of a long list of specific misdemeanors, including assault, battery, domestic violence, stalking, criminal threats, and brandishing.¹¹ For misdemeanor domestic violence under Penal Code 273.5, the ban is lifetime if the conviction occurred on or after January 1, 2019. Getting the case dismissed does not shorten or remove these prohibitions.

Immigration

Federal immigration law uses its own definition of “conviction” that ignores state-level dismissals granted for rehabilitation. Under 8 U.S.C. 1101(a)(48), a conviction exists for immigration purposes whenever there was a guilty plea or admission plus any form of punishment, regardless of a later state expungement. If you are not a U.S. citizen, a dismissed California misdemeanor can still trigger deportation, inadmissibility, or denial of naturalization. Talk to an immigration attorney before assuming a 1203.4 dismissal solves anything on that front.

Professional Licensing

The dismissal order itself notes that it does not relieve you from disclosing the conviction on an application for licensure by any state or local agency.³ Boards for nursing, teaching, medicine, real estate, insurance, and behavioral sciences can still see your record. California has reformed its licensing laws recently, so for many boards a dismissed conviction cannot be the sole basis to deny a license, but the rules vary. Check with the specific agency before applying.

Public Office

If your conviction bars you from holding public office, a 1203.4 dismissal doesn’t change that.³ A gubernatorial pardon or a certificate of rehabilitation is the path there.

Costs and Timeline

Court filing fees vary by county. Many California counties charge nothing, while others charge between $30 and $240. If the fee is a hardship, ask the court for a fee waiver.

If you hire an attorney, expect a few hundred dollars to over a thousand for a straightforward misdemeanor petition. Many firms offer flat fees and payment plans. A mandatory dismissal after clean probation is manageable on your own using the court’s self-help resources. A discretionary petition, or one the prosecutor is likely to contest, is where an attorney tends to earn the fee.

From filing to final order, the process usually takes two to four months. Complex cases, contested petitions, or overloaded courts can push it to six months or longer. Add another few months on top of that before the DOJ update fully appears on your state record.

1
California Legislative Information. California Penal Code 1203.425
2
State of California Department of Justice. Criminal Records – Request Your Own
3
California Legislative Information. California Penal Code 1203.4
4
Justia Law. People v. Maya
5
California Legislative Information. California Penal Code 1203.3
6
California Courts. Petition for Dismissal (CR-180)
7
California Courts. Order for Dismissal (CR-181)
8
California Legislative Information. California Labor Code 432.7
9
California Legislative Information. California Government Code 12952
10
California Legislative Information. California Penal Code 851.91
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California Legislative Information. California Penal Code 29805