Under California’s SB 731, record relief now comes two ways: the Department of Justice automatically dismisses most eligible convictions each month without you lifting a finger, and if your record doesn’t qualify for that automatic track, you can petition the superior court to dismiss the conviction yourself. The automatic review has been running since October 1, 2024, and it covers infractions, misdemeanors, and, for the first time, most felonies, including those where the person served prison time. The petition process remains the fallback for everything the automatic system excludes or misses.
Which path applies to you depends on the offense, when it happened, and how the sentence ended.
Automatic Relief Through the DOJ
The automatic process reaches back to convictions dated January 1, 1973. You don’t file anything. The DOJ scans its databases monthly, identifies records that meet the statutory criteria, and updates them so the conviction no longer appears on standard background checks.
Misdemeanors, Infractions, and Completed Probation
If you completed probation without a revocation, you qualify, whether the underlying offense was a misdemeanor or a felony. For misdemeanors and infractions that didn’t involve probation, you qualify once the sentence is complete and at least one calendar year has passed since the date of judgment.1California Legislative Information. California Penal Code Section 1203.425
Felonies Without Probation Completion
This is the category SB 731 opened up. If your felony sentence included prison time, county jail time, mandatory supervision, parole, or postrelease community supervision, you now qualify for automatic relief once all terms are complete and four years have passed without a new felony conviction.1California Legislative Information. California Penal Code Section 1203.425 Before SB 731, this track was limited to people who had finished probation.
Who the Automatic Track Excludes
Several categories drop out of the automatic process:
- Any conviction that requires registration under California’s Sex Offender Registration Act.
- Serious felonies under Penal Code 1192.7(c), including robbery, residential burglary, and certain assaults. This exclusion applies to the four-year felony track.
- Violent felonies under Penal Code 667.5, including murder, kidnapping, and arson causing bodily injury. Also excluded from the four-year felony track.
- Records showing active supervision, a sentence currently being served, or pending criminal charges. The DOJ passes over these records until the status clears.1California Legislative Information. California Penal Code Section 1203.425
The serious- and violent-felony exclusions apply only to the newer four-year track for felonies without probation. Misdemeanors, infractions, and felonies where probation was completed without revocation remain eligible for automatic relief as long as the offense didn’t require sex-offender registration.
Petitioning the Court Yourself
If your conviction is excluded from the automatic track, or if an eligible conviction still appears on your record because of data gaps or the monthly review cycle, you can file a petition for dismissal in the superior court where you were convicted.
Which Code Section Applies
Penal Code 1203.4 governs petitions when you completed probation, were discharged from probation early, or when the court finds that justice warrants relief. You can’t be currently serving a sentence, on probation, or facing new charges when you file.2California Legislative Information. California Penal Code Section 1203.4
Penal Code 1203.41 covers felonies that resulted in a state prison sentence or a county jail sentence under the realignment provisions of Penal Code 1170(h). The waiting period after completing the sentence is one year for county jail realignment sentences or two years for state prison sentences. You can’t be on parole, serving another sentence, on probation, or charged with a new offense. Petition relief under 1203.41 is not categorically blocked for serious or violent felonies the way the automatic track is, but it is blocked for any felony requiring sex-offender registration.3California Legislative Information. California Penal Code Section 1203.41
Filing the Petition
The form is California Courts form CR-180, Petition for Dismissal, filed with the superior court in the county where the conviction occurred.4California Courts. Petition for Dismissal CR-180 You’ll need your case number and conviction details, which appear on court records or on your criminal history report. For felony petitions under 1203.41, you’ll need to attach a written motion, and the court will set a hearing. The district attorney gets 15 days’ notice and can object.3California Legislative Information. California Penal Code Section 1203.41
The judge decides based on the interests of justice, weighing your rehabilitation, how much time has passed, the nature of the offense, and anything the prosecution raises. Felony petitions generally call for more documentation than misdemeanor petitions.
Fees
Filing fees run around $120 for a felony petition and $60 for a misdemeanor, with exact amounts varying by court. If paying the fee would create a hardship, submit a fee waiver request with the petition.
Arrest Records That Never Led to Conviction
SB 731 also expanded automatic sealing of arrest records under Penal Code 851.93. The DOJ reviews these monthly as well. Arrests on or after January 1, 1973, are eligible when:
- The misdemeanor charge was dismissed, with no additional waiting period.
- At least one year has passed since a misdemeanor arrest where no charges were filed.
- At least three years have passed since a felony arrest where no charges were filed, or six years for felonies punishable by eight or more years in prison.
- You successfully completed a pretrial or posttrial diversion program related to the arrest.5California Legislative Information. California Penal Code Section 851.93
Arrest sealing and conviction dismissal are independent. An arrest from one incident can be sealed while a conviction from another remains.
What Dismissal Actually Does
Relief under either path releases you from most penalties and disabilities tied to the conviction. For automatic relief under Penal Code 1203.425, the DOJ updates its records so the conviction no longer appears on standard employment background checks. On most private-sector job applications, you can legally answer “no” when asked whether you’ve been convicted of a crime. California’s Labor Code Section 432.7 backs this up by barring employers from asking about, searching for, or using dismissed convictions in hiring decisions, with damages available if they do.6California Legislative Information. California Labor Code Section 432.7
What Dismissal Doesn’t Do
Several obligations survive dismissal, and misunderstanding them is costly.
You still have to disclose the original conviction when applying for public office, when seeking licensure from a state or local agency, or when contracting with the California State Lottery Commission.2California Legislative Information. California Penal Code Section 1203.4 If the conviction barred you from public office, dismissal does not restore eligibility.3California Legislative Information. California Penal Code Section 1203.41
Dismissal does not restore firearm rights. A firearm prohibition tied to the conviction stays in place.2California Legislative Information. California Penal Code Section 1203.4 In any future criminal prosecution, the dismissed conviction can be used against you as though the dismissal never happened.3California Legislative Information. California Penal Code Section 1203.41
Immigration is another limit. Federal immigration authorities do not recognize California’s record relief, so a dismissed conviction can still affect visas, green card petitions, and deportation proceedings.
Old Drug Convictions and Teaching Credentials
SB 731 included a specific carve-out for people who want to teach. If you had a conviction for possession of certain controlled substances, the conviction is more than five years old, and relief has been granted, the Commission on Teacher Credentialing cannot use that conviction to deny you a credential.7California Legislative Information. California Senate Bill 731 – Criminal Records: Relief Before SB 731, an old, dismissed possession conviction could still block a teaching career.
Check Your Record Before Doing Anything
Pull your criminal history first so you know what you’re working with. California requires Live Scan fingerprints submitted to the DOJ on Form BCIA 8016RR. Check “Record Review” as the application type and write “Record Review” on the reason line. Any Live Scan site will take the form, including local sheriff’s offices, police departments, and public applicant locations. The processing fee is $25, with waivers available for those who qualify.8State of California – Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own
Once you have the report, see whether any convictions already show as dismissed. The automatic review has been running since October 2024, and eligible records may already be cleared.9State of California – Department of Justice – Office of the Attorney General. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425 If a conviction that should qualify is still showing, you can file a petition rather than wait for the next DOJ cycle. For convictions excluded from the automatic track, the petition under 1203.4 or 1203.41 is the way forward.