ultimate-guide
Steps to Expunge Criminal Record in California 2026
Table of Contents
- Understanding Expungement and Record Dismissal
- California Penal Code 1203.4 Eligibility Requirements
- How Long Does the Expungement Process Take
- How to File a Petition for Dismissal
- Expungement Filing Fees 2026 and Fee Waivers
- Expungement vs. Sealing: Key Differences
- Post-Expungement Background Checks and Record Verification
- Conclusion
Last Updated: August 16, 2026
Understanding Expungement and Record Dismissal
Expungement is the legal process of having a criminal conviction dismissed and removed from your public record. Once granted, you can legally answer "no" when asked about that arrest or conviction on most job applications, housing applications, and background checks.
This differs fundamentally from simply serving your sentence. A conviction stays on your record indefinitely unless you take action to remove it. Expungement gives you a genuine fresh start. The process in California is governed primarily by Penal Code 1203.4, which allows eligible individuals to petition the court for dismissal after completing probation or their sentence.
Expungement differs from sealing records, they're distinct remedies with different outcomes. One may be available when the other isn't, and each carries different practical consequences for background checks and disclosure requirements.
At Van Nuys Crime, we help clients navigate this process from start to finish. Whether you're facing eligibility questions, navigating paperwork, or preparing for a court hearing, our team understands the nuances of California's expungement law and local court procedures. Filing correctly versus incorrectly can mean the difference between a granted and denied petition.
California Penal Code 1203.4 Eligibility Requirements
Penal Code 1203.4 governs expungement in California. It allows you to petition the court to set aside your conviction after completing probation or your sentence. However, not everyone qualifies, and not all crimes are eligible.
Who Qualifies for Expungement
To qualify for expungement under Penal Code 1203.4, you must meet specific criteria. First, you must have completed probation or your entire sentence. If you're still serving time or on active probation, you generally cannot file a petition.
Second, you must not have been sentenced to state prison for the conviction you're seeking to expunge. If your conviction resulted in state prison time, you may have options under other statutes (like Penal Code 1203.4a for certain drug offenses), but standard 1203.4 doesn't apply.
Third, you cannot have any active criminal cases pending. The court will typically deny your petition until other matters are resolved.
Fourth, you must demonstrate that granting expungement is in the interests of justice. This discretionary factor allows judges leeway in deciding whether your situation warrants dismissal. Judges consider the nature of the offense, your rehabilitation, employment history, family ties, and time elapsed since conviction.
Fifth, you cannot have been convicted of certain sex offenses against minors. These crimes are permanently ineligible for expungement under California law.
A wobbler offense, a crime chargeable as either misdemeanor or felony, may have different expungement consequences depending on how it was prosecuted. If you have multiple convictions, you may be eligible to expunge some but not others.
Crimes That Cannot Be Expunged
Certain crimes are permanently barred from expungement. Sex offenses against minors cannot be dismissed under Penal Code 1203.4 or most other expungement statutes, with very limited exceptions.
Some serious felonies carry restrictions. Crimes listed in Penal Code 667.5(c), including crimes of violence and certain drug trafficking offenses, may have limited or unavailable expungement options depending on the specific offense and sentencing date.
Certain felonies involving moral turpitude, when prosecuted as strikes under the Three Strikes law, may also be ineligible. However, recent changes to California law have expanded expungement eligibility for some strike offenses.
If uncertain whether your conviction is eligible, consult with a criminal defense attorney who can review your case documents and provide a definitive answer.
How Long Does the Expungement Process Take
The timeline for expungement varies significantly depending on court workload, whether the prosecution objects, and whether you have all required documentation ready when filing.
In many cases, the process takes between three to six months from filing to final resolution. Cases move faster when the prosecution doesn't oppose the petition and the judge grants it without a hearing. Other cases take longer if the court schedules a hearing, records are difficult to locate, or processing is delayed.
The actual court hearing, if held, typically lasts only a few minutes. The judge reviews your petition, may ask questions about your rehabilitation and current circumstances, then decides whether to grant or deny dismissal. The decision often comes immediately, though some judges issue written rulings later.
After the court grants your petition, additional time is needed for the order to be processed and transmitted to relevant agencies. The arresting agency, district attorney's office, and Department of Justice must all be notified and update their records. This administrative processing can take one to three months.
Key variables affecting timeline are: whether you file pro per or with an attorney, whether the prosecution objects, whether the court schedules a hearing, and how efficiently agencies process paperwork. Starting early and ensuring complete documentation before filing expedites the process significantly.
How to File a Petition for Dismissal
Filing a petition for expungement involves several concrete steps, each of which must be completed correctly to avoid delays or denials.
Step 1: Gather Required Documentation
Before filing, collect specific documents: your arrest report, charging documents (complaint or information), plea agreement if applicable, sentencing documents, and proof of completed probation or sentence.
Obtain certified copies of your conviction record from the court clerk's office in the county where you were convicted. If convicted in multiple counties, gather records from each jurisdiction.
Collect documents showing rehabilitation: employment letters, educational achievements, community service records, character references, or evidence of family stability. These support your argument that expungement is in the interests of justice.
If filing pro per, contact the court's self-help center. Many courts provide expungement packets with checklists of required documents and sample forms.
Step 2: Complete Your Expungement Packet
The expungement packet typically includes the petition, a proposed order for the judge to sign, and supporting declarations. In the petition, identify the conviction you're seeking to expunge, explain that you've completed probation or sentence, and argue that dismissal is in the interests of justice. Present your rehabilitation narrative, employment history, family responsibilities, community contributions, and time elapsed since the offense.
The proposed order is a blank court order the judge can sign if granting your petition. This document formally sets aside the conviction and directs the arresting agency and Department of Justice to update their records.
Supporting declarations are written statements under penalty of perjury from you and potentially others. Your declaration should address your rehabilitation, current circumstances, and why expungement is appropriate. Character references from employers, community members, or family strengthen your case.
Check your local court's rules for specific formatting and page limits. Failure to follow formatting rules can result in your petition being rejected without consideration.
Step 3: File With the Court
Once your petition packet is complete, file it with the court clerk's office in the county where you were convicted. You'll need to pay a filing fee unless you qualify for and obtain a fee waiver. Filing fees vary by court, but fee waivers are available for those who cannot afford them.
When filing, request a case number and note the filing date. You'll need this information for all future correspondence. Some courts allow electronic filing; others require in-person filing.
After filing, serve a copy of your petition on the district attorney's office. This gives the prosecution notice and an opportunity to respond. Service can typically be done by mail.
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The prosecutor may file a response opposing your petition or may indicate they don't oppose it. An opposition doesn't guarantee denial, but it means the judge will scrutinize your case more carefully.
Step 4: Attend the Hearing
If the prosecutor opposes your petition or the judge wants to hear from you directly, the court will schedule a hearing. Present your case, testify about your rehabilitation and current circumstances, and explain why expungement is appropriate.
The prosecutor may present arguments against expungement. Answer questions from the prosecutor and judge calmly and respectfully, focusing on your rehabilitation and current stability.
After hearing arguments, the judge decides whether to grant or deny your petition. The decision often comes immediately, though some judges issue rulings within days or weeks.
If granted, the judge signs the order dismissing your conviction, which is then sent to the arresting agency, district attorney, and Department of Justice for record updates.
If denied, you may have limited options for appeal or refiling depending on the judge's reasoning. An attorney can advise whether appealing makes sense in your situation.
Expungement Filing Fees 2026 and Fee Waivers
Court filing fees for expungement petitions vary by county. Contact your local court clerk's office or visit the court's website for current 2026 fee information.
Many courts offer fee waivers for individuals who cannot afford filing fees. Complete a form declaring your financial situation and submit it to the court. The judge reviews your request and decides whether to grant the waiver. If approved, you can file without paying the fee.
Some courts automatically grant fee waivers for individuals receiving public assistance or whose income falls below a certain threshold. Others require discretionary judicial determination. If struggling financially, inquire about fee waiver options, this shouldn't be a barrier to filing.
If the arresting agency or Department of Justice charges fees to update your record after expungement, fee waivers may be available for those costs as well.
Expungement vs. Sealing: Key Differences
Understanding the distinction between expungement and sealing is critical because they have different legal effects and eligibility requirements.
Expungement (under Penal Code 1203.4) dismisses your conviction and allows you to legally deny the arrest and conviction occurred, with limited exceptions. You can answer "no" on most job applications, housing applications, and background checks. The conviction is essentially removed from public view.
Sealing (under various statutes, including Penal Code 851.8 for arrests not leading to conviction) closes your case file so it's not accessible to the public. However, the conviction or arrest record still exists. Law enforcement, prosecutors, certain government agencies, and courts can still access sealed records. You cannot legally deny the arrest or conviction when asked by these entities.
Expungement provides broader relief because you can truthfully deny the conviction to most employers and landlords. Sealing is more limited because government agencies and law enforcement can still access the record.
Eligibility for sealing is often broader than for expungement. Arrests not resulting in conviction can sometimes be sealed immediately, whereas expungement requires completion of probation or sentence. If ineligible for expungement, sealing might still be available.
Some convictions can be reduced to a lesser offense under Penal Code 17(b), which may then become eligible for expungement. This is a separate remedy worth exploring if your conviction is for a wobbler offense.
Post-Expungement Background Checks and Record Verification
After your expungement is granted, your conviction should no longer appear on standard background checks used by employers and landlords. However, the reality is more nuanced.
The Department of Justice maintains California's criminal history database. Once your expungement order is transmitted to DOJ, they should update their records to reflect the dismissal. However, this process isn't instantaneous, and errors can occur. Verify that your record has actually been updated.
Request a copy of your criminal history report from DOJ to confirm your expunged conviction no longer appears. This is called an "RAP sheet" (Record Arrest and Prosecution sheet). Reviewing your own RAP sheet ensures the expungement was properly processed.
Some background check companies use outdated databases or fail to update records promptly after expungement. If a background check still shows your expunged conviction, you have the right to dispute it. Provide the background check company with a copy of your expungement order and demand they correct their records.
Certain entities are NOT bound by expungement orders. Law enforcement agencies, prosecutors, courts, and certain government agencies can still access expunged records for specific purposes. If you apply for a professional license, certain government positions, or work with vulnerable populations, these entities may discover your expunged conviction.
Expungement doesn't erase the fact that you were arrested. Some background checks specifically ask about arrests, not convictions. If asked "Have you ever been arrested?" you must answer truthfully. However, if asked "Have you ever been convicted?" you can answer "no" regarding an expunged conviction.
For most employment and housing purposes, expungement provides genuine relief. Understanding these nuances helps you navigate situations where your expunged conviction might still surface.
Conclusion
Expunging a criminal record in California is a powerful tool for rebuilding your future, but the process requires careful attention to procedural requirements and eligibility criteria. Understanding Penal Code 1203.4, gathering the right documentation, and presenting a compelling case for dismissal significantly increases your chances of success.
The team at Van Nuys Crime has helped numerous clients navigate the expungement process and achieve record dismissal. With deep experience in California's criminal justice system and familiarity with local court procedures, we guide clients through every step, from eligibility analysis to post-expungement record verification. If you're considering expungement or have questions about whether your conviction qualifies, request a free case evaluation with our firm. We'll review your specific situation and explain your options clearly.
Frequently Asked Questions
Can I expunge my record myself without an attorney in California?
You can file a petition for expungement yourself, known as filing pro per. However, the process involves multiple legal documents, court procedures, and strict filing requirements. Many people benefit from having an attorney guide them through the steps to ensure the petition is completed correctly and filed properly. An attorney can also identify whether your case qualifies for mandatory versus discretionary expungement and help maximize your chances of approval.
How long after a felony conviction can you apply for expungement under Penal Code 1203.4?
Eligibility depends on whether you completed probation successfully. If you successfully completed probation, you can petition immediately after probation ends. If you did not complete probation, you must request early termination of probation before filing for expungement. The court may grant early termination if you demonstrate good cause. Once probation is terminated, you can file your petition for dismissal without waiting additional time.
What types of criminal cases are ineligible for expungement in California?
Certain offenses cannot be expunged, including specific sex crimes, crimes requiring sex offender registration, and some serious violent felonies depending on your prior record. Additionally, if you are currently serving a sentence for another crime or have other pending charges, expungement may be delayed. Your criminal record, sentencing details, and arresting agency information determine your eligibility. A legal professional can review your specific case to confirm whether expungement is available.
Does an expunged record still show up on background checks after the court order?
Once a court grants your petition and issues a court order for dismissal, you can legally state that you were not arrested for that offense in most situations. However, expunged records may still appear in certain contexts, including background checks for peace officer positions, some professional licenses, and housing applications. The Department of Justice maintains records, and some employers may still see sealed convictions. After expungement, you have the right to answer 'no' to questions about arrests for that specific offense in most employment and housing situations.
What is the difference between expungement and record sealing in California?
Expungement under Penal Code 1203.4 sets aside your conviction and allows you to withdraw your guilty plea, resulting in a dismissal. Sealing records, also called petition to seal, removes records from public access but keeps them in a confidential file. Expungement is generally more favorable because it allows you to say you were not convicted in most situations. Some offenses are eligible for sealing but not expungement. Both processes require filing a petition with the court and obtaining a court order.
How much does it cost to expunge a criminal record in California in 2026?
Court filing fees vary by county and court jurisdiction. You can request a fee waiver if you cannot afford the filing costs, which the court may grant based on your financial situation. Attorney fees depend on the complexity of your case, your criminal record, and whether the prosecution objects to your petition. Contact the court clerk's office for current filing fee amounts in your jurisdiction, and discuss payment options with an attorney during your consultation.
Can I expunge multiple convictions from different counties?
Yes, you can petition to expunge convictions from multiple counties, but you must file separate petitions in each court jurisdiction where you were convicted. Each county has its own court system and filing requirements. If you have convictions in different counties, you will need to file with the appropriate court in each jurisdiction and may need to appear at separate hearings. An attorney can help coordinate multi-county expungement petitions and manage the process across jurisdictions.
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