How to Get a Criminal Conviction Expunged or Dismissed in California

If you have been convicted of a crime in California, did you know you may be able to have it dismissed under certain circumstances? This is known as expungement, and we will explain what it is, what it isn’t, and how to get it.

What is an expungement?

An expungement in California is the dismissal of a criminal conviction, under California Penal Code Section 1203.4. It does not actually seal, purge, or destroy the record of the case.

What are the effects of an expungement?

Only dismisses specific conviction you file an expungement petition for
Helps obtain employment, as there are laws prohibiting employers from discriminating against those with dismissed convictions
Modifies what government employers see on background checks: dismissed convictions instead of convictions
Improves likelihood of obtaining professional license, due to laws banning California Department of Consumer Affairs agencies from denying a license based on dismissed conviction
Can assist with getting government-funded housing

Limitations of an expungement

Jobs that require Live Scan background check will still see the conviction
Does not remove requirement to register as sex offender
Does not mitigate immigration consequences
Still counts as a “strike” under 3 Strikes rule
Does not reinstate driving privileges
Does not restore gun rights

Who is eligible for expungement in California?

Eligible individuals may not:

Be currently serving a sentence for any offense
Be currently charged with commission of any offense
Be currently on probation for any offense
Have outstanding warrants

Eligible convictions include:

Misdemeanors and infractions
Felonies with county jail sentence or probation
Red flag: prison time (more difficult to get expunged)

Convictions not eligible:

Some sexual offenses involving minors (PC Sec 1203.4)
Juvenile adjudications – can get these sealed instead
Federal convictions (under CA law)
Out of state convictions (under CA law)

What are the types of expungement?

There are two types of expungement: (1) traditional expungement, which dismisses the conviction, and (2) reductions in terms of the severity of conviction

Traditional expungements are available in the following situations:

When probation is granted (PC 1203.4)
When probation is not granted, conviction is not felony or traffic ticket (1203.4(a))
Sentenced to prison terms to be served in county jail (non-violent, non-serious offenses) (1203.41)
Served prison term for offenses that would now be sentenced to county jail (1203.42)
Deferred Entry of Judgement (1203.43)
Solicitation/prostitution – human trafficking (1203.49)

Reductions in the severity of the conviction are available in the following situations:

Misdemeanor “wobblette” convictions can potentially be reduced to infraction (aka “ticket”) (PC 17(d)(2))
- Completed jail sentence or payment of fine
- Eligible offenses:
  - Disturbing the peace (PC 415)
  - Trespass on posted property (PC 555)
  - Failure to appear in court on penal code violation (PC 853.7)
  - Trespass by driving (PC 602(m))
  - Petty theft of property valued $50 or less (PC 490.1)
  - Appropriation of lost property (PC 485)
  - Relinquishing a motor vehicle to a minor under the circumstances (PC 193.8)
Felony “wobbler” convictions can potentially be reduced to misdemeanors (PC 17(b))
- At discretion of court
- Eligible if sentenced to probation or county jail
- Restores CA gun rights
- Penalties that are unchanged
  - Remains a strike under 3 Strikes Law
  - Does not remove any requirement for sex offender registration
  - Federal government still recognizes conviction as felony
Prop 47 – allows felony convictions of some theft and drug possession to be reduced to misdemeanors
Prop 64 – allows felony convictions for certain marijuana related offenses to be reduced to misdemeanors; also seals the record
- Eligible felonies:
  - Marijuana possession
  - Planting, harvesting, or processing
  - Possession for sale
  - Unlawful transportation, sale, or gift

Are expungements granted automatically?

Some expungements are granted automatically (known as mandatory dismissal); while other are up to the discretion of the court (discretionary).

Mandatory

There are 3 circumstances where mandatory expungement occurs:

Fulfilled conditions of probation for entire period of probation (1203.4)
Discharged prior to termination of period of probation (1203.4)
“Has, since pronouncement of judgment, lived an honest and upright life and conformed to and obeyed the laws of the land” (1203.4A). Means as long as they didn’t get arrested within 1 year from being released from jail

Discretionary

The circumstances in which discretionary expungements may be granted include:

Any revocation or violation of probation
Another offense committed within 1 year of sentence
Sentenced to prison terms to be served in county jail (non-violent, non-serious offenses) (1203.41)
Served prison term for offenses that would now be sentenced to county jail (1203.42)
Serving as firefighter while incarcerated (AB 2147; PC 1203.4b)
- Eligibility
  - Participated in California Conservation Camp program as incarcerated individual hand crew member
  - Being on probation or parole is not a disqualifying circumstance
- Disqualifying offenses
  - Murder, kidnapping, rape, lewd acts on a child under 14, felony punishable by death or life, sex offenses that require registration pursuant to PC 290, arson
- Effect
  - Court will grant early termination of probation and/or parole
  - Not required to disclose the conviction on application for licensure by any state or local agency

How to get expungement (dismissal) of a conviction?

To get a conviction expunged (dismissed) in California, you must file a petition for dismissal, which generally includes the following forms:

CR-180: Petition for Dismissal
CR-181: Order for Dismissal
Declaration (can use MC-030 form): statement of why you feel you deserve dismissal; emphasize changes you have made in your life, rehabilitation since offense, and current need for expungement
Proof of Service form (POS-030)
Fee waiver forms (if applicable)

You will need the following information: