How to Get Your Criminal Record Expunged in California

California allows most people who have completed probation to petition for expungement of their criminal record under Penal Code 1203.4. Expungement withdraws your guilty or no-contest plea, re-enters a not-guilty plea, and the court dismisses the case. This does not erase the record entirely, but it removes the conviction — which means you can legally answer "no" when asked if you have been convicted of a crime on most job applications. If you are eligible, the process typically takes 4 to 8 weeks and can be handled by a criminal defense attorney on your behalf.

Who Is Eligible for Expungement in California?

Eligibility for expungement under Penal Code 1203.4 depends on several factors. You may be eligible if:

• You were convicted of a misdemeanor or a felony that could have been charged as a misdemeanor (a "wobbler");
• You successfully completed probation, or the court grants early termination of probation;
• You are not currently charged with a crime, on probation for another offense, or serving a sentence; and
• You were not sentenced to state prison for the offense (county jail is fine — state prison is the dividing line).

If you were sentenced to state prison, you may still be eligible under Penal Code 1203.42 if the offense would now be punishable by county jail under realignment (AB 109). This is a more recent change that expanded eligibility significantly.

Certain offenses are not eligible for expungement, including most sex crimes listed under Penal Code 290 (sex offender registration offenses) and certain serious offenses involving minors. However, the list of eligible offenses is far broader than most people realize. DUI convictions, drug possession, theft, assault, domestic violence, and many felonies are all potentially eligible.

The Expungement Process — Step by Step

The California expungement process involves several steps, most of which your attorney handles on your behalf.

Step 1: Case review and eligibility determination

Your attorney reviews your criminal record, confirms the conviction, verifies that probation was completed, and checks for any disqualifying factors. This is done during a free consultation at our office.

Step 2: Petition preparation

Your attorney prepares a Petition for Dismissal (form CR-180) along with supporting declarations and a memorandum of points and authorities explaining why the court should grant the petition. The petition includes your case number, the conviction, the date probation was completed, and a statement of your current situation.

Step 3: Filing with the court

The petition is filed with the Superior Court in the county where you were convicted. For Elk Grove and Sacramento County convictions, this is the Sacramento County Superior Court. Filing fees vary but are typically $120 to $150. Some courts waive fees for indigent petitioners.

Step 4: District Attorney review

The DA's office is served with the petition and has the opportunity to object. In practice, most routine expungement petitions are not opposed, especially when the petitioner has a clean record since the conviction and has completed all terms of probation.

Step 5: Court hearing or ruling

Some courts grant expungement petitions without a hearing (on the papers). Others schedule a brief hearing. Your attorney can appear on your behalf in most cases. If granted, the court enters an order withdrawing your plea, entering a not-guilty plea, and dismissing the case.

Step 6: Record update

After the court grants expungement, the order is sent to the California Department of Justice, which updates the criminal record to reflect the dismissal. This update can take 4 to 8 weeks to appear in background check databases.

What Expungement Does and Does Not Do

It is important to understand the scope and limitations of expungement in California.

What expungement does

• Removes the conviction from your criminal record for most purposes.
• Lets you legally answer "no" on job applications that ask about criminal convictions (with some exceptions below).
• Eliminates the conviction as a barrier to most professional licenses.
• Improves your ability to secure housing, as many landlords run background checks.
• Restores your personal sense of closure and helps you move forward.

What expungement does not do

• It does not erase the arrest record — the arrest still appears, but with a notation that the case was dismissed.
• It does not restore firearm rights lost due to a felony conviction (a separate process — Certificate of Rehabilitation or a governor's pardon — is required).
• It does not remove a DUI from your DMV driving record for purposes of counting prior offenses within 10 years.
• It does not prevent the conviction from being used as a prior offense if you are charged with a new crime.
• It does not apply to federal background checks for law enforcement positions, government security clearances, or state licensing boards that specifically ask about dismissed cases.

How Much Does Expungement Cost in California?

The cost of expungement in California depends on whether your case is straightforward or requires additional work. For a simple misdemeanor expungement where probation was completed without violations, attorney fees typically range from $1,000 to $2,500. For felony expungements — wobblers that need to be reduced to misdemeanors first under Penal Code 17(b) before expungement — fees typically range from $1,500 to $3,500. Cases that require early termination of probation first add an additional $500 to $1,500.

Court filing fees are typically $120 to $150, though fee waivers are available. Attorney Randall T. Shrout provides a transparent fee estimate during your free consultation, and payment plans may be available. For a broader look at legal fees, see our guide on what a criminal defense attorney costs in Sacramento.

Expungement Timeline — How Long Does It Take?

From the date your attorney files the petition to the date the court grants the order, the typical timeline in Sacramento County is 4 to 8 weeks. Straightforward misdemeanor cases with no DA opposition are often granted within 4 to 6 weeks. Cases that require a hearing or involve DA opposition may take 6 to 10 weeks. If early termination of probation is needed first, add 4 to 6 weeks for that process.

After the court grants the order, the California DOJ updates the record within another 4 to 8 weeks. So from start to finish, most clients see their updated record within 3 to 4 months.

Special Situations

Prop 47 reclassification

If you were convicted of a felony that was reclassified as a misdemeanor under Proposition 47 (2014) — such as drug possession for personal use or shoplifting under $950 — you can petition for reclassification and then expungement. This is a separate petition under Penal Code 1170.18.

Prop 64 marijuana convictions

If you have a marijuana conviction for conduct that is now legal or reclassified under Proposition 64 (2016), you may be eligible for resentencing, reduction, or dismissal. Many marijuana convictions can be completely cleared. If your record involves an old drug case, our drug charges defense page explains how these offenses are handled today.

Certificates of Rehabilitation

For felonies that are not eligible for standard expungement — particularly those involving state prison sentences — a Certificate of Rehabilitation is an alternative path. This is a more involved process that requires a hearing and demonstrates sustained rehabilitation, but it carries significant benefits, including an automatic pardon application forwarded to the governor.

Frequently Asked Questions

Can I expunge a felony in California?

Yes, if the felony is a "wobbler" — an offense that could have been charged as either a felony or misdemeanor. Your attorney first petitions the court to reduce the felony to a misdemeanor under Penal Code 17(b), then petitions for expungement under 1203.4. Many common felonies, including grand theft, assault with a deadly weapon, and certain drug offenses, are wobblers.

Can I expunge a DUI conviction?

Yes. DUI convictions (Vehicle Code 23152) are eligible for expungement under Penal Code 1203.4 after probation is completed. This clears the criminal conviction but does not remove the DUI from your DMV record for purposes of prior offense counting within 10 years. If you're still early in a DUI case, start with our guide on what to do after a DUI arrest.

Will an expunged record show up on a background check?

It depends on the type of background check. Most employment background checks through third-party screening companies will show the case as dismissed. The arrest may still appear. Certain government and law enforcement background checks will see the full history. California law (Labor Code 432.7) prohibits most employers from considering arrests that did not lead to conviction and convictions that have been expunged.

Can I expunge my record if I violated probation?

It is more difficult but not impossible. If your probation was revoked and reinstated, or if you violated terms but ultimately completed probation, the court has discretion to grant expungement. If probation was terminated unsuccessfully, your attorney can petition the court for relief using the discretionary provision of Penal Code 1203.4(a). Having an attorney advocate for you at this stage is especially important.

Do I need to go to court for expungement?

In most cases, no. Your attorney files the petition on your behalf and can appear at any hearing without you being present. Many Sacramento County expungement petitions are granted without any hearing at all — the judge reviews the papers and issues the order.

How far back can I go for expungement?

There is no time limit. You can petition for expungement of a conviction from 1, 5, 10, or 30-plus years ago, as long as you meet the eligibility requirements. In fact, older convictions with a clean record since are among the easiest to expunge.

Ready to clear your criminal record? Attorney Randall T. Shrout has helped clients across California expunge convictions and start fresh. Learn more about our expungement practice, request a free consultation, or call (916) 937-8233 to find out if you are eligible.