Reviewed by Paul Hecht, California Expungement Attorney | Last Updated: July 2026
Expungement and record sealing are two separate legal processes in California with different outcomes. Expungement under Penal Code § 1203.4 dismisses a conviction after probation is completed. Record sealing under Penal Code § 851.91 restricts public access to arrest records that did not result in conviction. They serve different purposes and have different eligibility rules.
What Is Expungement in California?
Expungement under California Penal Code § 1203.4 is a court order that dismisses a criminal conviction after the person has completed their sentence. The court withdraws the guilty plea or verdict, enters a not guilty plea, and dismisses the case.
Key facts about California expungement:
- Applies to most misdemeanor convictions and some felonies granted probation
- Requires completion of probation and payment of all fines and restitution
- Does not erase the underlying record — it shows the case as dismissed
- Most employers subject to California Labor Code § 432.7 cannot ask about expunged convictions
- Still visible to law enforcement, courts, and certain licensing boards
Expungement is the correct remedy when you have a conviction and have completed your sentence.
What Is Record Sealing in California?
Record sealing in California restricts public access to certain criminal records, making them unavailable in most standard background checks. The primary statute for adult record sealing is California Penal Code § 851.91, which applies to arrests that did not result in conviction.
Key facts about California record sealing:
- Primarily applies to arrests, charges dropped, or cases dismissed before conviction
- Also available for certain cases resolved through diversion programs
- Sealed records are generally not accessible to employers or the public
- Automatic sealing: misdemeanor arrest records are automatically sealed 1 year after no charges are filed; felony arrest records are automatically sealed 3 years after no charges are filed
- Important exception: you are still required by law to disclose the arrest when applying for public office, peace officer positions, certain state licenses, and contracting with the California State Lottery Commission
Record sealing is the correct remedy when you were arrested but not convicted, or when your case was dismissed before a verdict.
Expungement vs. Record Sealing — Side-by-Side Comparison
- California Statute: Expungement = PC § 1203.4 | Record Sealing = PC § 851.91
- Applies To: Expungement = Convictions | Sealing = Arrests / non-convictions
- Requires: Expungement = Completed probation + fines paid | Sealing = Case dismissed or no conviction
- Legal Outcome: Expungement = Conviction dismissed | Sealing = Record hidden from public access
- Employer Visibility: Expungement = Most private employers cannot ask (Labor Code § 432.7) | Sealing = Generally not visible in standard checks
- Government/Law Enforcement: Both = Still accessible. Sealing also requires disclosure for peace officer roles, public office, and certain licenses
- Record Erased?: Both = No — record is either dismissed or restricted, not erased
- Can You Do Both?: Yes — if you have both a conviction and a separate non-conviction arrest record
Which Is Better — Expungement or Record Sealing?
The right option depends entirely on what is on your record.
Choose expungement if:
- You were convicted of a crime and completed probation
- You want to clear a misdemeanor, DUI, or felony granted probation
- Your case resulted in a guilty plea, verdict, or conviction at any level
Choose record sealing if:
- You were arrested but the charges were dropped or never filed
- Your case was dismissed before a conviction occurred
- You completed a diversion program and the case was closed without conviction
In some situations, a person may pursue both remedies — expungement for a past conviction and record sealing for a separate unrelated arrest. These are independent filings with separate petitions.
Can Your Criminal Record Be Completely Erased in California?
No. California law does not fully erase or destroy criminal records in most circumstances. Both expungement and record sealing update or restrict the record — they do not eliminate it entirely.
- After expungement: the record shows the case as dismissed, not erased
- After record sealing: the record is restricted from public view but still exists in law enforcement databases
- Certain government agencies, courts, and licensing boards retain access regardless of expungement or sealing
Why the Distinction Between Expungement and Record Sealing Matters
Filing the wrong petition wastes time and may result in a denial. Courts will not grant expungement for a non-conviction record, nor will they seal a conviction under the arrest sealing statute.
- Employers in California are generally prohibited from asking about expunged convictions under Labor Code § 432.7, but rules vary for sealed records
- Professional licensing boards (medical, legal, real estate) have different rules for how they treat expunged vs. sealed records
- Immigration consequences may differ — consult an immigration attorney before pursuing either remedy if immigration status is a concern
Frequently Asked Questions
Is expungement the same as record sealing in California?
No. Expungement under Penal Code § 1203.4 dismisses a conviction. Record sealing under Penal Code § 851.91 restricts public access to arrest records that did not result in a conviction. They are governed by different statutes and apply to different situations.
Which removes more from a background check — expungement or record sealing?
Record sealing generally provides stronger protection against public visibility because the arrest record is restricted from most searches. Expungement dismisses the conviction but the case may still appear in certain checks, reflecting the dismissal rather than the conviction.
Can I get both expungement and record sealing in California?
Yes, if you have both a conviction (eligible for expungement) and a separate non-conviction arrest (eligible for sealing), you may pursue both remedies independently through separate petitions.
Does expungement hide my record from employers in California?
For most private employers in California, yes — California Labor Code § 432.7 prohibits employers from asking about or using expunged convictions in hiring decisions. However, certain employers (government agencies, law enforcement, licensed professions) may still access the record.
Can a conviction be sealed in California?
Generally, no. Convictions are typically addressed through expungement under PC § 1203.4, not record sealing. Record sealing under PC § 851.91 applies to arrests and cases that did not result in conviction.
Does record sealing remove an arrest from background checks?
After a record is sealed under PC § 851.91, it is generally not accessible in standard public or employer background checks. However, by statute, you are still required to disclose a sealed arrest when applying for public office, peace officer employment, certain state licenses, and contracting with the California State Lottery Commission.
Do I need to petition the court to seal my arrest record, or is it automatic?
It depends. Under PC § 851.91 you can file a petition. Additionally, misdemeanor arrest records are automatically sealed one year after no charges are filed, and felony arrest records are automatically sealed three years after no charges are filed — with no petition required.
How long does record sealing take in California?
Most straightforward petitions are resolved within 60 to 90 days. Cases with contested facts or missing records may take longer.
Can felonies be sealed in California?
Most felony convictions are not eligible for record sealing — they are addressed through expungement or other remedies. However, a felony arrest that did not lead to conviction may be sealable under PC § 851.91.
Not Sure Which Applies to Your Case? Get a Free Review.
Whether you need expungement, record sealing, or both, RecordGone reviews your specific record and recommends the right legal remedy for your situation.
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Legal Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship between you and Paul Hecht or this law firm. Every case is different, and laws may change. Do not rely on this content as a substitute for individualized legal advice from a licensed California attorney. If you have questions about your specific situation, contact our office for a free case review.
