Reviewed by Paul Hecht, California Expungement Attorney | Last Updated: July 2026
Yes. Under California Penal Code § 1203.4, most people who completed probation and met all sentencing requirements may petition the court to dismiss their conviction. Expungement does not erase the record — it updates it to show a court-ordered dismissal, which improves how the case appears in most background checks.
Who Qualifies for Expungement in California?
You are likely eligible for expungement under California Penal Code § 1203.4 if all of the following apply:
- You completed probation in full, or qualify for early termination of probation
- You paid all court-ordered fines, fees, and restitution
- You are not currently charged with, serving a sentence for, or on probation for another criminal offense
- Your conviction did not result in a state prison sentence (with limited post-2011 Realignment exceptions)
Expungement is not automatic. The court reviews each petition individually and has discretion to grant or deny relief based on the circumstances of the case.
- You are currently serving a sentence or on probation for any other offense
- You have active criminal charges pending against you
- Your conviction falls under the statutory exclusions in California Penal Code § 1203.4(b) — which include certain serious sex offenses involving minors (PC §§ 261.5(d), 286(c), 288, 288.5, and 289(j)) and certain Vehicle Code violations
- You have unpaid fines or restitution still owed to the court
- You received a state prison sentence for the conviction (in most cases — certain post-2011 Realignment convictions may qualify at the court’s discretion)
Who Does Not Qualify for Expungement in California?
- You may not be eligible if any of the following apply:
- A probation violation does not automatically bar eligibility, but it may require the court to hold a hearing before ruling on the petition.
What Does Expungement Actually Do to Your Record in California?
Expungement under Penal Code § 1203.4 causes the court to:
- Reopen the case
- Withdraw the original guilty plea or verdict
- Enter a plea of not guilty
- Dismiss the case
The criminal conviction is then reflected in court records as dismissed. This is the legal distinction that matters in most employment background checks, housing applications, and professional licensing reviews.
What expungement does not do:
- It does not fully erase the record from government databases
- It does not restore gun rights (a separate legal process)
- It does not apply to sex offender registration requirements in most cases
- It does not prevent the record from appearing in certain law enforcement or licensing board searches
What Types of Convictions Qualify for Expungement in California?
Under PC § 1203.4 (requires probation to have been granted):
- Misdemeanor convictions where probation was granted
- DUI convictions at the misdemeanor level (where probation was granted)
- Felony convictions where the court granted probation instead of a state prison sentence
- Felony “wobbler” convictions that can be reduced to misdemeanors under PC § 17(b) before expungement
Under PC § 1203.4a (for convictions where probation was not granted):
- Misdemeanor convictions where no probation was ordered, after 1 year from the date of conviction
- Infraction convictions (non-Vehicle Code), after 1 year from the date of conviction
Cases involving state prison sentences are generally not eligible under PC § 1203.4 or § 1203.4a and may require a Certificate of Rehabilitation under PC § 4852.01 or a Governor’s Pardon.
How Does the Court Decide Whether to Grant Expungement?
Courts evaluate expungement petitions based on several factors beyond basic eligibility. Even when all requirements are met, the judge has discretion. Factors the court may consider include:
- Evidence of rehabilitation since the conviction
- The nature and seriousness of the original offense
- Time elapsed since the conviction
- Employment and community contributions
- Any prior criminal history
A well-prepared petition that documents rehabilitation and compliance gives a stronger case before the court.
How Long Does It Take to Get an Expungement in California?
- Straightforward misdemeanor cases: typically 6 to 10 weeks
- Cases involving felony convictions or prior violations: 3 to 6 months or longer
- Cases with outstanding records issues or multi-county history: may take longer
Court backlogs, missing documents, and filing errors are the most common reasons expungement cases are delayed.
Why Do People Pursue Expungement in California?
The most common reason people seek expungement is to improve their ability to pass employment background checks. Under California Labor Code § 432.7, most private employers are prohibited from asking about expunged convictions on job applications.
- Qualifying for professional licenses (real estate, healthcare, contracting)
- Improving housing application outcomes
- Accessing certain educational programs or financial aid
- Removing a conviction that no longer reflects who they are
Frequently Asked Questions
Can I clear my criminal record in California?
Yes. Most people who completed probation and paid all court-ordered fines may be eligible to have their conviction dismissed under California Penal Code § 1203.4. Eligibility depends on the conviction type, sentence completed, and whether any new charges are pending.
Does expungement erase my criminal record in California?
No. Expungement under PC § 1203.4 dismisses the conviction and updates the court record to show a not guilty disposition. The underlying arrest and case record still exists but reflects the dismissal in most background check systems.
Can a felony be expunged in California?
Some felonies can be expunged. If the court granted probation instead of a state prison sentence, the conviction may qualify under PC § 1203.4. Certain felonies may also be reduced to misdemeanors under PC § 17(b) before filing for expungement.
Can a DUI be expunged in California?
Many DUI convictions at the misdemeanor level qualify for expungement once probation is completed and all fines are paid. A California expungement attorney can review the specific conviction details to confirm eligibility.
What happens if I violated probation — can I still get expunged?
A probation violation does not automatically disqualify you from expungement, but it may require the court to hold a hearing. The judge will consider the circumstances of the violation when deciding whether to grant the petition.
Is expungement automatic in California?
No. Expungement requires filing a formal petition with the court where the conviction occurred. The court reviews the petition and either grants or denies it. It is not automatic even when all eligibility requirements are met.
Can I get expunged while still on probation?
Not directly, but California Penal Code § 1203.3 allows you to petition the court to terminate probation early. If granted, you may immediately file for expungement under PC § 1203.4. In practice, most California courts require at least 12 to 18 months of probation to have been served before considering early termination.
Do expunged convictions show up on background checks?
Most private background checks will reflect the dismissal rather than the conviction after expungement is granted. However, some law enforcement agencies, licensing boards, and government employers may still see the underlying record.
How do I find out if I qualify for expungement in California?
Eligibility is based on your specific case history — conviction type, probation status, fines, and any new charges. The fastest way to know is a case review by a California expungement attorney.
Find Out If You Qualify — Free Case Review
Eligibility depends on the specific details of your case. RecordGone offers a free review to determine whether your conviction qualifies for expungement under California law.
→ How the California Expungement Process Works (Page 2)
→ Expungement vs. Record Sealing in California (Page 3)
→ California Expungement Cost and Timeline (Page 4)
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.
