“Expungement” is the term most people use, but California law calls it a dismissal under Penal Code §1203.4. Either way, the result is the same: the conviction is set aside, the plea is withdrawn, and the case is dismissed.
Who Qualifies?
You may be eligible for expungement if:
- You completed probation successfully (or were never placed on probation)
- You’re not currently charged with, on probation for, or serving a sentence for any criminal offense
- The offense did not involve certain serious crimes (some sex offenses, certain Vehicle Code violations, etc.)
Most misdemeanors and many felonies are eligible. State prison sentences create more complex eligibility — but new legislation has expanded options significantly in recent years.
What Expungement Does
Once granted, you can legally answer “no” to most questions asking whether you’ve been convicted of a crime — including most private employment applications. The conviction shows as “dismissed” on most background checks.
What Expungement Doesn’t Do
“Expungement is powerful — but it isn’t erasure. The case still exists in the legal system; it just changes how the world sees it.”
- It doesn’t remove the conviction from your record entirely. Law enforcement and courts still see it.
- It doesn’t restore gun rights for felony convictions.
- It doesn’t help with most state professional licensing applications, which can still see the conviction.
- It doesn’t seal the case — separate proceedings are needed for that.
The Process
- File a Petition for Dismissal in the court where the conviction occurred.
- Serve the District Attorney with the petition.
- Wait for a hearing (usually scheduled 6-12 weeks out).
- Attend the hearing — or have your attorney appear on your behalf.
- Receive the order from the judge, typically within days.
How Long Does It Take?
From filing to final order, expungement typically takes 3-6 months in most California counties. Complex cases or those requiring oral argument can take longer.
Recent Changes
California has been steadily expanding access to expungement. AB 1076 created automatic relief for some convictions, and Prop 64 retroactively reduced many marijuana convictions, making them expungement-eligible. The legal landscape continues to evolve in favor of people seeking a clean slate.
Is It Worth It?
Almost always, yes. Expungement opens doors that a conviction quietly closes — housing applications, job opportunities, professional licensing, and personal peace of mind. The court fees are typically a few hundred dollars; the long-term value can be enormous.