A past conviction can follow you into job applications, housing searches and licensing boards long after the case is over. California law offers several ways to clear or reduce a record, and the right one depends on how your case ended, what you were sentenced to and what has happened since.
Dismissal after probation: Penal Code § 1203.4
What most people call an “expungement” in California is a dismissal under Penal Code § 1203.4. If you were granted probation and completed it, or the court ended it early, you can ask the court to withdraw your guilty or no contest plea (or set aside a guilty verdict), enter a plea of not guilty and dismiss the case.
- If you fulfilled every condition of probation for its full term and are not serving a sentence, on probation or facing new charges, the court generally must grant the dismissal.
- If you violated probation or it was revoked, the court can still grant relief in the interests of justice. Your conduct since the case matters.
- Certain offenses are excluded by § 1203.4(b), including several sex offenses involving minors, such as offenses under Penal Code § 286(c), § 288 and § 288.5.
Other paths to relief
Not every case ended in probation, so California has related statutes for other situations:
- Penal Code § 1203.4a covers misdemeanors and infractions where you were not granted probation. You can generally apply one year after the date of judgment if you have complied with the sentence, are not facing new charges and have lived an honest and upright life since.
- Penal Code § 1203.41 covers felonies sentenced to county jail under realignment, Penal Code § 1170(h). There is a waiting period after you complete the sentence, and relief is up to the court.
- Penal Code § 1203.42 covers older felony cases sentenced before realignment that would have qualified for county jail under § 1170(h) had it existed at the time.
- Penal Code § 1203.425 provides automatic conviction relief for many eligible convictions, without a petition. Laws such as SB 731 expanded it to more cases, including some felonies after a waiting period without new convictions. It excludes serious and violent felonies and offenses requiring sex-offender registration, it depends on state records being processed, and it is not always complete. It is worth checking your record rather than assuming relief has already been applied.
Reducing a felony or reclassifying an offense
Clearing a record is not only about dismissal. Some changes reduce the level of the conviction itself.
- Wobbler reduction, Penal Code § 17(b). Many California offenses can be charged as either a felony or a misdemeanor. If you were granted probation on a wobbler felony, you can ask the court to declare it a misdemeanor. This is often done together with a § 1203.4 dismissal. It is generally not available if you were sentenced to state prison.
- Proposition 47, Penal Code § 1170.18. Certain drug possession and lower-value theft offenses that were felonies before November 2014 can be redesignated as misdemeanors on application. People with certain prior convictions, or who must register as sex offenders, are excluded.
- Certificate of rehabilitation, Penal Code § 4852.01 and following. For some people with felony convictions, a court can find that you have been rehabilitated after a period of residence in California and good conduct. A certificate is also forwarded to the Governor as an application for a pardon.
What a dismissal does and does not do
A dismissal is meaningful, but it is not the same as erasing the case.
- Private employment. You can generally answer “no” when a private employer asks whether you have been convicted, and California law generally limits private employers from considering a dismissed conviction.
- Licensing and public office. You must still disclose the conviction when applying for a state license, for public office, or to contract with the California State Lottery.
- Prior convictions. A dismissed conviction can still be charged and proven as a prior in a later case. A dismissed DUI still counts as a prior for a new DUI within 10 years, and the DMV record is not changed by the dismissal.
- Firearms. A § 1203.4 dismissal does not restore the right to own or possess a firearm after a felony conviction.
- Sex-offender registration. A dismissal does not end a duty to register. Ending registration is a separate process.
- Immigration. Federal immigration authorities generally do not treat a state dismissal as erasing a conviction. If you are not a U.S. citizen, get advice on immigration consequences specifically.
Sealing arrest records
If you were arrested but not convicted, the arrest can still appear on a background check. Penal Code § 851.91 lets you petition to seal an arrest that did not result in a conviction, in many cases as a matter of right. Penal Code § 851.87 provides for sealing after successful completion of certain diversion programs. Sealing is different from a finding of factual innocence, which is a separate and harder standard. You can use the expungement checker to see which of these paths may apply to you.
How Eric H. Hintz approaches record clearing
Eric H. Hintz has practiced Criminal Defense in California since 1985 and handles cases in any California county. In a record-clearing matter, the work starts with the court file and your criminal history: how the case ended, the exact sentence, whether probation was completed, and whether any new cases exist. From there he looks at which petitions you qualify for, whether a § 17(b) reduction should be requested at the same time, and what the court is likely to want to see in support. He will tell you plainly if relief is not available or is unlikely.
Consultations are free for people who are out of custody. To talk about your record, call the office at (916) 465-6500 or call or text 24 hours at (916) 802-5979. You can also review the consultation checklist before you call.
Common questions
Will an expungement erase my conviction?
No. A dismissal under Penal Code § 1203.4 changes the record to show that the plea was withdrawn and the case dismissed, but the case still exists in court and Department of Justice records. It can still be used as a prior conviction in a later case, and you must still disclose it for state licensing, public office and California State Lottery contracts.
Can I get my record cleared if I violated probation?
Often, yes. If you completed probation without problems, a § 1203.4 dismissal is generally granted as a matter of right. If you violated probation, the court has discretion to grant relief in the interests of justice. Judges typically look at the nature of the violation, how long ago it happened and what you have done since.
Does a dismissal restore my gun rights?
Not for a felony. Penal Code § 1203.4 states that a dismissal does not permit a person to own or possess a firearm if they are otherwise prohibited. Reducing a wobbler felony to a misdemeanor under § 17(b) can affect firearm rights in some cases, but certain misdemeanors carry their own prohibitions, and federal law must also be considered.
Is my record already cleared automatically under Clean Slate?
It may or may not be. Penal Code § 1203.425 provides automatic relief for many eligible convictions, but it depends on the type of offense, waiting periods, any new convictions and state records being processed correctly. Many serious, violent and registrable offenses are excluded. Checking your actual record is the reliable way to know.
Does an expunged DUI still count against me?
Yes, for several purposes. A DUI dismissed under § 1203.4 still counts as a prior if you are charged with another DUI within 10 years, which can raise the penalties. The dismissal also does not change your DMV driving record. It can still help with private employment, where you can generally answer that you have not been convicted.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.