How to Get Your Record Expunged in California: The Complete Guide (2026)

What Is Expungement in California?
Who Qualifies for Expungement?
What Convictions Can Be Expunged?
The California Expungement Process Step-by-Step
How Long Does an Expungement Take?
How Much Does an Expungement Cost?
What an Expungement Does (and Doesn’t) Do
Expungement vs. Record Sealing
How Superior Court Docs Can Help
Frequently Asked Questions

What Is Expungement in California?

Expungement under California Penal Code § 1203.4 allows a person who has been convicted of a crime to petition the court to reopen the case, withdraw the guilty plea, and dismiss the case. It doesn’t erase your record entirely — it changes the record to show a dismissal instead of a conviction.

Think of it as a legal second chance. After expungement, most employers cannot hold the conviction against you, and you can legally answer “no” on most job applications that ask about criminal convictions.

California has some of the most progressive expungement laws in the country, and recent legislation (including AB 1076 and SB 731) has expanded eligibility significantly.

The bottom line: If you completed your sentence and stayed out of trouble, there’s a good chance you qualify for expungement. And at Superior Court Docs, we make the process simple and affordable.

Who Qualifies for Expungement?

You may be eligible for expungement if you meet ALL of the following:

Basic Requirements

✅ You were convicted of a misdemeanor or felony in a California state court
✅ You have completed probation (or can petition for early termination)
✅ You have completed all terms of your sentence (fines, restitution, community service, classes)
✅ You are not currently charged with a crime, on probation for another crime, or serving a sentence for another crime
✅ You were not sentenced to state prison for the conviction (with some exceptions under Prop 47 and SB 731)

Who Does NOT Qualify?

❌ Convictions for certain serious sex offenses involving minors (PC 261.5, 286(c), 288, 288a(c), 289(j))
❌ Some Vehicle Code infractions (these require a different process)
❌ Federal convictions (California courts have no jurisdiction)

What About Felonies?

Many felonies can be expunged, but some may first need to be reduced to misdemeanors using a PC 17(b) motion. This is especially relevant for “wobbler” offenses — crimes that can be charged as either a felony or misdemeanor. If your felony is eligible for reduction, Superior Court Docs can prepare both the reduction and expungement petitions.

What Convictions Can Be Expunged?

Commonly Expunged Offenses

Drug possession (under Prop 47, many are now misdemeanors)
Petty theft and shoplifting
DUI (including felony DUI in some cases)
Assault and battery (non-serious)
Fraud and forgery
Burglary (second degree)
Domestic violence (misdemeanor)
Trespassing
Vandalism
Prostitution

Offenses That CANNOT Be Expunged

Certain sexual offenses involving minors
Offenses where you served time in state prison (with limited exceptions under SB 731)

Multiple Convictions

Yes, you can expunge multiple convictions. Each requires its own petition, and all must meet the eligibility requirements independently.

The California Expungement Process Step-by-Step

Step 1: Obtain Your Criminal Record

Request your criminal history from the California DOJ or the court where you were convicted. You need the exact case number, charges, and disposition for your petition.

Step 2: Verify Probation Completion

Confirm that your probation has been completed or terminated. If you’re still on probation, you can petition for early termination of probation (PC 1203.3) first, then file for expungement.

Step 3: Prepare the Petition

Complete the required forms: – CR-180 — Petition for Dismissal (the main expungement form) – Supporting declaration — A statement explaining why you’re seeking expungement and how you’ve changed

If reducing a felony to a misdemeanor first: – PC 17(b) motion — Filed before or simultaneously with the expungement petition

Step 4: File With the Court

File your petition at the Superior Court where you were convicted. Filing fees vary by court but typically run $60–$120.

Step 5: District Attorney Review

The DA’s office reviews your petition and either: – Does not oppose — Most common for straightforward cases – Opposes — Usually only if you had probation violations or the offense was serious

Step 6: Court Hearing

The judge reviews your petition, the DA’s position, and your complete record. In many uncontested cases, the judge decides based on the paperwork alone (no hearing needed). If the DA opposes, you’ll attend a hearing.

Step 7: Order of Dismissal

If granted, the court issues an order under PC 1203.4 that: – Withdraws your guilty/no contest plea – Enters a plea of not guilty – Dismisses the case – Updates your record in the DOJ database

How Long Does an Expungement Take?

Situation	Timeline
Uncontested (DA doesn’t oppose)	6–10 weeks
Contested (DA opposes, hearing required)	3–6 months
With felony reduction (PC 17b first)	8–14 weeks
With early termination of probation	4–8 months (two-step process)

Los Angeles County note: Due to court volume, LA cases often take longer than the state average. Having your paperwork perfect the first time avoids rejections that add weeks to the process.

How Much Does an Expungement Cost?

Cost	Amount
Court filing fee	$60–$120
Fee waiver (if eligible)	$0

Professional Costs

Service	Cost
DIY (self-file)	$60–$120 (filing fee only)
Document preparation (Superior Court Docs)	$599–$799 + filing fees
Attorney	$1,500–$5,000

Why use document preparation? The expungement petition requires a persuasive declaration, correct legal citations, and precise procedural compliance. One error or weak argument can result in denial. Superior Court Docs prepares everything professionally at a fraction of attorney costs.

What an Expungement Does (and Doesn’t) Do

✅ What Expungement DOES

Releases you from “all penalties and disabilities” of the conviction
Allows you to answer “no” on most job applications asking about convictions
Prevents most private employers from considering the conviction in hiring decisions (California Labor Code § 432.7)
Improves your chances for professional licenses
Helps with housing applications (many landlords check criminal records)
Provides psychological closure — your record shows a dismissal, not a conviction

❌ What Expungement Does NOT Do

Erase your record — The arrest and original conviction remain visible to law enforcement and certain agencies
Restore gun rights — Expungement alone does NOT restore firearm rights. You need a separate gun rights restoration
Remove sex offender registration — If applicable, this requires a separate petition
Help with federal government jobs — Federal agencies can still see expunged records
Remove immigration consequences — Expungement does not eliminate deportation risk
Reset a DUI prior — An expunged DUI still counts as a prior if you get another DUI within 10 years

Expungement vs. Record Sealing

People often confuse expungement and record sealing. Here’s the difference:

Feature	Expungement (PC 1203.4)	Record Sealing (PC 851.91/SB 731)
What it does	Changes conviction to dismissal	Hides the entire record from view
Who sees it	Still visible to law enforcement	Not visible to anyone (with limited exceptions)
Eligible offenses	Most convictions	Arrests without conviction; some convictions under SB 731
Effect on background checks	Shows as “dismissed”	Not visible at all
Gun rights	Not restored	Depends on the underlying offense

When Is Record Sealing Better?

If you were arrested but never convicted (charges dropped, acquitted, or case dismissed), record sealing under PC 851.91 completely hides the arrest from public view — which is more comprehensive than expungement.

Under SB 731 (effective July 2023), certain felony convictions are now eligible for automatic record sealing if the person completes their sentence and remains conviction-free for 4 years.

How Superior Court Docs Can Help

Superior Court Docs has helped hundreds of Californians petition for expungement. We prepare:

CR-180 Petition for Dismissal — Properly completed with your case information
Supporting declaration — A compelling, well-written statement of rehabilitation
PC 17(b) motion — For felony-to-misdemeanor reductions (when applicable)
Early termination of probation petition — If you’re still on probation
Filing instructions — Step-by-step for your specific courthouse

Expungement document preparation starts at $599.

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📞 Ready for a fresh start? Call (213) 973-7248 or begin your expungement today.

Frequently Asked Questions

Does an expungement show up on a background check?

After expungement, your record shows the case as dismissed rather than a conviction. Most private employers running background checks will see the dismissal. California law (Labor Code § 432.7) prohibits most employers from asking about or considering dismissed convictions. However, law enforcement, government agencies, and certain licensing boards can still see the original conviction.

Can a felony be expunged in California?

Yes, many felonies can be expunged under PC 1203.4, provided you completed probation and all sentence terms. Some felonies — particularly “wobblers” — can first be reduced to misdemeanors via a PC 17(b) motion before being expunged, which provides even greater benefits. Contact Superior Court Docs to see if your felony qualifies.

How long does it take to get an expungement in California?

For uncontested cases (where the DA doesn’t oppose), expect 6–10 weeks from filing to receiving the order of dismissal. If the DA opposes or the case is complex, it can take 3–6 months. Cases requiring early termination of probation first can take 4–8 months total.

Will expungement restore my gun rights?

No. Expungement under PC 1203.4 specifically does not restore the right to own or possess firearms. If your conviction resulted in a firearms prohibition, you’ll need a separate gun rights restoration process, which may include a Certificate of Rehabilitation, a Governor’s Pardon, or a PC 17(b) reduction.

Can I expunge a DUI in California?

Yes, both misdemeanor and some felony DUI convictions can be expunged in California. However, an expunged DUI still counts as a prior offense if you’re arrested for another DUI within 10 years. The expungement primarily helps with employment and professional licensing.

This guide is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult with a California criminal defense attorney.