Last reviewed: 2026-05-10
California record clearing: a plain-English guide
California has the most layered record-clearing scheme in the country. There are five main mechanisms, and most working professionals end up using two or three together. This guide walks through each one with statute citations, then explains which paths apply to which kind of case.
1. Set-aside and dismissal — PC §§ 1203.4, 1203.4a
These are the most-used mechanisms. After successful probation completion (or, with PC §1203.4a, one year after misdemeanor sentencing without probation), the court allows you to withdraw your plea, enter not guilty, and have the case dismissed. The conviction is relieved of most consequences but remains a strike for sentencing purposes (PC §667) and remains visible to certain agencies. Some sources call this “expungement” — the term is colloquial; the legal term is “set-aside and dismissal”.
2. Felony-to-misdemeanor reduction — PC §17(b)
California has many wobbler offenses: charges that the prosecutor can file as either a felony or a misdemeanor. After probation completion, the court can reduce a wobbler felony to a misdemeanor under PC §17(b). Once reduced, you can then pursue §1203.4 set-aside. This two-step path is common for nonviolent felonies.
3. Arrest sealing — PC §851.91
If you were arrested but never convicted (charges dismissed, acquitted, or no charges filed), PC §851.91 generally allows sealing of the arrest record. The arrest is sealed from public view including most background-check vendors, but it remains visible to law enforcement and certain agencies. This is broader than §851.8 (factual innocence) and easier to win.
4. Factual innocence — PC §851.8
If you can demonstrate factual innocence (a higher standard than acquittal), the court can order both sealing AND destruction of the arrest record. This is the strongest relief available but requires evidence of innocence and is harder to obtain than §851.91 sealing.
5. Automatic relief — AB 1076 (2019) and SB 731 (2022)
California's Clean Slate Acts grant automatic relief for many cases:
- AB 1076: Covers many misdemeanors and some felonies starting in 2021. Relief is granted by the California DOJ and shown on your rap sheet without any petition.
- SB 731: Expands automatic relief to many felony convictions 4+ years after sentence completion. Excludes registerable sex offenses, serious or violent felonies, and strikes.
If your case may already have received automatic relief, check your rap sheet through the California DOJ Live Scan office before paying for a petition you don't need.
Which path applies to my case?
| Your situation | Likely path |
|---|---|
| Arrested, no conviction | §851.91 (sealing) or §851.8 (factual innocence, if applicable) |
| Misdemeanor conviction, completed probation | §1203.4 + possible automatic AB 1076 relief |
| Misdemeanor conviction, no probation, 1+ year ago | §1203.4a |
| Wobbler felony conviction, completed probation | §17(b) reduction first, then §1203.4 |
| Felony conviction, 4+ years ago, completed sentence | SB 731 automatic relief or §1203.4 petition |
| Strike, registerable offense, or serious/violent felony | Limited or no relief; requires attorney |
Filing fees and process
California §1203.4 petitions are typically free or under $150. Some counties charge small filing fees that vary. RecordReset prepares the petition; you file it (Standard) or a reviewing attorney files it (Concierge). For the largest CA counties (Los Angeles, Orange, San Diego, Alameda, Santa Clara, San Francisco), local rules and forms differ slightly but the underlying statutes are the same.
What disqualifies you
- Pending criminal charges in any jurisdiction.
- Registerable sex offenses (most categories — PC §290).
- Strikes (PC §667).
- Serious or violent felonies (PC §§ 667.5, 1192.7).
- Certain DUIs with serious bodily injury.
Next step
Run your case through our eligibility quiz. It applies the California statutes summarized here to your specific facts and tells you which path applies, what the waiting period is, and what to do next.
California record-clearing law includes Cal. Penal Code §§ 1203.4, 1203.4a, 17(b), 851.8, 851.91, 1170.18, and the Clean Slate Act (AB 1076 / SB 731). The information here is a summary and not a substitute for review by a licensed California attorney.