Expungement—also referred to as setting aside a conviction under California Penal Code § 1203.4—is an opportunity to reposition a conviction as if it never occurred, allowing eligible individuals to reclaim opportunities in employment, licensing, and more.
Understanding the Process
What Is Expungement?
In California, expungement means the court reopens your case, withdraws the plea, and dismisses the conviction under Penal Code § 1203.4. Although you can often say you weren’t convicted, the record isn’t erased entirely — it’s just updated to reflect a dismissal (Anshin Mobile Notary & LiveScan, Wikipedia, Record Clear).
Who Is Eligible?
To qualify, you must:
- Complete probation (or obtain early termination) and fulfill all terms, fines, and restitution.
- Not currently be facing any criminal charges or serving a sentence (County of San Diego).
Certain convictions disqualify individuals entirely, such as specific sexual offenses or state prison sentences—unless reclassified due to laws like Proposition 47 or 64 (County of San Diego). For those ineligible, options like a Certificate of Rehabilitation may apply (County of San Diego).
Timeline: How Long Does Expungement in California Take?
This section explores both eligibility waiting periods and the processing duration across courts.
Waiting Period Before Filing
- For misdemeanors:
- If you didn’t receive probation, you must wait one year after conviction before applying (County of San Diego).
- For felony convictions resulting in local jail (“split sentence”):
- One year after completing mandatory supervision (County of San Diego).
- For straight prison sentences under § 1203.41:
- Two years after completing your sentence (County of San Diego).
- Early termination of probation can expedite filing eligibility (Simmrin Law Group).
Once Filed: What’s the Processing Time?
- Typical timeframe: 90–120 days (approx. 3–4 months) once your petition is filed, though variations exist (Record Clear).
- Some efficiency-focused courts (e.g., Van Nuys or Newport Beach) process expungements in 6–8 weeks for recent cases (Record Clear).
- Smaller firms or online legal sources estimate 2–5 months, depending on complexity and backlog (Sac Legal Defense).
- Riverside and other counties may align with the 3–4 months estimate (Riverside Courts, Simmrin Law Group).
- As Sacramento Superior Court explains:
- Felony cases typically require a hearing about 90 days after filing; outcomes are mailed within 7 court days if properly documented (Sacramento Superior Court).
Why Timeframes Vary
- Court backlog: Heavy caseloads lead to delays, especially in busier counties (Record Clear, Sac Legal Defense).
- Case file availability: Older or archived cases may require retrieval from storage (Record Clear).
- Type of conviction: Felonies, complex cases, or those needing a probation report can take longer (Record Clear).
- Procedural requirements: Probation reports, hearings, and DA notifications can extend timelines (Record Clear).
- Efficiency of courts: Some jurisdictions are known to process more rapidly (Orange County Superior Court).
Detailed Timeline Breakdown
| Phase | Description | Timeframe |
| 1. Eligibility Waiting Period | Post-conviction or post-probation waiting depending on offense type | 1–2 years |
| 2. Petition Preparation & Filing | Completing forms, paying fees or requesting waiver | Varies (days–weeks) |
| 3. Court Processing | Court review, hearing scheduling, DA notification | 6–12 weeks typical; up to 5 months |
| 4. Outcome Delivery | Copies of orders mailed or made available | ~1–2 weeks after decision (varies by court) |
Interlinking Opportunities (On Your Site)
Boost SEO and user navigation by linking to these internal pages:
- Live Scan Fingerprinting — clients often need Live Scan services when expungement requires updated background checks.
- See your criminal record — direct them from learning about expungement to viewing their record.
- California Background Check — connecting expungement results to background check outcomes helps complete the user journey.
- Live Scan FAQ — answers questions about fingerprinting requirements connected with record sealing.
You might add anchors like “View your criminal record” or “Need Live Scan service post‑expungement?” to guide users through relevant steps.
FAQs
1. How long do I have to wait before applying for expungement?
- Misdemeanor (no probation): 1 year after conviction (Simmrin Law Group, County of San Diego, Wikipedia, Fresh Start Law Center, Anshin Mobile Notary & LiveScan).
- Felony with local sentencing: 1 year after supervision (Shouse Law Group).
- Felony with prison (straight sentence): 2 years post-sentence under § 1203.41 (County of San Diego).
2. Once filed, how long until the court decides?
Most petitions resolve in 3–4 months, though some courts turn around expungements in 6–8 weeks (Record Clear).
3. Why does it sometimes take longer than expected?
- Backlogs or delays retrieving old files (Record Clear, Simmrin Law Group).
- Extra steps like probation reports or hearings (Record Clear, Shouse Law Group, Sacramento Superior Court).
- Unusual case complexity or objections by the district attorney (Shouse Law Group, Sac Legal Defense).
4. Can DUI or felony convictions be expunged?
Yes—under Penal Code § 1203.4, DUIs and wobblers can be expunged. Felonies may require reduction to misdemeanors under § 17(b)(3) before expungement (Shouse Law Group).
5. If denied, can I reapply?
Yes. If denied, you may refile after 6 months with new or additional supporting evidence (Shouse Law Group).
6. Will the conviction disappear completely?
No. The record will reflect a dismissal under § 1203.4 but still exists in DOJ or FBI files. Expungement doesn’t restore firearm rights or eliminate sex offender registries—it only alters the disposition (County of San Diego).
Final Thoughts
Summary
- Waiting period: 1–2 years depending on offense and sentencing.
- Processing time: Typically 3–4 months; some courts are faster.
- Delays happen due to backlogs, paperwork, or case complexity.
- Expungement helps, but it doesn’t fully erase records or restore all rights.
Call to Action
Considering expungement? Anshin Mobile Notary and LiveScan is here to support you—from Live Scan fingerprinting, to accessing your criminal record and understanding your eligibility. Check out our guides and FAQs about processing your record, and schedule your Live Scan service today to keep moving forward with confidence.
Also Read: Why Criminal Expungement Is Worth the Effort
