A conviction follows you into job applications, rental applications and licensing decisions long after the case is closed. In California, expungement is the process that changes what those checks show.
This guide covers who qualifies, the form you file, what happens after you file it, and what an expungement does and does not change. It is written for cases handled in California, and for Los Angeles County in particular.
What expungement is in California
Expungement here is a petition for dismissal, usually under Penal Code 1203.4 or 1203.4a. The court withdraws the plea, enters a plea of not guilty, and dismisses the case. Your record is not erased. What changes is what the record says: the case shows as dismissed rather than as a live conviction.
That distinction matters, because the promises people hear about expungement tend to be bigger than what the statute actually does.
What it does
- On most private employer background checks the case shows as dismissed, or does not appear.
- On most private job applications you can answer that you were not convicted.
- For licensing boards it shows the court dismissed the case and you completed every condition.
What it does not do
- It does not delete the record. Courts, law enforcement and some agencies still see the original case.
- It does not restore firearm rights.
- It does not stop the conviction being considered in immigration proceedings.
- It does not remove the disclosure requirement for some government, law-enforcement and licensing applications.
Step 1: Check whether you qualify
Not every case is eligible. Generally you may qualify if:
- You completed probation, or the court terminated it early.
- You were not sentenced to state prison.
- You are not currently charged with another offense.
- Your conviction is not one the statute excludes.
- Fines and restitution ordered in the case have been paid.
Some felony cases can still be dealt with. Where the sentence was probation rather than state prison, a felony may in some circumstances be reduced to a misdemeanor and then dismissed. Whether that is available turns on the specific conviction.
Step 2: Get your own record first
Before you fill in anything, find out what your record actually says. People are regularly wrong about how a case was disposed of, and a petition built on the wrong details is a petition that comes back.
The way to see your own California record is a record review through Live Scan fingerprinting. That is a service we provide: see what is on your criminal record.
You will also want the court file for the case. Useful things to have in hand:
- The case number and the court that handled it.
- The exact charges and how each was resolved.
- Proof that probation was completed, or the order terminating it early.
- Receipts or records showing fines and restitution are satisfied.
Step 3: File the petition
The petition is a court form: CR-180, Petition for Dismissal. The order the judge signs if it is granted is CR-181.
You sign the petition yourself. You do not need an attorney to file it, and people file without one all the time, including people who are represented. It is filed in the court that handled the original case.
Filing fees vary by county, and a fee waiver may be available depending on income. The court clerk handling your case is the reliable source for what applies to you.
After filing, a copy normally has to be served on the District Attorney or the prosecuting agency, which can object or let it proceed. Getting service right matters; it is a common reason petitions stall.
Step 4: The hearing, if there is one
Not every petition needs a hearing. One is set if the prosecutor objects or the judge wants more information. If there is a hearing, it is in the court that handled the original case, and it is your chance to show what has changed since: work history, community involvement, letters of support.
Step 5: After the order is signed
A granted petition does not update every database on its own. Once you have the signed order you may need to go back to:
- Background check companies still reporting the old disposition.
- A licensing board considering your application.
- An employer who turned you down on the strength of the old record.
If you need to confirm what your record shows after the order, that is another record review.
What we do
Record sealing. The petition is a court form, and you are the one who signs it. You do not need an attorney to file it. We work with you to complete the form correctly and get it filed with the court. We do not give legal advice; we help you get your own paperwork right.
Expungement. The same is true here: it is your form, and you can file it yourself. Depending on the case, we can work with you the same way. Where a case needs more than that, such as a court appearance, we work with counsel. Tell us about the case and we will tell you whether it is one we can help with directly.
Either way, it starts with your own record. That is a Record Review Live Scan, and we do that here.
Notarization. Where a declaration or supporting statement has to be notarized, we do that too, and we can come to you anywhere in Los Angeles.
More on expungement and record sealing, or see how a dismissal affects hiring and background checks. For a case filed in Los Angeles County, see expungement in Los Angeles.
Frequently Asked Questions
What does expungement actually do in California?
It is a petition for dismissal, usually under Penal Code 1203.4 or 1203.4a. The court sets the conviction aside and dismisses the case. The record still exists, but it shows a dismissal rather than a live conviction.
Who qualifies for expungement in California?
Many people qualify who completed probation or had it terminated early, were not sentenced to state prison, are not currently charged with another offense, and whose conviction is not excluded by statute.
Which forms do I need?
Most California expungements use CR-180, the Petition for Dismissal, and CR-181, the order the judge signs. You file in the court that handled the conviction.
Do I need a lawyer to file?
No. The petition is a court form you sign yourself, and you can file it whether or not you have an attorney. Complex cases and cases where the prosecutor objects are where counsel earns its keep.
Can a felony be expunged in California?
Some can, particularly where the sentence was probation rather than state prison. In certain cases a felony may first be reduced to a misdemeanor and then dismissed. It depends on the conviction.
Do I have to attend a hearing?
Not always. Many petitions are decided without one. A hearing is set if the prosecutor objects or the judge wants more information.
What should I gather before filing?
The case number and court, the charges and how each was resolved, proof that probation was completed or terminated early, and records showing fines and restitution are paid. Start by checking what your record actually says.
Does expungement restore my firearm rights?
No. A dismissal under Penal Code 1203.4 does not restore firearm rights.
Do I still have to disclose the conviction afterwards?
On most private employment applications, generally not. Certain government roles, law enforcement positions and some licensing applications still require disclosure, so read each application carefully.
Will an expunged case show on a background check?
On most private checks it shows as dismissed, or does not appear. Courts, law enforcement and some agencies still see the underlying record. A record review tells you what yours returns.
What is the difference between expungement and record sealing?
Expungement dismisses a case. Sealing restricts access to a record. They are different petitions and they apply to different situations.
My record still shows the old conviction. What now?
Background check companies do not always pick up the change. With the signed order in hand you can go back to them, and a fresh record review will show what is being reported now.
Start with what is on your record
Every version of this process begins the same way: knowing what your record actually says, not what you remember it saying. Book a Record Review Live Scan and we will take it from there.
