Key Facts
- A criminal record can hinder employment, housing, and social relationships, making it crucial to understand how to clear it in California.
- Legal options include expungement, record sealing, and obtaining a Certificate of Rehabilitation or a Governor’s pardon.
- Steps to clear your record involve obtaining your criminal history, determining eligibility, completing forms, and attending a court hearing.
- After clearing your record, you can often state you have not been convicted, but some exceptions apply for specific jobs.
- Consulting a legal document assistant can help ensure your paperwork is correctly prepared and submitted, increasing your chances of success.
A criminal record can be one of the most significant barriers to rebuilding your life. It can affect employment, housing, professional licensing, and even social relationships. Fortunately, if you’re living in California, there are legal paths available to clear your criminal record. Whether you were convicted of a misdemeanor or a felony, understanding these steps can help you move forward and reclaim your future.
If you’re wondering how to clear your criminal record in California, this guide will walk you through the legal options, eligibility requirements, procedural steps, and what to expect after your record is cleared.
Why It’s Important to Clear Your Criminal Record
Having a criminal record—even for a nonviolent or minor offense—can follow you for life. Employers, landlords, and licensing boards routinely perform background checks. In many cases, the presence of any criminal history can result in rejection. By taking the right legal steps to clear your criminal record, you can eliminate many of these hurdles and regain control of your opportunities.
At Anshin Mobile Notary & Livescan Public, we assist individuals across California with record-clearing petitions and legal document preparation. Whether you’re dealing with an old arrest or a conviction, we can help guide you toward a fresh start.
Understanding the California Legal System for Record Clearing
In California, the process of clearing your criminal record is governed by specific statutes and varies depending on your charges and outcomes. The most common legal mechanisms include:
Expungement (Penal Code § 1203.4)
What is Expungement?
Expungement is the legal process of reopening your case, withdrawing your plea or verdict, and having the case dismissed. Once granted, the court updates your record to reflect that the case was dismissed in the interest of justice.
Who Qualifies?
To be eligible for expungement, you must have completed all terms of probation (or obtained an early termination), paid all fines and restitution, and not be facing any new charges. You must also not have served time in state prison for the offense, unless the offense is now eligible for jail sentencing under realignment laws.
Expungement is one of the most effective ways to clear your criminal record, especially for misdemeanor convictions.
Record Sealing for Arrests (Penal Code § 851.87)
Arrest Without Conviction
If you were arrested but never charged, or if charges were dropped or dismissed, you may petition to have your arrest record sealed. Once sealed, the record is essentially hidden from most background checks and becomes inaccessible to the public.
Eligibility Criteria
You must wait until the statute of limitations has passed or the prosecuting agency confirms that no charges will be filed. There are exceptions for individuals with a pattern of arrests or domestic violence-related arrests.
Certificate of Rehabilitation
For Felony Convictions
If you’ve served time in prison or have a felony conviction that cannot be expunged, a Certificate of Rehabilitation may be your best option. This court-issued document affirms your rehabilitation to society and is often a stepping stone toward a governor’s pardon.
How It Helps Clear Your Criminal Record
While it doesn’t erase your conviction, it serves as a public and legal acknowledgment of your reformation. It also improves your chances for employment and housing.
Governor’s Pardon
What It Does
This is the most comprehensive way to clear your criminal record in California. A pardon can restore gun rights, remove the obligation to register as a sex offender, and reinstate other civil rights lost due to a felony conviction.
Who Can Apply?
You must show a strong record of rehabilitation, typically demonstrated over 10 years. A Certificate of Rehabilitation is often a required prerequisite.
Juvenile Record Sealing (WIC § 781)
If your criminal history includes offenses committed while you were a minor, you can petition the court to seal your juvenile records. Once sealed, the offenses are treated as if they never occurred. This is a powerful method to clear your criminal record if you’re now an adult and have moved on from youthful mistakes.
How to Begin the Process to Clear Your Criminal Record
Step 1: Obtain Your Criminal Record
Before taking any legal action, you must know exactly what’s on your record. Request your criminal history from the California Department of Justice or visit your local courthouse.
Step 2: Determine Eligibility
Not all offenses are eligible for expungement or sealing. Review your case with a professional or visit Anshin Mobile Notary & Livescan to get clarity on your options.
Step 3: Complete Required Forms
Each type of relief—whether expungement, sealing, or a pardon—requires specific court forms and declarations. Mistakes in paperwork can delay or jeopardize your chances.
Step 4: File With the Correct Court
Submit your forms to the court that handled your original case. You may be required to pay filing fees or submit a request for a fee waiver.
Step 5: Attend Your Court Hearing
In many cases, you’ll need to attend a hearing where the judge reviews your petition. Be prepared to present evidence of rehabilitation, community service, and a law-abiding lifestyle.
Step 6: Monitor Your Record After Approval
Once your record is cleared, request updated background checks to verify that changes have been properly reported. Errors in data reporting are not uncommon.
The Role of a Legal Document Assistant or Notary
Navigating California’s complex laws to clear your criminal record can be challenging. A legal document assistant or licensed notary can help you complete and submit your paperwork correctly, increasing the chances of a successful outcome.
At Anshin Mobile Notary & Livescan, we specialize in legal paperwork and offer consultation on record-clearing strategies. We ensure that your petition is accurately prepared and filed on time.
How Long Does It Take to Clear Your Criminal Record?
The timeline depends on the type of relief you’re seeking and your local court’s processing speed. Expungements may take between 4 to 5 months. Record sealing or Certificate of Rehabilitation applications can take 6 to 12 months. Governor’s pardons may take even longer, especially if additional documentation is required.
Starting early can help you align the results with job applications, housing deadlines, or professional licensing renewals.
What Happens After You Clear Your Criminal Record?
After successfully clearing your criminal record, you can legally state in most cases that you have not been convicted of a crime. However, some exceptions apply—such as applications for law enforcement jobs or federal employment. You also may still be required to disclose sealed or expunged convictions for certain professional licenses or immigration matters.
It’s important to follow up with the California DOJ to confirm that your record has been updated in all databases. Be proactive about obtaining updated background checks, especially if you’re applying for new opportunities.
FAQs About Clearing Your Criminal Record in California
- Can I clear my criminal record if I’m still on probation?
Generally, you must complete probation before filing for expungement. However, you may file a motion to terminate probation early before filing your petition. - Is expungement the same as sealing a record?
No. Expungement changes the legal status of a conviction to “dismissed,” while sealing makes the record inaccessible to the public. Both are effective ways to clear your criminal record, depending on your circumstances. - Can I expunge a felony in California?
Some felonies can be reduced to misdemeanors and then expunged, especially if no state prison time was served. Consult a legal document assistant or notary for case-specific guidance. - Will employers still see my record after expungement?
In most cases, private employers cannot legally consider expunged convictions. However, some government agencies and licensing boards may still access your full record. - How much does it cost to clear your criminal record?
Costs vary by county and type of relief. Filing fees for expungements range from $60–$150. Attorney or document preparation fees may be additional. You can also inquire about fee waivers.
Clearing your criminal record is not just about paperwork—it’s about reclaiming your future. Whether you’re applying for a new job, looking for better housing, or simply trying to move past a mistake, California law offers real paths to redemption. With the right information, guidance, and determination, you can take the necessary steps to clear your criminal record and start anew.
For trusted help in preparing and filing legal documents related to record expungement, sealing, or pardons, visit Anshin Mobile Notary & Livescan Public. We are here to help you through every step with professionalism, discretion, and care.
Also Read: Why Correct Applicant Type on Your Live Scan Form Matters
