How to Clear a Criminal Record in California: 1203.4 Dismissals, Automatic Relief, and Arrest Record Sealing

The short answer: As California's court self-help center puts it, true expungement does not exist in California. What people call "clearing a record" is mainly a dismissal under Penal Code §1203.4. There is also §1203.41 for certain felony sentences, automatic record relief by the Department of Justice (§1203.425), and sealing of arrests that did not lead to a conviction (§851.87, §851.91, §851.93). These remedies help a great deal with employment, but immigration is a different matter: a dismissal usually does not make a conviction go away for immigration purposes.

Information verified as of October 22, 2026; applies to California. Every case is different; this is general information, not legal advice for your situation.

First, which option fits your situation?

Who can apply for a PC 1203.4 dismissal?

Under §1203.4(a)(1), you may apply if:

• You fulfilled the conditions of probation for the entire period;
• Your probation was terminated early; or
• The court, in its discretion and in the interest of justice, decides you should receive this relief.

In addition, at the time you apply you cannot be serving a sentence for another offense, on probation for another offense, or facing a pending charge.

If the court grants relief, you may withdraw your guilty or no contest plea and enter a plea of not guilty, and the court dismisses the case. In the statute's words, you are then released from "all penalties and disabilities" resulting from the offense, with a number of exceptions covered below.

Practical points:

1. Unpaid restitution cannot be a reason to deny the petition (§1203.4(c)(3)).
2. You can apply in person or through an attorney (§1203.4(a)(1)).
3. The prosecutor must receive 15 days' notice (§1203.4(d)), so service has to be done properly.
4. Some offenses are excluded, such as certain sex offenses listed in §1203.4(b). Infractions go under §1203.4a, not §1203.4.

The usual court forms are CR-180 (Petition for Dismissal) and CR-181 (Order for Dismissal), issued by the Judicial Council of California. County courts may add local forms and service requirements; check with the court that handled your case about any fees or fee waivers before filing.

What if you were convicted of a felony and served time in county jail or state prison?

Look at §1203.41. The court may, in its discretion, grant relief similar to §1203.4, after a waiting period:

• For a county jail sentence with mandatory supervision (§1170(h)(5)(B)), 1 year after completing the sentence;
• For a full county jail sentence (§1170(h)(5)(A)) or a state prison sentence, 2 years after completing the sentence.

You also cannot be on parole or supervision, serving a sentence, on probation, or facing a pending charge. For a state prison sentence, this section is not available if the felony required sex offender registration.

What is automatic relief under PC 1203.425?

This system was built through legislation starting in 2019, and SB 731 in 2022 expanded it to certain felonies. The California Department of Justice reviews state databases every month and automatically grants relief for eligible convictions, without a petition. The main conditions:

1. You are not required to register as a sex offender;
2. You have no active supervision record, are not serving a sentence, and have no pending charges;
3. The conviction occurred on or after January 1, 1973, and meets one of the following:
   • You were sentenced to probation and appear to have completed it without revocation;
   • For a misdemeanor or infraction without probation, you appear to have completed the sentence and at least one calendar year has passed since judgment;
   • For certain felonies, you completed all incarceration, probation, supervision, and parole, and 4 years have passed without a new felony conviction. Serious felonies, violent felonies, and felonies requiring registration are excluded.

Things to know:

• DOJ adds a "relief granted" notation next to the entry. According to the DOJ, this is not a dismissal, sealing, or expungement: the record remains, with a notation that controls which background checks can see it.
• DOJ does not notify you, only the courts. To check, you can request a Record Review of your own record through Live Scan, or contact the court that handled your case.
• Since 2023, for convictions granted relief under §1203.425, §1203.4, §1203.4a, §1203.41, or §1203.42, courts generally disclose that information only to the person and to criminal justice agencies (§1203.425(a)(3)(A)).

Can an arrest without a conviction be sealed?

Yes, in three ways:

• Petition under §851.91. A person arrested without a conviction can petition the court to seal the arrest record. "No conviction" includes: the statute of limitations has run on every offense and no charges were filed; charges were dismissed and cannot be refiled; you were acquitted; or a conviction was vacated or reversed and cannot be refiled. It is not available if you can still be charged, or if the arrest involved murder or another offense with no statute of limitations (unless you were acquitted or found factually innocent).
• Sealing after diversion under §851.87. A person who completed a prosecutor-run prefiling diversion program can petition to seal the arrest record. The prosecutor may request a hearing within 60 days of receiving the petition.
• Automatic arrest record relief under §851.93. DOJ reviews arrests on or after January 1, 1973 every month: misdemeanor charges that were dismissed; misdemeanor arrests with no charges or conviction after 1 year; most felony arrests with no charges or conviction after 3 years (6 years for offenses punishable by 8 years or more); or completion of certain diversion programs.

How does record clearing help with employment?

This is where clearing a record matters most in daily life.

• Labor Code §432.7. Employers may not ask applicants about arrests that did not lead to a conviction, diversion programs, or convictions that were judicially dismissed or sealed (expressly including §1203.4, §1203.4a, and §1203.425), and may not use them in decisions about hiring, promotion, or termination. The law has separate rules for certain positions.
• Government Code §12952. Employers with five or more employees may not ask about conviction history before making a conditional offer of employment.

A §1203.4 dismissal still has clear limits:

For peace officer jobs, a conviction must still be disclosed when directly asked, even after automatic relief (§1203.425(a)(4)(A)).

What does record clearing do for immigration?

This is where misunderstandings are most common, and non-citizens need to be clear on it:

1. A dismissal usually does not change the conviction for immigration purposes. The USCIS Policy Manual states that an expunged record of conviction does not remove the underlying conviction, and that relief under a state rehabilitative statute has no effect on the conviction for immigration purposes. A §1203.4 dismissal is that kind of rehabilitative relief.
2. You still have to disclose it when you naturalize. Form N-400 requires listing records that were sealed, expunged, or otherwise cleared, along with the court order.
3. Only a conviction vacated because of a defect in the original proceedings stops counting for immigration purposes. That goes through other procedures such as Penal Code §1473.7 and is not the same as §1203.4. See our article Can a Criminal Record Affect Your Green Card or Citizenship?

So for non-citizens, clearing a record still helps with jobs, but it should not be counted on to solve an immigration problem. Lingtu also has immigration attorneys; a non-citizen can choose to have an immigration attorney review the immigration consequences first.

Steps to petition under §1203.4

1. Find out what is on your record. Identify the court, case number, charge, sentence, and probation term for each case. If you don't remember, request a Record Review from the California Department of Justice through Live Scan.
2. Confirm which section applies. Use the table above to decide between §1203.4, §1203.4a, §1203.41, or whether the case has already been handled automatically.
3. Prepare the forms. Usually CR-180 and CR-181, plus any local forms the court requires.
4. Serve the prosecutor and file with the court. §1203.4 requires 15 days' notice to the prosecutor.
5. Attend the hearing or wait for the ruling. Some courts set a hearing.
6. Once you have the signed order, get several certified copies. You may need them for background checks, licensing, and immigration filings.

Lingtu can communicate with you in Chinese. For criminal cases we charge a fixed fee and explain it clearly before you sign. The initial evaluation is free.

Main sources

• California Courts Self-Help Center, Clean your record
• California Penal Code §1203.4
• California Penal Code §1203.4a
• California Penal Code §1203.41
• California Penal Code §1203.425
• California Penal Code §851.87
• California Penal Code §851.91
• California Penal Code §851.93
• California Labor Code §432.7
• California Government Code §12952
• California Vehicle Code §13555
• Judicial Council of California, Form CR-180
• California Department of Justice, Automatic Record Relief
• California Department of Justice, Record Review
• USCIS Policy Manual, Vol. 12, Part F, Chapter 2
• USCIS, Form N-400

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