Understanding California Record Expungement Options

What Is Record Expungement in California?

Record expungement is a legal process that allows a person to have certain criminal records dismissed or sealed from public view. In California, this process is governed primarily by Penal Code Section 1203.4, though other statutes also provide pathways for record relief. When a record is expunged, it means the conviction is dismissed, and the person can legally answer "no" when asked if they have been convicted of a crime—with some important exceptions for certain jobs and professional licenses.

California's expungement laws have changed significantly over the years, particularly following the passage of Proposition 47 in 2014 and subsequent legislative reforms. These changes expanded who could seek expungement and under what circumstances. The state recognizes that criminal records can create substantial barriers to employment, housing, education, and professional licensing. Expungement offers a way for people to move forward without their past convictions appearing on background checks conducted by most employers and landlords.

It is important to understand that expungement is not the same as having your record erased from existence. Law enforcement agencies, courts, and prosecutors maintain records of the conviction. Expungement primarily removes the conviction from public criminal record databases and limits who can see it. This distinction matters because certain government agencies, including the California Department of Justice, still retain access to expunged records.

Different types of convictions have different expungement rules. Some convictions can be expunged relatively straightforwardly, while others require meeting specific conditions or waiting periods. Some offenses are ineligible for expungement entirely. Understanding which category your conviction falls into is the first step in exploring what options may be available.

Practical Takeaway: Expungement is a legal process that dismisses a conviction and removes it from most public records, but it does not erase the conviction from official government files or affect its use in certain professional and licensing contexts.

Understanding California Penal Code Section 1203.4

Penal Code Section 1203.4 is the primary statute governing expungement in California for most criminal convictions. This section applies to people who have completed probation or served their sentence. The statute allows a person to petition the court to dismiss their conviction on the grounds that they have fulfilled the conditions of their sentence and rehabilitation.

To use Section 1203.4, a person generally must have completed probation successfully. This means they have complied with all probation conditions, paid any fines or restitution ordered by the court, and completed any other requirements the judge imposed. If someone is still on probation, they may petition the court to terminate probation early and then request expungement. Judges have discretion in deciding whether to terminate probation early, and the decision depends on factors such as the person's behavior during probation, whether they have remained crime-free, and whether early termination serves the interests of justice.

If probation has been completed, the person can file a petition under Section 1203.4 requesting that the court dismiss the conviction. The court must grant the petition unless there are compelling reasons not to. The law presumes that people who have completed probation and demonstrated rehabilitation should have their convictions dismissed. This is different from some other states where judges have broader discretion to deny expungement requests.

The timeline for filing a petition under Section 1203.4 depends on when probation ends. There is no waiting period after probation completion—a person can file their petition as soon as probation ends. However, if someone wishes to terminate probation early to pursue expungement, they should understand that the judge may deny early termination if they believe the person has not yet demonstrated sufficient rehabilitation.

One important limitation of Section 1203.4 is that it does not apply to certain serious felonies, particularly those requiring registration as a sex offender under California Penal Code Section 290. Additionally, people convicted of certain violent felonies may have restrictions on their ability to use this statute.

Practical Takeaway: Section 1203.4 allows most people who have completed probation to petition the court to dismiss their conviction, and courts must grant these petitions unless special circumstances apply.

Proposition 47 and Resentencing Opportunities

Proposition 47, passed by California voters in 2014, fundamentally changed the landscape of criminal record relief in California. This ballot measure reduced certain drug offenses and property crimes from felonies to misdemeanors. Specifically, it reclassified offenses such as simple drug possession, shoplifting (theft of items valued under $950), petty theft, receiving stolen property under $950, forging or altering checks under $950, and vehicle theft under certain conditions.

Proposition 47 allows people who were previously convicted of crimes that the law now classifies as misdemeanors to petition the court for resentencing. If resentencing is granted, the conviction is reduced from a felony to a misdemeanor. Once resentenced under Proposition 47, the person can then pursue expungement of the misdemeanor conviction under Section 1203.4 or other applicable statutes. This two-step process—resentencing followed by expungement—has provided relief to tens of thousands of Californians.

The benefits of Proposition 47 resentencing are substantial. A felony conviction carries more severe consequences for employment, housing, professional licensing, and immigration status than a misdemeanor. By reducing a felony to a misdemeanor, Proposition 47 opens doors that were previously closed. Additionally, because misdemeanors are more straightforward to expunge, resentencing can be the gateway to full record relief.

To pursue Proposition 47 resentencing, a person must file a petition in the trial court where they were convicted. The person must demonstrate that they were convicted of an offense that qualifies for resentencing under Proposition 47. The prosecution then has an opportunity to oppose the petition. However, the law presumes that resentencing should be granted unless the district attorney can demonstrate that resentencing would pose an unreasonable risk to public safety. This is a high bar for the prosecution to meet.

One important limitation is that Proposition 47 does not apply to all crimes. Violent felonies and sex offenses remain excluded. Additionally, people with certain serious prior convictions may be ineligible for resentencing under Proposition 47. The law also includes a narrow exception for people convicted of shoplifting when the individual has prior convictions for serious violent felonies or sex offenses.

Practical Takeaway: Proposition 47 allows people previously convicted of certain drug and property offenses to petition for resentencing from felony to misdemeanor, which then opens the path to expungement.

Senate Bill 731 and Recent Expansions

Senate Bill 731, which went into effect on January 1, 2018, significantly expanded expungement opportunities in California. This law modified Penal Code Section 1203.4 to eliminate some of the restrictions that had previously limited access to expungement. Most notably, SB 731 clarified that people can seek expungement even if they did not serve probation—including those who served time in county jail or state prison and those whose sentences were unconditional.

Before SB 731, the interpretation of Section 1203.4 sometimes required that a person had been placed on probation to be eligible for expungement. This meant that people who were sentenced to prison without probation could not use Section 1203.4. SB 731 removed this barrier, stating that the statute applies to "any person convicted of a public offense" who has fulfilled the conditions of their sentence. For people who served prison time, the conditions of their sentence include serving the full term imposed by the court.

The practical impact of SB 731 has been to expand access to record relief for thousands of people who previously had no path to expungement. People convicted in the 1990s and early 2000s, who were often sentenced to prison without probation, now have opportunities to seek expungement decades later. This has been particularly significant for people convicted of crimes when they were younger and have since demonstrated long-term rehabilitation.

SB 731 also clarified the process for people with multiple convictions. A person with several separate convictions can petition to expunge all of them. The court must rule on each petition, but the process and standards are the same for each conviction. Some people have successfully expunged multiple convictions from