A criminal record can affect your life even after your time is served. It can affect your education and employment. It can also make it difficult to obtain housing and professional licensing. There are now four distinct legal pathways to clear or seal a record in California.
Key Takeaways
- California offers four record-clearing pathways – petition expungement, automatic sealing, automatic misdemeanor dismissal, and youth offense sealing.
- Proposition 36 reclassified some drug and theft offenses as felonies. This directly affects expungement eligibility for convictions entered after December 2024.
- Automatic sealing requires no petition or attorney. Petitioned expungement requires a court filing but carries specific employment disclosure benefits.
- Sex offenses requiring registration under Penal Code 290 are excluded from most relief pathways.
Clearing a criminal record in California has never been more accessible. But navigating without a clear map has become more complicated today. Recent legislation has created multiple overlapping pathways. These pathways apply to different conviction types, timelines, and outcomes. Understanding which pathway applies to your situation is therefore the first step. Here is the complete landscape on getting a criminal record expunged or sealed in California.
Pathway 1: PC 1203.4 Petition Expungement
What It Is
Penal Code 1203.4 is California’s foundational expungement statute. It allows a person who has successfully completed probation to petition the court to:
- Withdraw their guilty or no contest plea
- Enter a plea of not guilty
- Have the case dismissed
This is not an automatic process but a court-ordered dismissal. You have to file a petition.
Who Qualifies
Here is what to do for California record expungement in 2026. You must meet all of these requirements to be eligible for PC 1203.4 expungement:
- Successfully completed probation or had probation terminated early by the court.
- Not currently charged with or on probation for any criminal offense.
- Not serving any sentence for a criminal offense.
- Convicted of a misdemeanor or felony without a state prison sentence.
- Wobbler felonies sentenced to county jail under AB 109 Realignment may qualify.
What It Does
A PC 1203.4 expungement produces the following outcomes:
- The conviction is dismissed and replaced with a not guilty plea in court records.
- You may legally say you don’t have prior convictions to most private employers.
- The dismissed conviction remains visible to government agencies.
- Law enforcement and licensing boards can still see the dismissed conviction.
- Firearm rights are not restored.
- Sex offense registration requirements are not removed.
Pathway 2: SB 731 Automatic Sealing – The Clean Slate Act
What It Is
Senate Bill 731 created California’s most expansive automatic record relief system. It does not require petition, court filing, and attorney like PC 1203.4. The California Department of Justice conducts monthly audits and automatically seals eligible records.
Who Qualifies and What Gets Sealed
Here is how to seal criminal record in California:
-
- Felony arrests with no charges filed: Automatically sealed after three years.
- Charges dismissed with no conviction: Sealed immediately upon dismissal.
- Non-violent and non-sexual felony convictions: Automatically sealed four years after completing the sentence with no new offenses.
- Misdemeanor arrests without conviction: Automatic record relief one year after the date of the arrest.
- Misdemeanor convictions with straight jail time (No Probation): Automatic relief one year after the completion of sentence.
- Misdemeanor convictions where the jail time was served as a condition of a probation sentence: Standard four-year rule established by the Clean Slate Act generally applies.
- Probation violations: Eligible if the person later completed all supervision terms.
Sex offenses under PC 290 and serious or violent felonies under PC 667.5(c) and PC 1192.7(c) are excluded.
How This Differs From PC 1203.4
The key distinction comes down to visibility vs. disclosure language:
- SB 731 sealing removes the record from public background checks entirely – employers and landlords generally cannot see it.
- PC 1203.4 expungement keeps the record visible as a dismissed case but gives you explicit legal permission to deny the conviction on most private employment applications.
- Both SB 731 and PC 1203.4 pathways have practical value – the right choice depends on your conviction type and goals.
Pathway 3: AB 704 – Youth Offense Sealing
What It Is
Assembly Bill 704 proposes a new pathway. It allows individuals arrested or convicted of certain offenses before age 26 to petition for record removal. But AB 704 remains a proposed bill. It has not been enacted yet as of mid-2026.
What to Watch
If AB 704 passes it would create:
- A distinct petition process separate from PC 1203.4.
- A lower eligibility threshold based on the applicant’s age at the time of the offense.
- Potential relief for a broad category of young adult convictions not currently covered by SB 731.
DCD LAW is monitoring this legislation closely and will update clients as the bill progresses.
How Proposition 36 (2024) Changes the Picture
Proposition 36 rolled back key provisions of Proposition 47. It reclassified certain repeat drug possession and organized retail theft offenses as felonies. Here is what this means for record clearing:
- Convictions entered before December 2024 under Proposition 47 as misdemeanors retain their misdemeanor classification for expungement purposes.
- Convictions entered after December 2024 under reclassified felony provisions face a higher expungement threshold under PC 1203.4 or SB 731.
- Prior Prop 47 reductions may be contested in new sentencing proceedings under Proposition 36’s recidivism provisions.
Eligibility at a Glance
Here is the eligibility criteria for different pathways to have your records expunged or sealed.
| Pathway | Requires Petition? | Covers Felonies? | Removes From Public View? |
Excludes Sex Offenses? |
| PC 1203.4 Petition Expungement | Yes | Non-prison felonies and wobblers | No – shows as dismissed | Yes |
| SB 731 Automatic Sealing | No | Non-serious and non-violent | Yes | Yes |
| AB 1076 Auto Misdemeanor | No | Misdemeanors only | Yes | Yes |
| Proposed AB 704 | Yes | Certain pre-age-26 offenses | Yes | To be determined |
Table: Pathways for Expunging or Sealing Records
Want Your Records Expunged or Sealed?
California’s record-clearing landscape has never offered more pathways. But navigating them without guidance means risking the wrong filing and a missed deadline. It can also lead to an overlooked eligibility issue that sets your case back months.
The right strategy depends entirely on the specifics of your conviction history – whether you qualify for automatic sealing under SB 731, a petition expungement under PC 1203.4, or are watching AB 704 closely. DCD LAW helps clients identify the strongest available pathway and handles every step of the process. Contact us today!
Frequently Asked Questions
1. Will Court Use My Expunged Record Against Me In A Criminal Case?
Yes. Your past conviction can influence the length of sentencing you face even after a PC 1203.4 expungement. It can also affect your eligibility for diversion programs.
2. Will Expungement Restore My Firearm Right In California?
No. Neither PC 1203.4 nor SB 731 restores lost firearm rights. A separate petition under PC 17(b) to reduce a felony to a misdemeanor may be required. Federal restrictions may also still apply.
3. Will An Expungement Or Sealing Remove My Record From Private Background Check Websites?
Not automatically. Third-party background check databases often lag behind court records. You may need to contact those services directly to request removal after your record is cleared.
4. Can I Expunge A Federal Conviction Through California’s Process?
No. PC 1203.4 and SB 731 apply only to California state convictions. Federal convictions require a separate federal process and have very limited expungement options.
5. Does Sealing A Record Under SB 731 Affect Professional Licensing Applications In California?
It depends on the licensing board. Some boards have statutory authority to access sealed records. Always consult an attorney before applying to a licensed profession with a prior conviction.
