Being charged with a crime in California is never a pleasant ordeal. In addition to the fines, jail time, and burdensome court obligations, you have to think about your reputation. Unfortunately, criminal charges come with personal and professional consequences. However, California law allows individuals with criminal records to “clean their slate” through the process of expungement. Read on to learn if you qualify and how to file a petition for expungement in California.
California Expungement Meaning and Qualifications
Contrary to popular belief, petitioning for expungement does not mean asking for your record to be “cleaned”. Instead, with an expungement, your guilty plea or conviction is withdrawn and replaced with a permanent non-guilty plea. Then, the case is dismissed. In other words, an expungement process makes it seem as if a conviction never took place. That said, while state courts grant many expungements each year, not all convictions qualify.
Generally speaking, you can qualify for expungement in California if you meet all three of the following criteria AND you have paid all court-ordered fines.
- You are not currently serving probation
- You have not been charged with another crime
- Your crime was a misdemeanor or a felony that could have been charged as a misdemeanor.
On the other hand, you may not qualify for expungement if you:
- if you received a felony charge that resulted in a prison sentence;
- committed a sexual offense against a minor; or
- made a serious vehicle code violation that resulted in two or more points on your license.
File a DIY Petition for Expungement in California
If you’re looking to file a petition for expungement without an attorney in California, follow these steps:
1. Obtain a copy of your criminal record
You can get a copy of your record from the superior court.
2. Complete probation
California requires probation to be complete before expungement is granted. Therefore, if you have completed your probation or were never given probation, you can apply for expungement. That said, courts often grant early termination of probation. Thus, if you are still serving probation, you can petition the court to end your probation early.
3. Pay all fines, fees, and restitution
4. In the case of a felony, petition the court to reduce charges
Wobblers
In California, the only felonies that qualify for expungement are those that could have been charged as a misdemeanor, often called “wobbler” charges. If your sentence says the crime is “punishable by prison or by a term of not less than 365 days in jail,” then it is probably a “wobbler” and qualifies for expungement. Therefore, to expunge these convictions, you have to first petition the court to reduce the charges. If you can prove to the judge that you have rehabilitated your life and take responsibility for your actions, the request will usually be granted.
County/Jail Sentences
For non-“wobbler” felony convictions, the process of petitioning to reduce your charges will depend upon the type of sentencing. For example, if you were sentenced to county jail time and probation, you have to file two petitions. The first petition, PC 17b, will reduce the felony to a misdemeanor charge. The second, PC 1203.4, is a petition to have that misdemeanor charge dismissed. This process is fairly straightforward and usually takes 10 to 16 weeks depending on the court processing your documents.
Prison Sentences
If your felony charge resulted in a state prison sentence, you are only eligible for a dismissal if you have lived in the same county for five years. Also, you cannot file the same petitions as those in county jails. Instead, you have to file a petition for Certificate of Rehabilitation and Pardon. With this petition, you must prove to the judge that you have rehabilitated your life and are making every effort to change. After your request, the judge will decide whether they will reduce your charges to allow for dismissal.
5. In the case of a misdemeanor, complete and submit CR-180
California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.
Expungement Costs
Filing a petition for expungement in California usually costs between $100 – $400. However, the applicable fee will depend on the courthouse with which you submit the petition. That said, hiring an attorney to expunge a criminal record can range anywhere from $400 to $4,000 for a single criminal charge, plus the court costs.
Instead of working with an attorney, consider hiring a legal document assistant. For instance, using the services of A People’s Choice is a lower cost alternative than hiring an attorney to expunge a criminal record. Plus, we can help you draft all the necessary legal documents to file a petition for expungement in California. Contact A People’s Choice for more information.
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I have a 1995 petty theft in Disneyland gift shop…never been arrested for anything else ever…its been 27 years since this conviction…recently I applied for a certification in fingerprint rolling and was denied because of this…is petty theft expungable?
For information regarding our expungement services, please call us at 800-747-2780.
Hi,
I have a reckless driving from 2004 and just got my masters on Public Management. To work with the city or county do I need to expunge my record?
Is there any fee waivers to help with the court fees?
Thank you!
Hello,
To get legal advise on how your prior conviction are affecting you, you will need to speak with an attorney. For fee waivers, you should contact the county clerk.
Thank you,
smwhat do you do after you fill out form CR-180 and CR-181 and filed it with the clerk’s office. What happens next?
Hello,
You should speak to the county clerk or attorney to understand the process of your proceeding.
Thanks,
I was wondering where it says that if you got a prison sentence but got a certificate of rehabilitation that the judge would consider you for dismissal is that true because I asked another firm and they said no so was just wondering if the facts were right on this website
Info on our site is general information and should not be relied on as legal advice. Speak to an attorney to address your particular circumstances.
Hi Sandy
If someone file a bogus restraining order against someone and the course has disposed it can you get that expunged off of a California record. ?
Hello,
Thank you for your comment. Usually the only time a restraining order goes on your record is when someone violates that existing order. Expungement is usually not an option for restraining orders so you may want to get some legal advice. If you would like to remove a violation off your record. it is always up to the judge’s discretion as to whether or not they will allow the expungement.
I was a resident of California (LA County) till I moved to Oregon in 1972 where I still reside today. I’ve been waiting (four months now) on a background check from Oregon State Police for the purchase of a hand gun. OSP tells me their waiting on Cal to automate my record. I have received my FBI record, it shows 2 arrests both misdemeanors, one in 1965 and the other in 1973. From what I read, that could take forever. Is expungment the way to go for me?
Hi Will – Unfortunately we cannot give you legal advice as to whether or not you should take a specific course of legal action. I would recommend you speaking to a criminal attorney. Once you have your answers, if you want to proceed, give us a call at 805-648-5540.
Hi Sandy, in 2012, I arrested under petty theft misdemeanor in Santa Clara county region. Next day went to local police station and given my photo and fingerprints. With in a week, received a letter from Santa Clara district attorney saying that you are eligible for diversion program for first time offence under petty theft misdemeanor. as per court I have completed the diversion program(attended the awareness class and did the 16 hours community service). after that my case was dismissed. I never been to court and there is no record on my name in the court.
I went to “Superior court of California” in Santa Clara and asked, is there any record on my name. They searched and given the letter with no record on my name. Have below questions. Kindly please hep me
1. How do I expunge my arrest record in California
2. How to get official letter about case dismissal ( I received about diversion program completion letter, never received about case dismissal)
Thank you for your time and help.
Hi Chris – If you are looking for help with this process, I would recommend you call the office at 800-747-2780 and speak with our Expungement specialist.
Hello, I had my record expunged over 10yrs ago but I’m still having trouble when my record is searched with certain employers. Do I really need to get my record expunged again. What should I do?
Sometimes expunged records still show up in certain databases. Unfortunately that issue is beyond our scope of services.
in 2002 i was convicted with 245 pc i did 90 days jail time and completed my probation and since then nothing,Recently i applied for a job as a LYFT driver they denied it,how can i expung my record and how much it cost in CALIFORNIA,I’m from low income family,Thank you very much
Our office charges $299 to prepare the expungement paperwork. You want to make sure that you do your due diligence to confirm that the conviction is expungeable as we only prepare the documents and do not not advise nor research the issue.
I got my license suspended and never realized it because I moved to a different state and irresponsibly sold my car without changing the title or doing any paperwork. It was suspended for lack of insurance. Yet I no longer had a car for a couple years. I just got a car and I paid those feed but insurance is charging 4000 dollars a year. any way I can get the suspension expunged so insurance rate goes down?
I would talk to an attorney to see what your options are.
Hello, I have a case from 2005 and am looking to get an expungement but i am still paying restitution. Can i still file or do all fees have to be paid prior?
Unfortunately because we are NOT attorneys, we are unable to answer these kinds of questions as answering them would be considered giving legal advice. Many attorneys in this area of law offer a free consultation so I would try talking advantage of that option.
question, as a paralegal you only help with the paper work? also after the paperwork is submitted do I have to go in front of a judge?
thanks in advance for your response
Paralegals cannot prepare legal documents for consumers. Our office is a registered legal document assistant which is the requirement to offer legal document assistant services. Many cases do not require a court appearance in front of a judge. For example, an uncontested divorce could be completed without the parties ever having a court appearance. An Expungement may or may not require a hearing. It varies by court and situation.
Hi I got a misdemeanor case for battery case was close and clear of but when I apply for job it was still there causing me to loose my job
Talk to an attorney to see what your options are. Once you have that answer you can reach out to us to see if we can help with the required paperwork.
I have a felony for domestic violence. I’m close to getting a job at a hospital and need to pass a background check. Am I eligible to expunge my felony since I’ve been abiding and doing everything I’m suppose to be doing for probation.
Speak to an attorney to see if you are eligible. We cannot legally advise you regarding this.
I got a felony charge when I was younger and got another one about 2 years later. Never served state prison time, only county jail. Does having 2 felonies instead of just one make it impossible to clear my record?
I would ask an attorney. We cannot give legal advise.
I also have this problem, I was told that 2 felonies within 2 yrs makes it impossible to expunge? Is this true in California? Both of my felonies were sale of drugs, I did not have a gun, was not violent, i was in a work release program,, never did stare prison time and would line to restore my gun ownership? What can I do?
We can certainly help you prepare expungement documentation if that is the path you choose to take. Unfortunately we cannot give you legal advice. I would recommend that you talk to an attorney first, see what your options are, and then if you need expungement paperwork give us a call at 800-747-2780.
I live in Illinois, im trying to get a charge expunged in California. Do I need to obtain finger prints from my local authority to have to process started?
Fingerprints are not typically part of the process.
I need 2 misdemeanor expungements.
Do you prepare and submit those documents to the court??
Yes we do.
Husband and I got into a heated argument which resulted in me slapping him and him breaking my phone. Which resulted to me calling law enforcement. He got a scratch on his nose and I got arrested for admitting I slapped him. I was charged with a felonie. My husband bailed me out immediately 5k out of our savings. We sent a formal letter the DA. Went to see if he could drop the charges and they set up a appointment for him to fill out a merdoim form. I have a clean back ground up until this charge clean driving record. I have my criminal justice degree . Stay at home mother waiting for her kids to grow so I can get a job. Will I go to jail if the DA continues to charge me.
Hi Laura, I would get some legal advice regarding this issue. If you need any expungement paperwork prepared, we can assist with that, 800-747-2780.
Hi my question would be for a dry wreckless a 2 point conviction on my record Im currently a Class A Driver. And i cant get a job anywhere due to that, i was giving 10 sessions of parenting classes (complete) 26 AA classes also (complete). Credit for 1day jail time. & bail was paid 8hrs community service. Completed and turn in 5-07-18 CAN I FILE FOR EXPUNGEDMENT? ASAP?
We cannot give you legal advice. Please talk to an attorney to get an answer to your question.
Hello. I am currently 28 years old. When I was I was convicted for an armed robbery and spent about a year in jail. It has now been 10 years and I have not gotten in any sort of trouble. Is it possible to get my record expunged?
I would ask an attorney this question. Once you know whether the record is expungeable, we can help you with the paperwork.
I’d like to talk to you about my case! Please email asap
Thanks in advance;
Vu Nguyen
We only prepare legal documents Sorry but we don’t provide legal advice or “consult.”
Hi I have one felony which is terrorist threat I did 9 months in county and 3 months in prison I believe it was a turnaround can I still have my felony exsponged?
Talk to an attorney regarding this. Sorry but we do not offer legal advice as this is not a lawyer’s office.
First, a question…as I understand it, after seven years, California is one of eleven or so states that “automatically” erases
or eradicates not only any convictions (misdemeanor? –as well as felonies) that may be on your “record” but ALL (???) your criminal history ??? Are these/ Is this true? I read it on another online site.
Secondly, if this is true,and it has been seven years since say one misdemeanor on your criminal record in California, would it be better to just do nothing as the rule or law is that your “record” in California should be or is supposed to be erased and clean-slated, or is that untrue? or, similarly, altho this law is true, or is supposed to be enacted, procedurally it doesnt happen or doesnt happen often (meaning the erasure just doesnt occur even if its supposed to)??? So would it be better to do nothing and let the erasuretake place, or file a petition to expunge the misdemeanor? In other words, Would filing for expungement (misdemeanor) after seven years make something appear on your record that would otherwise not be there at all anymore????
Thankyou.
Milla – I would recommend you speak with an attorney exerienced in these types of matters. We are not lawyers and under California law cannot give you legal advice. Good luck!
I went through a trial but all charges were dropped. I went to the court house and the case still came up so I got a copy of it. Can I get that expunged?
I do not know how you can eliminate a court record. I would speak with an attorney.
I have lived in a different state all my life. Never even have lived or visited the state of California. However my step sister was a trucker in L.A. and Anaheim California. She stole my identity in the 90’s. Put an apartment in my name to which my name was cleared of the bills with the documents they sent. Now it shows on the internet Ive lived in L.A. and have a criminal record for something I have no idea for what. This girl stole my identity with my SS number. How can I be cleared from this record? I have no idea even for what it’s for.
Definitely talk to an attorney regarding this problem! Good luck!
Hello i caught a felony possession n a 2° burglery well over ten years ago at seperate times. I ended up recieving 180 days in county or in lue of that time start the 180 days in a rehab. I left the rehab n when i got picked up i ended up in prison. the prison due to the probation violation so technicly it wasnt really a prison conviction correct?
Unfortunately we cannot give you legal advice. I would speak to a lawyer regarding whether or not it was a prison conviction.
I went to the Public Defender in the same court house my misdemeanor case was handled, and they submitted my application for Dismissal free of charge. After about 3 weeks I received a letter from court saying request is Granted.
After a few days I lost the letter, but a few weeks later I applied for a job at Uber, where they ran my background check and emailed a copy of the result. It still shows my case. I wonder if the process required me to take the letter back to court office to complete the expunge process or whatever I missed I don’t….. appreciate you feedback.
I would check with the court to see what happened to the order. You may also want to follow up with the public defenders office.
I was arrested when i was 18 for stealing and intent to steal but all the charges were dismissed. Can I have my records sealed or expunged?
I would suggest you ask an attorney that question.
Hello my name is Martha, and I need to get my record expunged in California, I would like to know what is your cost?
Pricing can be located at the bottom of this page https://apeopleschoice.com/california-legal-documents/california-expungement/