California Expungement Laws 2026
California expungement and record-sealing laws: eligibility, waiting periods, and how to clear a criminal record in California.
California allows certain criminal records to be cleared or sealed. The relief is called "Expungement (dismissal under PC 1203.4)", governed by Cal. Penal Code § 1203.4.
Automatic record clearing in California
Yes — California clears or seals many eligible records automatically, without a separate petition. California dismisses eligible convictions under Penal Code 1203.4 and automatically seals many arrest records that did not lead to charges.
At a glance
| Detail | California |
|---|---|
| Relief available | Expungement (dismissal under PC 1203.4) |
| Statute | Cal. Penal Code § 1203.4 |
| Automatic clearing? | Yes — many eligible records clear automatically |
| Waiting period | About 1 year after probation |
| Eligible records | Most misdemeanors and some felonies (not serious/violent) |
| Process | File petition with court; no hearing if DA agrees |
Who is eligible
Most misdemeanors and some felonies (not serious/violent).
How the process works
File petition with court; no hearing if DA agrees.
Source and last verified
Statute: Cal. Penal Code § 1203.4. Last verified: 2026-08-04. Laws change — confirm the current rule with the California records authority before acting.
All 50 states
Frequently Asked Questions
What is record clearing called in California?
In California, the relief is called "Expungement (dismissal under PC 1203.4)", governed by Cal. Penal Code § 1203.4.
How long do I wait before clearing a record in California?
About 1 year after probation.
Who can clear a record in California?
Most misdemeanors and some felonies (not serious/violent).
Does California clear records automatically?
Yes — under California law, many eligible records are sealed or cleared automatically without a petition. California dismisses eligible convictions under Penal Code 1203.4 and automatically seals many arrest records that did not lead to charges.