California Expungement Guide: PC 1203.4, Clean Slate, and Prop 47

The first thing to know about California is that the state does not technically have "expungement." What California offers is a dismissal under Penal Code 1203.4. When a conviction is dismissed, the guilty plea is withdrawn, a plea of not guilty is entered, and the case is dismissed by the court. The record is not destroyed — it still exists — but it shows the dismissal, and California law gives you the right to answer "no" on most job applications that ask about criminal convictions.

That distinction between "dismissal" and "expungement" matters if you are searching for help. Use the word "dismissal" with California courts. And here is the good news: California has been steadily expanding who qualifies. Between Prop 47 (2014), the Clean Slate Act (AB 1076 in 2019, expanded by SB 731 in 2022), and the traditional PC 1203.4 petition, more Californians are eligible for relief than in almost any other state.

California's three main pathways to clearing your record

California has multiple legal mechanisms for clearing a criminal record, and they overlap. The right one depends on your conviction type, your sentence, and how much time has passed. Here are the three main pathways:

1. PC 1203.4 — Petition for dismissal (the traditional route)

This is what most people mean when they say "California expungement." Under Penal Code 1203.4, if you were convicted of a misdemeanor or felony and sentenced to probation (not state prison), you may petition the court to dismiss your conviction after completing probation. The court has discretion to grant early termination of probation if you are not yet done but have been compliant.

There is no filing fee. You fill out Form CR-180, file it with the superior court where you were convicted, and wait for the court to rule. Many petitions are granted on the paperwork without a hearing.

2. Clean Slate — Automatic relief (SB 731 and AB 1076)

Starting in 2021, California began automatically granting record relief for eligible convictions without requiring any petition. The California Department of Justice reviews records on a rolling basis and applies relief where the criteria are met.

Under the current Clean Slate laws, misdemeanors are eligible for automatic relief one year after completing the sentence (if no new arrests). Felonies that resulted in state prison time — which were previously ineligible under PC 1203.4 — are now eligible for automatic relief four years after release under SB 731, as long as there are no new felony convictions.

This was a major expansion. Before SB 731, people who served time in state prison had almost no pathway to clear their record. Now the state does it for them automatically.

3. Prop 47 — Felony reclassification to misdemeanor

Proposition 47, passed by California voters in 2014, reclassified certain drug and theft felonies as misdemeanors. If you were convicted of a felony for drug possession, petty theft under $950, shoplifting under $950, receiving stolen property under $950, check forgery under $950, or writing bad checks under $950, you may petition to have that felony reduced to a misdemeanor. Once reclassified, the standard dismissal timeline applies.

Prop 47 does not dismiss the conviction by itself — it reclassifies it. After reclassification, you can then seek dismissal under PC 1203.4 or wait for automatic Clean Slate relief.

Who qualifies — and who does not

California's eligibility rules are among the most generous in the country. Between the traditional petition process and automatic relief, most people with California convictions have a pathway. But there are hard limits, especially for sex offenses and serious violent crimes.

Waiting periods

The waiting period in California depends on which pathway applies. For PC 1203.4 petitions, you must complete probation first. For Clean Slate automatic relief, the timeline runs from your release date. For Prop 47 reclassification, you may petition as soon as your sentence is complete.

The filing process for a PC 1203.4 petition

If your conviction has not been automatically relieved under Clean Slate, or if you want to move faster than the automatic timeline, you can file a petition yourself. California has no filing fee for dismissal petitions, and the process is designed for people to navigate without a lawyer. Here is how it works.

What to gather before you file

What a California dismissal does — and what it does not

A PC 1203.4 dismissal is real and meaningful. It changes the legal status of your conviction and gives you enforceable rights. But it has limits you should understand before you file.

Free and low-cost legal help in California

You do not need a lawyer to file a PC 1203.4 petition in California. The process is straightforward if your case is simple — one conviction, probation completed, no complications. But if your record is complicated, if you have multiple convictions, or if you are unsure which pathway applies, California has strong free legal resources.

Start here

If you have a California conviction and you are not sure where you stand, the first step is to order your RAP sheet from the California Department of Justice ($25 at oag.ca.gov). That tells you exactly what is on your record and whether automatic Clean Slate relief has already been applied. From there, you can determine which pathway — PC 1203.4 petition, Prop 47 reclassification, or waiting for automatic relief — makes sense for your situation.

California has no filing fee for dismissal petitions. The state has been expanding eligibility steadily since 2014. If you checked your options before and were told no, the law may have changed since then. Use the free options guide to see where you stand now.