How do you remove a felony from your record in California?
Asked by: Lyda Wehner III | Last update: March 22, 2026Score: 5/5 (21 votes)
To remove a felony in California, you generally file a Petition for Dismissal (Expungement) after completing probation/sentence and meeting eligibility (no new crimes, etc.), which dismisses the conviction but it may still appear on some checks; for serious prison felonies, you can seek a Certificate of Rehabilitation and Pardon; or you might qualify for a felony reduction under Prop 47 for certain drug/theft cases, reducing it to a misdemeanor. The California Courts Self-Help Guide offers detailed, situation-specific instructions, but legal help is often recommended due to complexity.
Can you remove a felony from your record in California?
You can ask to have your felony conviction dismissed if both: You have no new cases pending. You are not on probation or parole in any case.
How long does it take to expunge a felony in California?
How long will the expungement process take? It will take anywhere from 3 weeks to 4 months, depending on how busy the court's calendar is. What is an expungement? An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction.
Will a felony show up on a background check after 10 years in California?
If you have an old felony conviction on your record in California, you might wonder if it will still appear on background checks. The short answer is yes, a felony stays on your record unless you take action to remove it. In California, criminal convictions don't disappear on their own.
What is the 7 year rule in California?
In California, the "7-Year Rule" has two main meanings: for employment background checks, it generally limits reporting of adverse information (like arrests, civil suits, paid liens) to the past seven years, with exceptions for certain serious crimes; and in the entertainment industry, Labor Code §2855 limits personal service contracts to seven years, allowing artists to exit long-term deals. Both rules aim to protect individuals from perpetual negative records or overly restrictive, long-term personal contracts.
📝HOW TO EXPUNGE FELONY CRIMINAL RECORD || 5 Steps
What is the new law for felons in California?
Recent California laws, primarily SB 731 (2022), significantly expand record-clearing, automatically sealing records for many non-violent felons who complete their sentences and stay crime-free for four years, while Proposition 36 (2024) modified sentencing for certain drug and theft offenses, focusing on rehabilitation and adding penalties for fentanyl distribution. These laws aim to provide second chances by making it easier to expunge or seal records, though serious and violent offenders are generally excluded, and new laws also introduce treatment options for drug offenses.
What crimes cannot be expunged in CA?
In California, you generally cannot expunge convictions for serious violent felonies, sex offenses requiring PC 290 registration, murder, arson, kidnapping, and certain child-related offenses, as well as felonies committed while still on probation, though recent law changes (SB 731) allow for expungement after completing prison time for some felonies, except for these disqualifying offenses. Key disqualifiers include offenses with life sentences, certain PC 288 (child molestation) crimes, and specific Vehicle Code infractions like DUI (if it's a felony or serious).
Is it better to seal or expunge your record?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
Can the FBI see my expunged record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
How can I get my record expunged for free in California?
The Legal Aid Foundation of Los Angeles offers free help with expungements and other types of record-clearing.
How do I check if my record is sealed?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
What is the 3 felony rule in California?
California's 3-Strikes and You're Out Law went into effect on March 7, 1994. Its purpose is to dramatically increase punishment for persons convicted of a felony who have previously been convicted of one or more "serious" or "violent" felonies.
Can I buy a gun in California with a felony conviction?
Under California Penal Code Section 29800, it is illegal for anyone convicted of a felony to own, possess, purchase, or receive a firearm. This applies to all types of felonies, including non-violent and white collar crimes. Even if your offense seems unrelated to gun use, the prohibition still applies.
What are the hardest crimes to prove?
Top 5 Hardest Criminal Charges to Beat
- First-degree Murder.
- Sexual Assault.
- Drug Trafficking.
- White-collar Fraud.
- Repeat DUI Offenses.
- DNA Evidence.
- Digital Forensics.
- Ballistics and Weapon Analysis.
How long until a felony is off your record in California?
A felony will stay on your record forever in California unless you choose to take action and get the conviction removed. This is called the “expungement process” and generally requires the help of a legal representative to get underway. Rather than the federal courts, state courts handle the expungement process.
What is the 7 minute rule in California?
The "California 7-Minute Rule" refers to a federal payroll rounding practice where employee work hours are rounded to the nearest quarter-hour (15 mins) for pay, legal under federal law if neutral, but increasingly scrutinized in California due to court rulings requiring payment for all time worked, like the Troester case, making strict application challenging and requiring employers to avoid systematic underpayment, even for short daily work periods. Essentially, punches within 7 minutes of a quarter-hour (e.g., 8:00-8:07) round down, while 8 minutes or more (e.g., 8:08) rounds up, but California courts demand this neutrality and compensation for all work, making employers wary.
What jobs can you not do as a convicted felon?
While there's no universal "forbidden" list, felons often face significant barriers in jobs requiring licenses (teaching, law, healthcare), government roles (police, security clearance), finance (banking, trading), transportation (pilots, conductors), and any position involving vulnerable populations (children, elderly), with restrictions varying by state and the nature of the conviction, especially for crimes related to honesty, violence, or substance abuse.
What jobs can felons get in California?
Felony friendly jobs in California
- Dishwasher. Easily apply. ...
- Cleaner. Marriott International, Inc. ...
- Cannabis Cultivator. Easily apply. ...
- Warehouse Operator. Medline Industries. ...
- Warehouse/Packing Support Team Member. Easily apply. ...
- General Hard Laborer. Easily apply. ...
- $21 an Hour General Labor Position Needed. ...
- Warehouse Loader (Full Time)
What are red flags on a background check?
Red flags on a background check are discrepancies or concerning findings like criminal records (especially violent, financial, or drug-related), significant inconsistencies in employment/education history, poor credit history (for finance roles), negative references, failed drug tests, or unprofessional social media activity, all raising concerns about a candidate's integrity, judgment, or suitability for a role.
What is the Second Chance Act in California?
The Second Chance Act (SCA) supports state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning from state and federal prisons, local jails, and juvenile facilities.
What's worse, felony 2 or 3?
The difference between a 3rd and 2nd degree felony is 10 years (3rds are punishable by 5 and 2nds are punishable by 15 years).
What is the resentencing law in California 2025?
California's 2025 resentencing laws expand judicial discretion, allowing judges to reconsider older sentences, especially for non-violent offenders or those impacted by law changes, promoting second chances by focusing on rehabilitation and outdated sentencing laws. Key changes include broader judicial power to reduce sentences for offenses no longer punished as harshly, new paths for "Three Strikes" inmates, and mechanisms for the CDCR (California Department of Corrections and Rehabilitation) to recommend resentencing for good behavior or legal shifts, aiming for fairer, less disparate justice.
What is considered a felony in the state of California?
(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
How do I know if my background check is clean?
The report the potential employer shares with you should have the contact information for the company that provided the background check services. You can use this information to contact them and ask them to review the report results.