How to remove felony from record in California?
Asked by: Mrs. Ashlynn Nienow III | Last update: February 3, 2026Score: 4.5/5 (22 votes)
To remove a felony from your California record, you generally petition the court for a "dismissal" (not a true expungement) under Penal Code 1203.4, often after first getting the felony reduced to a misdemeanor (PC 17(b)), especially for "wobbler" offenses, by completing your sentence (probation, fines, jail) and showing rehabilitation, with recent laws (SB 731) expanding options for state prison cases, though serious sex offenses are excluded.
How do I remove a felony from my record in California?
To request dismissal, use form CR-430. You should also include form CR-431 (which the court will forward to the California Department of Corrections or the appropriate county authority to confirm your successful participation) and form CR-432 (which the judge will use to grant or deny your request).
How long does it take for a felony to come 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.
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 felonies cannot be expunged in CA?
Felonies That Cannot Be Expunged in California
- Any felony requiring lifetime sex offender registration under Penal Code § 290.
- Serious sex crimes involving children, such as lewd acts with a minor, statutory rape involving a minor under 16 and a defendant over 21 and continuous sexual abuse of a child.
📝HOW TO EXPUNGE FELONY CRIMINAL RECORD || 5 Steps
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.
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.
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.
How do I know if my felony has been expunged?
The clerk can look up your information and tell you what is in their system, such as the expungement order or other criminal convictions, arrests, or charges. Likewise, you can contact law enforcement to see if your information still shows up in their system.
Does being a convicted felon stay with you for life?
A felony conviction stays on your criminal record permanently in California, unless you're able to get it dismissed or sealed through a legal process. This means that any time someone runs a background check on you – such as an employer, landlord, or lender – your felony conviction will show up.
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)
How to get felony charges dropped?
The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program.
Do felony charges ever go away?
No, felony convictions in California do not automatically go away or “disappear” after seven years. The conviction remains on an individual's criminal record permanently, unless it is formally dismissed or reduced to a misdemeanor through a legal process.
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.
Who's eligible for early release?
Last year, thousands of inmates were released early in an emergency measure to deal with prison overcrowding. Eligible prisoners serving more than five years were automatically released after serving only 40% of their fixed-term sentence, rather than the usual 50%.
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 felonies cannot be expunged in California?
Crimes such as lewd acts with a minor (Penal Code §288), statutory rape, and possession or distribution of child pornography cannot be expunged. These offenses are considered too severe due to the long-term harm they cause and public safety concerns.
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 do I clear my criminal record in California?
If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270) . Some courts also have local forms you can use. There is no statewide form.
What are red flags on a background check?
Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.
What is the Second Chance Act in California?
The Federal Second Chance Act helps to fund re-entry projects across California. These help to support workforce development, housing programs, and community services that help people transition out of prison or jail and into society.
What is the 72 hour rule in California?
The California 72-hour rule primarily refers to the strict deadline for employers to pay final wages to employees who quit, requiring payment within 72 hours of resignation unless 72 hours' notice was given (in which case it's due immediately). Missing this deadline triggers "waiting time penalties," where the employer owes the employee up to 30 days' wages for each day the payment is late. There's also a separate municipal 72-hour parking rule allowing cities to tow cars parked on public streets for over 72 hours.
What is the new law for felonies 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.
Do I have to disclose a felony after 7 years in California?
Types of Background Checks in California
Standard employment background checks are the most common. These are governed by the seven-year rule, so they only show a criminal history from the past seven years. Employers must obtain written consent before doing these checks and must provide the results to the candidate.