What cases cannot be expunged in California?

Asked by: Sheldon Bahringer  |  Last update: August 29, 2025
Score: 4.1/5 (6 votes)

Charges that cannot be expunged: Murder, attempted murder, voluntary and involuntary manslaughter, serious sex crimes, serious violent crimes, certain domestic violence crimes, felonies committed while on probation, and some traffic offenses cannot be expunged from your record.

What is the new law in California for expungement?

There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.

How long do you have to wait to get your record expunged in CA?

You may apply for expungement the day after your probation ends. Many people think there is a "waiting period" for expungement. This only applies to convictions with NO probation; (often called a "terminal disposition" by criminal lawyers) then you must wait one year from the conviction to expunge the case.

What type of felonies can be expunged?

California Law

For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.

What is the second chance law in California?

This reform offers a fresh start for many Golden Staters who have served their time and are committed to rebuilding their lives. Senate Bill 731 went into effect in mid-2023 providing Californians with most kinds of felony convictions, including violent crimes, the opportunity to ask for their records to be cleared.

Dismissing (expunging) old California convictions.

37 related questions found

What is the 50% rule in California?

The “Fifty Percent Law” (50% Law), as defined in Education Code Section 84362 and California Code of Regulations Section 59200 et seq., requires each district to spend at least half of its current expense of education each fiscal year for salaries and benefits of classroom instructors.

What is the California 7 year rule?

Section 2855(a) limits the term of personal service employment to seven years, i.e. a personal service employment contract may not be enforced for a period exceeding seven years. This is the reason the statute is famously known as the “Seven Year Rule.”

What felonies can't be expunged in California?

Some specific crimes cannot be expunged regardless of whether a person fulfilled his or her probation terms, including:
  • Child pornography crimes.
  • Certain sexual assault crimes.
  • Committing lewd acts with a minor.
  • Failure to submit to a police inspection of vehicle.

What is the clean slate program in California?

The Clean Slate Program is a reentry program that provides free legal services to persons convicted of criminal offenses in Fresno County who are eligible for record clearance. Clearing your criminal history may make finding employment, obtaining housing, and getting educational financial aid easier.

How much does it cost to expunge a felony in California?

Felony Expungement $1,200* (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $3,500. Sealing of Arrest Records under 851.91 PC $1,495. Reduction to Misdemeanor under 17b or Prop 47 $750.

Will my expunged record show up on a background check in California?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Is expungement worth it California?

There are many benefits to expunged convictions. First and foremost, it will give you peace of mind. As expressed in the California Penal Code 1203.4, expungement absolves a person of all discrimination and penalties that can result from a conviction.

Do I have to disclose a felony after 7 years in California?

California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.

Can I own a gun after expungement in California?

Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.

What is a clean criminal record?

Lawyers will advise you that clean criminal records are ones in which no convictions are present. Some of the items that will appear on criminal records include: Convictions and arrests. Dismissals. Felony offenses.

How can I get my record expunged in California for free?

How do I apply?
  1. Contact the Public Defender or legal aid. The Public Defender or legal aid in the county where you have convictions will be able to help you start the process.
  2. Submit petitions if eligible. In about 2-6 weeks, the Public Defender or legal aid will contact you. ...
  3. Receive decision.

What is the PACE program in California?

The Program of All-Inclusive Care for the Elderly (PACE) model of care provides a comprehensive medical/social service delivery system using an interdisciplinary team approach in a PACE Center that provides and coordinates all needed preventive, primary, acute and long-term care services.

What is the Fresh Start Act in California?

With the Fresh Start Act, California is enacting a policy that prioritizes our collective health and safety by enabling every Californian to contribute to our state and its economy, not perpetuating the leftover harm from failed criminal justice system policies of the past that voters have repeatedly rejected.

What is the new California expungement law in 2024?

California's Senate Bill 731 (SB731) was signed into law back in 2022 but was not scheduled to go into effect until October 1, 2024. It was written to help residents get various records sealed or expunged and prevent an array of adverse actions.

How long does a felony stay on your record in CA?

Felonies stay on your criminal record for the rest of your life. However, if you seek expungement, it is possible to clear your record of the offense.

What kind of felonies can be expunged?

It is a common misconception that felony cases cannot be expunged; this is incorrect- if a felony conviction resulted in successful probation (not an actual prison sentence) the case can probably be expunged. Certain sex offenses are specifically exempted from expungement.

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

What is the 65 rule in California?

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

What is the 72 hour rule in California?

In California, you must receive your final paycheck immediately if you get terminated or resign with at least 72 hours' notice. If you quit without notice, then your employer has 72 hours to give you your final paycheck.