What crimes can be expunged in California?

Asked by: Ms. Martine Bogan  |  Last update: May 17, 2025
Score: 4.2/5 (70 votes)

What types of Criminal Charges Can be Expunged in California?
  • Child pornography crimes.
  • Certain sexual assault crimes.
  • Committing lewd acts with a minor.
  • Failure to submit to a police inspection of vehicle.

What records Cannot be expunged in California?

The correct legal term in California is not expungement, however, many people use it to refer to the sealing of arrest records or the dismissal of convictions. Arrests or convictions that cannot be sealed or dismissed in California include: Serious or violent felonies like robbery, rape, murder, first-degree burglary.

Does your criminal record clear after 7 years in California?

As a result, if you have a misdemeanor conviction, it is important to understand what will show up on a background check. In California, criminal convictions will show up on an individual's background check for seven years.

What is the new California expungement law in 2024?

Starting in July 2024, non-serious, non-violent, and non-sexual felony convictions will be automatically sealed from public view for those who have completed their sentences and remained crime-free for four years. This eliminates the need for legal representation and streamlines the process for many Californians.

How much does it cost to expunge your record in California?

The Court charges a fee for filing each dismissal/expungement petition. The fee is currently $120 for each felony case and $60 for each misdemeanor case. There is no filing fee for dismissing/expunging infractions.

Some California criminal records may be expunged

29 related questions found

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

While an expunged conviction will still show up on background checks, it will also show that it has been dismissed, which can improve your chances of employment or housing.

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.

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.

How can I get my criminal 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.

Do California background checks go past 7 years?

How Far Back do Employment Background Checks go in California? In California, criminal convictions can only be reported for seven years.

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

After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.

What is the second chance law in California?

In California, the “2nd Chance Law” refers to a set of laws and initiatives that aim to provide individuals who have been convicted of a crime with the opportunity to have their criminal records sealed or expunged.

What is the 7 year look back rule?

The FCRA's seven-year rule restricts the reporting of certain types of information for jobs paying less than a minimum salary threshold. Additionally, several states have seven-year restrictions on reporting criminal convictions.

What is the new clean slate law in California?

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.

Do felonies go away after 10 years?

In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.

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.

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.

Who is eligible for expungement in California?

Due to recent changes in California law, most Californians with felony convictions are eligible for record expungement. Eligibility: You may not be under post-release supervision. You must have been off post-release supervision for at least two years.

What is the 10 year ban in California?

For any person convicted on or after January 1, 2024, of a misdemeanor violation of specified provisions in Penal Code sections 25400, 25850, 26350, and 26400, prohibits the possession of a firearm for ten years after the conviction.

Can my wife own a gun if I'm a felon in California?

So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.

How far back does a gun background check go in California?

The state began saving data about firearm purchases in 2014 for long guns and 1990 for handguns, so if your last purchase was before then, you are not in the state's database. To get into the database, you can register a firearm using this form, which costs $19.

Which is better a pardon or expungement?

If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.

Can an expungement be reversed?

Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.

Does California have automatic expungement?

Assembly Bill 1076 established an automatic expungement process for most misdemeanor convictions and many non-violent felony convictions. The eligibility requirements for the automatic expungement relief are: You completed probation without any probation violations on record.