What felonies cannot be expunged in California?
Asked by: Melany Gutkowski III | Last update: January 23, 2026Score: 4.4/5 (10 votes)
- Child pornography crimes.
- Certain sexual assault crimes.
- Committing lewd acts with a minor.
- Failure to submit to a police inspection of vehicle.
Do felonies go away after 7 years in California?
Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.
Can I own a gun after felony expungement in California?
Under federal law and under California law, a person convicted of a felony cannot possess firearms. A dismissal under Penal Code section 1203.4, what most people call an expungement, will do nothing for your gun rights.
How hard is it to get a felony expunged in California?
Once you have completed all of the necessary paperwork for your case, you may file for expungement. A typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed.
Can a 20 year old felony 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.
Record Eraser | What felonies cannot be expunged?
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 new law for expungement 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.
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?
Expunged Criminal Records Can Appear in CA Background Checks | Cardoza Law Corporation.
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.
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.
Can you become a police officer with an expunged felony in California?
Under Government Code section 1029, a person who has been convicted of a felony cannot become a police officer in California. However, if you have been convicted of a felony, it may be possible to reduce that felony to a misdemeanor, and then have the misdemeanor expunged. Contact our office for more information.
What kind of gun can a felon own in California?
Being convicted of a crime under California State law can impact your Second Amendment right to keep and bear arms under both California and federal law. In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun.
How far back does a felony background check go in California?
In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.
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.
Do I have to disclose an expunged felony in California?
If Employers ask if you have ever been convicted of a crime, you can respond with "NO". On questions from Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you should disclose the expunged case but can tell them it has been dismissed and set aside.
Can the FBI see expunged records?
Will expunged records show up on an FBI background check? It is possible. Although records that undergo expungement should not appear in most systems, the federal government's background check processes work differently.
Can you pass a level 2 background check with a felony?
Potentially disqualifying offenses for a Level 2 background check include serious criminal convictions such as violent crimes like murder, assault, and kidnapping; sexual offenses like sexual assault and child molestation; and major drug-related crimes such as drug trafficking and drug manufacturing.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
How do you remove a felony from your record in California?
- Step 1: Get an experienced attorney.
- Step 2: Get and complete the necessary forms.
- Step 3: File for expungement.
- Step 4: Prepare for your hearing by meeting with your attorney.
- Step 5: Your court hearing.
- Step 6: What happens next. If the Court grants your petition:
Does a felony go away after 7 years?
Dismissed felony charges can usually be sealed or expunged right away. 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.
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.
What is the 7 year rule for criminal background checks in California?
The FCRA includes a seven-year rule that prohibits background check companies from reporting certain types of adverse information that is older than seven years when the position the applicant has applied for pays a salary of less than $75,000 per year, which will be explained below.
How long does a felony stay on 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.
Can I file for expungement without a lawyer?
You can do it yourself, but it is better to hire a lawyer. You want it done right the first time, and the process can be confusing for laypeople. It's best to hire a professional to do the work for you.