Cleaning Up Your Record in California
The arrest is behind you. The case is closed. Now what? California has real legal tools to reduce felonies, dismiss misdemeanors, and seal records — and more people qualify than you think. This is what Chad wishes someone had told him years ago.
Why Chad Wrote This
This one is personal. I have been through the process of cleaning up my own past. I know what it feels like to carry a record and wonder if it defines you forever. It does not have to. California has some of the most accessible record-clearing laws in the country. I put this page together because after we get someone out of jail, I want them to know there is a path forward — not just to freedom, but to a clean slate.
The Big Picture: What Is Actually Possible
California law gives people multiple tools to address old convictions. These are not loopholes — they are statutes written specifically to help people move on. Here is what exists:
Expungement (Dismissal Under PC § 1203.4)
Most CommonThe most widely used tool. If you completed probation (or were never placed on probation), you may be able to have the conviction dismissed. The court withdraws the guilty plea, enters a not-guilty plea, and dismisses the case. The conviction still shows on background checks in some contexts, but you can legally say you were not convicted on most job applications. Covers most misdemeanors and many felonies.
Felony Reduction to Misdemeanor (PC § 17(b))
Game ChangerWobbler offenses — crimes that can be charged as either a felony or misdemeanor — can often be reduced to a misdemeanor after probation is completed. Once reduced, the conviction is treated as a misdemeanor for all purposes. This opens the door to expungement, restores certain rights, and dramatically changes how the conviction appears on background checks.
Proposition 47 Resentencing
Drug & Theft OffensesPassed by California voters in 2014, Prop 47 reclassified certain nonviolent drug and theft offenses from felonies to misdemeanors. If you were convicted of a qualifying offense before Prop 47 passed, you may be able to petition to have the felony reclassified as a misdemeanor — even if the case is long closed.
Proposition 64 — Cannabis Convictions
Cannabis OnlyIf you have a prior cannabis conviction for conduct that is now legal under California law, you may be eligible to have that conviction dismissed, sealed, or reduced. Many of these petitions can be filed for free. This applies to possession, cultivation, and some sales offenses depending on the amount.
Record Sealing for Arrests (PC § 851.91)
Arrest Without ConvictionIf you were arrested but not convicted — charges were dropped, you were acquitted, or the case was dismissed — you may be able to have the arrest record sealed. A sealed arrest record is not visible to most employers or landlords. This is separate from expungement and applies specifically to arrests that did not result in a conviction.
Certificate of Rehabilitation
Serious FeloniesFor people with serious felony convictions who are not eligible for standard expungement, a Certificate of Rehabilitation is a court order declaring that you have been rehabilitated. It does not erase the conviction, but it is a formal legal finding that carries real weight with employers, licensing boards, and parole authorities. It also serves as an automatic application for a Governor's Pardon.
Who Qualifies — The Basics
Eligibility depends on the type of conviction, whether you completed probation, and whether you have any new offenses. Here is a general framework:
What Does Not Qualify
California's record-clearing laws are broad, but not unlimited. These categories generally do not qualify for standard expungement:
- Convictions requiring registration as a sex offender under PC § 290 (in most cases)
- Certain serious and violent felonies listed in PC § 667.5(c)
- Cases where you served time in state prison (unless sentenced under realignment to county jail)
- Active cases — probation must be completed or terminated first
- Federal convictions — California law only covers state convictions
What the Process Actually Looks Like
This is not a quick form you fill out online. It is a court process — but it is manageable, especially with an attorney. Here is the general path:
Pull your record
Get a copy of your California criminal history from the Department of Justice (DOJ). This is the official record and shows every arrest and conviction on file. You can request it through the DOJ's Live Scan process or by mail. Cost is around $25.
Identify what qualifies
Go through each conviction and assess eligibility. Some will be clear candidates for expungement. Others may need a PC § 17(b) reduction first. Some may not qualify at all. An attorney can do this analysis quickly — most offer free consultations for record clearing.
File the petition in the correct court
Each conviction must be addressed in the court where it was filed. If you have convictions in multiple counties, you file in each county separately. The petition includes your case number, the relief you are requesting, and a declaration of eligibility.
The DA may respond
The district attorney's office has the opportunity to object. In most routine expungement cases they do not, but for more complex petitions — especially felony reductions — they may file a response. Your attorney handles this.
Court hearing (sometimes waived)
Many expungements are granted without a hearing — the judge reviews the petition and signs the order. More complex cases may require a brief court appearance. If a hearing is required, it is usually short.
Order is entered and record is updated
Once granted, the court sends the order to the DOJ and the conviction is updated to show as dismissed. This process takes a few weeks. After that, you can legally state on most job applications that you have not been convicted of that offense.
How Long Does It Take?
A straightforward misdemeanor expungement typically takes 60 to 90 days from filing to order. Felony reductions and more complex cases can take 3 to 6 months. The waiting period before you are eligible — completing probation, waiting after a prison term — is separate from the filing timeline. Some courts move faster than others. LA County tends to be slower than smaller counties.
What Does It Cost?
Court filing fees in California are typically $120 to $150 per petition, though fee waivers are available if you qualify based on income. Attorney fees vary — many record-clearing attorneys charge $500 to $1,500 for a standard expungement, more for complex felony cases. Some nonprofit legal organizations offer free or low-cost expungement services. The investment is almost always worth it given the impact on employment, housing, and professional licensing.
County-by-County Notes
The law is the same statewide, but the courts operate differently. Here is what Chad has observed across the four counties this site covers:
Los Angeles County
Largest court system in the country. Processing times are longer — expect 90 to 120 days for most petitions. The LA County DA's office has a dedicated record-clearing unit and has been relatively cooperative on routine expungements. Multiple courthouses handle different case types — make sure you file in the right one.
Orange County
Generally faster than LA. The Orange County Superior Court processes expungements at the Harbor Justice Center and Central Justice Center depending on where the case was filed. The OC DA's office tends to be more conservative on felony reductions — having an attorney matters more here.
San Bernardino County
Cases filed in San Bernardino are handled at the courthouse where the original case was heard — Rancho Cucamonga, San Bernardino, Victorville, or Big Bear depending on the jurisdiction. Processing times are moderate. The Inland Empire has a large population of people with older drug convictions who may qualify under Prop 47.
Riverside County
Riverside Superior Court handles expungements at the Hall of Justice in downtown Riverside. The Coachella Valley cases are handled at the Indio courthouse. Riverside County has been active in Prop 47 resentencing — if you have an older drug or theft felony from this county, it is worth looking into.
Where to Get Help
You do not have to do this alone. These organizations provide free or low-cost record-clearing assistance in Southern California:
You Are More Than Your Record
I have seen what a record does to people — the jobs they do not get, the apartments they lose, the licenses they cannot obtain. I have also seen what happens when people clean it up. It changes things. Not just practically, but in how they see themselves. If you are out on bail right now, this is not the time to think about this — focus on your case. But when it is over, come back to this page. There is a path forward. California built it for you.
Questions? Call Chad.
Chad is not a record-clearing attorney, but he knows the landscape and can point you in the right direction. Call anytime.
Call 855-BAD-CHAD24 hours a day, 7 days a week