Expungement Paperwork in California

No. California calls this a dismissal rather than an expungement, and what it does depends on the type of record. A dismissal under Penal Code 1203.4 can help, for example with many job applications. A dismissal does not remove the conviction from state and FBI records.

Form CR-180, Petition for Dismissal, revised January 1, 2024, with CR-181 as the proposed order. The same form covers requests to reduce a felony to a misdemeanor under Penal Code 17(b). A separate form, CR-409, is for sealing arrests that did not lead to a conviction.

The court says no new cases can be pending and the person cannot be on probation or parole. If probation was completed or ended early, the court must grant the dismissal. Otherwise the court decides in the interests of justice. We cannot decide eligibility for you.

The court says the Department of Justice may already have dismissed a conviction automatically under Penal Code 1203.425, and suggests checking before filing. We can prepare a petition at your direction. We do not promise any result.

It depends on the county. The petition is generally served on the District Attorney, and on Probation for felony convictions, who sign an acknowledgment, and then the clerk sets a hearing. Check your county court's website for its steps.