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Clearing your record — what it can and cannot do

California does not erase criminal records. What it offers is a dismissal that changes how a conviction is treated. That is genuinely worth having — but only if you know what it actually gets you.

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The Judicial Council says it plainly: "True expungement does not exist in California." What Penal Code section 1203.4 provides is a dismissal — the case is reopened, the plea withdrawn, a not-guilty plea entered, and the case dismissed. The record of it remains.

Source: California Courts self-help, Clean your record.

What a dismissal does not do

These come straight off the court's own order granting relief (form CR-181), and they matter more than the marketing usually admits:

  • It stays disclosable for public office, for state and local licensing, and for contracting with the State Lottery Commission.
  • It still counts as a prior. A dismissed DUI can be pleaded and proved in a later case exactly as if nothing had been dismissed — so it still makes a future DUI a second offense.
  • The DMV is unaffected. Suspensions and revocations stand and the DUI stays on your driving record.
  • It does not restore firearm rights if you are otherwise prohibited.
  • It does not end a DNA sample requirement or a criminal protective order.

Source: Judicial Council form CR-181.

What it does do

For most private employment, a dismissed case is one you can answer honestly as dismissed. That is the practical value, and for a lot of people it is the difference in getting hired. Landlords and background-check services see the disposition changed.

Who qualifies

  • You are not currently charged with an offense, and not on probation or parole in any case.
  • If probation was granted and you completed it and satisfied its terms, the dismissal is mandatory — the court must grant it.
  • If you did not complete every term, it becomes discretionary: the judge decides in the interests of justice.
  • Still on probation? You can ask the court to terminate probation early under Penal Code 1203.3 and petition at the same time.
  • No probation was imposed? Generally a one-year wait from conviction.
  • State prison cases go a different route — Penal Code 1203.41 or 1203.42 rather than 1203.4.

Some relief is now automatic

Under Penal Code 1203.425, many convictions are now dismissed automatically without anyone filing anything. Worth checking before you pay for a petition — though the courts note that formally requesting a dismissal can still carry additional benefits.

Separate proceedings, each needing their own petition: reducing a felony to a misdemeanor under Penal Code 17(b), a Certificate of Rehabilitation, and a Governor's pardon.

How we do it

We pull your record first — people are often wrong about what they were actually convicted of, and sometimes relief has already been granted. Then the petition on form CR-180, service on the prosecutor, and the hearing if the court sets one. Tell us what you are trying to accomplish, because sometimes the answer is a 17(b) reduction rather than a dismissal.

We handle these cases across seven counties

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This page is general information about California law, not legal advice, and reading it does not create an attorney–client relationship. Penalties and procedures vary by county, by judge and by the facts of your case. Talk to us about yours.

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Nathan Passavant

Nathan Passavant

Attorney · California Bar #310324

Nathan earned his J.D. from Michigan State University College of Law and was admitted to the bar in 2010. He is licensed to practice in California and founded The 805 Legal Team in 2017 to serve his Central California community, building it around DUI defense — the DMV hearing and the court case both, because losing track of either one costs clients their license. California Bar #310324.

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Straight answers, no runaround, and a team that fights both the DMV and the court so you don't have to face either alone.

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We review the evidence, the stop, and the testing, and map your options.

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At the DMV and in court — for dismissal, reduction, or the best outcome.

Common questions

Expungement — questions we get asked

Does this erase my record?
No. The Judicial Council states plainly that true expungement does not exist in California. What you get is a dismissal — the plea is withdrawn, a not-guilty plea entered and the case dismissed. The record of the case remains.
Then what is it worth?
For most private employment you can answer that the case was dismissed, and background-check services show the changed disposition. For a lot of people that is the difference in getting hired.
Can a DUI be dismissed this way?
Misdemeanor DUIs are commonly petitioned. Be clear-eyed about the limits: the DMV is unaffected, the conviction stays on your driving record, and it still counts as a prior if you are arrested again.
What if I am still on probation?
You generally cannot petition while on probation. You can ask the court to terminate probation early under Penal Code 1203.3 and petition at the same time.
Has my case already been dismissed automatically?
Possibly. Under Penal Code 1203.425 many convictions are now dismissed automatically with nothing filed. Worth checking before paying for a petition — though formally petitioning can still carry additional benefits.
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