Expungements 101
What is an expungement?
An expungement is a way of cleaning up your adult record, reducing the information that shows up on a background check. It can also relieve you of some of the consequences of a conviction. It is important to understand, however, that a criminal record is not actually "expunged" under this statute. A more proper term is "dismissal." What happens is the court re-opens your case, the “finding of guilt” (your guilty or no contest plea, or guilty verdict) is withdrawn, and a "not guilty" plea is entered. The court will then dismiss your case. The dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed.
Getting a conviction expunged hides the conviction from certain people (for example, some employers, some landlords, and credit agencies) when they run a background check on you. Most private employers are NOT allowed to see a conviction that has been expunged. Additionally, most private employers CANNOT ask you about or even consider, a conviction that has been expunged when you apply for a job. Be aware, however, many times a court file still exists after an expungement. Anyone who knows how to look for a court file may be able to find it.
Who is eligible for an expungement?
Convictions for certain crimes can never be expunged. You may be eligible if:
1. You were convicted of a felony and were granted probation (formal or informal probation). You must have completed all the terms of probation, may not be under post-release supervision, and must have been off it for at least two years. You were convicted of a felony and sent to local prison (a prison term served in county jail). You must wait one year after completing a “split” sentence before applying for a dismissal, starting after you complete all mandatory supervision in the community.
2. You were convicted of a misdemeanor and denied probation or you were convicted of an infraction. You must wait one year after your conviction before applying for dismissal/expungement. You cannot be on probation or another type of supervision or be serving a sentence for any other case. You must not be currently charged with any other offense. (Penal Code §1203.4a)
3. You have never been convicted of a crime that requires you to register under Penal Code 290 (sex offender registry).
What if I went to State Prison ?
Maybe. The law used to state you could not dismiss/expunge a case for which you served a state prison sentence. You were sentenced to state prison on the case before October 1, 2011, and the case is now the type for which you would be sentenced to local prison including changes under Durazo and Reyes, which allow for retroactive reclassification of certain felonies and grant expungement relief immediately upon release from prison, even if you are still under supervision, for those who attended firecamp while incarcerated making it possible for individuals who served time in state prison to petition for expungement in certain circumstances. You may now petition to dismiss/expunge a case for which you served a prison sentence if:
1. The case has been reclassified as a misdemeanor under Prop. 47;
2. The case has been reclassified as a misdemeanor under Prop. 64 (amended by Durazo), which now includes some additional felonies eligible for expungement if they meet the criteria. This includes:
How do I get a dismissal/expungement?
The first step is getting a copy of your court file. If your original court file has been purged or is not available, you may need to obtain your criminal history report (rap sheet) from the California Department of Justice (DOJ). To do this, submit a request for your own criminal history record, which typically requires getting Live Scan fingerprints at an approved location. The DOJ will process the fingerprints and send you the report. Live Scan locations can be found on the DOJ website at https://oag.ca.gov/fingerprints/locations, and fees for fingerprinting vary by site (typically $20-$50 for the rolling fee). The DOJ charges $25 to request your DOJ rap sheet. People who have low-income can ask the DOJ to waive the fee. To get a DOJ Fee Waiver follow these three easy steps:
1. Get proof that you have low-income. The only kind of proof that the DOJ accepts is proof that you get government benefits for people who are low-income. Any of the benefits below are proof that you are low-income.
3. Mail your low-income proof and signed declaration of indigence to:
State of California, Department of Justice
Bureau of Criminal Identification and Information (BCII)
PO Box 903417
Sacramento, CA 94203-4170
If the DOJ approves your fee waiver request, they will mail you a pre-printed DOJ Record Request Form. Once you get that form, you are now ready to go to the Live Scan place to do your fingerprints and request your DOJ rap sheet. If you do not receive the DOJ Record Request Form within 2 weeks, call the DOJ at (916) 227-3835 to check on the status of your fee waiver application. Here is what you need to do, step-by-step:
1. Fill-in all of your personal information on the pre-printed DOJ Record Request Form (Live Scan form if no fee waiver obtained)
2. Take the completed form, along with a valid photo ID and the fingerprinting fee to a local Live Scan place. The Live Scan fingerprinting fee varies by location.
For Live Scan locations and the fee amounts, visit https://oag.ca.gov/fingerprints/locations.
MAIL TO:
State of California, Department of Justice
Bureau of Criminal Identifcation and Information (BCII)
PO Box 903417
Sacramento, CA 94203-4170
Once your file or rap sheet have been obtained you will use this information to verify case details and proceed with filing your “Petition for Dismissal.” The form must be completed for each case separately and submitted to the Superior Court where the conviction occurred for review and decision. Any supporting documents to show why the court should grant your request must be filed with the Petition. The Petition for Dismissal and supporting documents must also be served on the prosecuting agency.
How much does it cost?
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.
If you feel you are unable to pay the court fees, you can file a "Request to Waive Court Fees," along with the petition. Some courts also require a "Financial Declaration." The Court will decide on waiving the fees on the case.
Additional costs may include Live Scan fingerprinting for obtaining your DOJ rap sheet (around $20-$50 for the rolling fee plus $25 DOJ processing fee, which can be waived for low-income individuals using the process described above) and any fees for copies or service of documents. Fees can vary slightly by county and may be adjusted for inflation; check with your local Superior Court for the exact amount as of 2025.
What if I want a lawyer to assist me?
While you do not need a lawyer, you may want one and can hire one at an additional cost.
Will there be a court hearing?
Most misdemeanor dismissals/expungements are handled without a court hearing. The judge will make a decision just based on the documents and issue a court order. In felony cases, there will be a court hearing and you will need to appear (unless a lawyer is representing you and is making the appearance for you).
How long will it take for a decision to be made?
It depends on if your case is a felony, a misdemeanor, or involves other circumstances. Additionally the courthouse your case is being heard in, and whether there is going to be a court hearing will dictate your timeline. It can take anywhere from 30 days to 4 months or even longer if the court is really busy.
Can I get an older misdemeanor case expunged?
Misdemeanor cases that are older than 5 years may be purged (destroyed) by the court at any time, depending on the charges. In some cases, it can be less than that. Just because the court has purged your file, does not mean the case is off your record. If your original court file has been purged, it is more difficult to obtain an expungement. You will need to order your criminal history report from the Department of Justice (DOJ) in Sacramento to proceed with an expungement.
How Fallen Justice Will Assist You?
The Fallen Justice Program is here to support you throughout the expungement process. We will assist with preparing your petition, guide you through fee waivers, and draft a declaration in support of your expungement. After registering and while waiting on your criminal record/rap sheet, we will schedule a face-to-face meeting with a volunteer attorney during one of our Sunday clinic hours (the first Sunday of every month). While these attorneys can offer guidance, please note they are volunteers and will not provide appearance assistance. A limited scope agreement will be provided prior to your session, clearly outlining the nature of your relationship with the attorney and the specific assistance being offered. Each session shall last no longer than 1hr, and the limited scope agreement must be returned prior to your meeting. We are dedicated to helping you navigate the process and ensure you have the best support you need while being able to accommodate the many like yourself who are seeking help.
To get started, complete the registration form here:
An expungement is a way of cleaning up your adult record, reducing the information that shows up on a background check. It can also relieve you of some of the consequences of a conviction. It is important to understand, however, that a criminal record is not actually "expunged" under this statute. A more proper term is "dismissal." What happens is the court re-opens your case, the “finding of guilt” (your guilty or no contest plea, or guilty verdict) is withdrawn, and a "not guilty" plea is entered. The court will then dismiss your case. The dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed.
Getting a conviction expunged hides the conviction from certain people (for example, some employers, some landlords, and credit agencies) when they run a background check on you. Most private employers are NOT allowed to see a conviction that has been expunged. Additionally, most private employers CANNOT ask you about or even consider, a conviction that has been expunged when you apply for a job. Be aware, however, many times a court file still exists after an expungement. Anyone who knows how to look for a court file may be able to find it.
Who is eligible for an expungement?
Convictions for certain crimes can never be expunged. You may be eligible if:
1. You were convicted of a felony and were granted probation (formal or informal probation). You must have completed all the terms of probation, may not be under post-release supervision, and must have been off it for at least two years. You were convicted of a felony and sent to local prison (a prison term served in county jail). You must wait one year after completing a “split” sentence before applying for a dismissal, starting after you complete all mandatory supervision in the community.
2. You were convicted of a misdemeanor and denied probation or you were convicted of an infraction. You must wait one year after your conviction before applying for dismissal/expungement. You cannot be on probation or another type of supervision or be serving a sentence for any other case. You must not be currently charged with any other offense. (Penal Code §1203.4a)
3. You have never been convicted of a crime that requires you to register under Penal Code 290 (sex offender registry).
What if I went to State Prison ?
Maybe. The law used to state you could not dismiss/expunge a case for which you served a state prison sentence. You were sentenced to state prison on the case before October 1, 2011, and the case is now the type for which you would be sentenced to local prison including changes under Durazo and Reyes, which allow for retroactive reclassification of certain felonies and grant expungement relief immediately upon release from prison, even if you are still under supervision, for those who attended firecamp while incarcerated making it possible for individuals who served time in state prison to petition for expungement in certain circumstances. You may now petition to dismiss/expunge a case for which you served a prison sentence if:
1. The case has been reclassified as a misdemeanor under Prop. 47;
- § Health & Safety Code Section 11377: Possession of Methamphetamine;
- § Health & Safety Code Section 11350: Possession of Controlled Substance;
- § Health & Safety Code §11357(a): Possession (simple possession for the personal use of most illegal drugs)
- § Penal Code Section 484: Shoplifting, or Attempted Shoplifting, value of property stolen does not exceed $950
- § Penal Code Section 487: Grand theft, value of the stolen property does not exceed $950
- § Penal Code Section 496: Receiving stolen property, value of the property does not exceed $950
- § Penal Code §470-476: Forgery, the value of the forged check, bond, or bill does not exceed $950
- § Penal Code §476a: Fraud, or Writing a bad check, the value of the fraudulent check, draft, or order does not exceed $950; or
2. The case has been reclassified as a misdemeanor under Prop. 64 (amended by Durazo), which now includes some additional felonies eligible for expungement if they meet the criteria. This includes:
- § Health & Safety Code Section 11359: Possession for Sale of Marijuana (for cases that were previously felonies under older laws).
- § Other marijuana-related offenses that were previously felonies under Prop. 64 but are now classified as misdemeanors.
How do I get a dismissal/expungement?
The first step is getting a copy of your court file. If your original court file has been purged or is not available, you may need to obtain your criminal history report (rap sheet) from the California Department of Justice (DOJ). To do this, submit a request for your own criminal history record, which typically requires getting Live Scan fingerprints at an approved location. The DOJ will process the fingerprints and send you the report. Live Scan locations can be found on the DOJ website at https://oag.ca.gov/fingerprints/locations, and fees for fingerprinting vary by site (typically $20-$50 for the rolling fee). The DOJ charges $25 to request your DOJ rap sheet. People who have low-income can ask the DOJ to waive the fee. To get a DOJ Fee Waiver follow these three easy steps:
1. Get proof that you have low-income. The only kind of proof that the DOJ accepts is proof that you get government benefits for people who are low-income. Any of the benefits below are proof that you are low-income.
- Copy of a Medi-Cal Card
- Copy of a Letter from SSI or Social Security or the VA, showing monthly grant
- Copy of a Letter from EDD (Unemployment or State Disability), showing monthly grant
- Copy of a Letter from CalWORKs, CalFresh (Food Stamps), or General Relief, showing monthly grant
3. Mail your low-income proof and signed declaration of indigence to:
State of California, Department of Justice
Bureau of Criminal Identification and Information (BCII)
PO Box 903417
Sacramento, CA 94203-4170
If the DOJ approves your fee waiver request, they will mail you a pre-printed DOJ Record Request Form. Once you get that form, you are now ready to go to the Live Scan place to do your fingerprints and request your DOJ rap sheet. If you do not receive the DOJ Record Request Form within 2 weeks, call the DOJ at (916) 227-3835 to check on the status of your fee waiver application. Here is what you need to do, step-by-step:
1. Fill-in all of your personal information on the pre-printed DOJ Record Request Form (Live Scan form if no fee waiver obtained)
2. Take the completed form, along with a valid photo ID and the fingerprinting fee to a local Live Scan place. The Live Scan fingerprinting fee varies by location.
For Live Scan locations and the fee amounts, visit https://oag.ca.gov/fingerprints/locations.
MAIL TO:
State of California, Department of Justice
Bureau of Criminal Identifcation and Information (BCII)
PO Box 903417
Sacramento, CA 94203-4170
Once your file or rap sheet have been obtained you will use this information to verify case details and proceed with filing your “Petition for Dismissal.” The form must be completed for each case separately and submitted to the Superior Court where the conviction occurred for review and decision. Any supporting documents to show why the court should grant your request must be filed with the Petition. The Petition for Dismissal and supporting documents must also be served on the prosecuting agency.
How much does it cost?
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.
If you feel you are unable to pay the court fees, you can file a "Request to Waive Court Fees," along with the petition. Some courts also require a "Financial Declaration." The Court will decide on waiving the fees on the case.
Additional costs may include Live Scan fingerprinting for obtaining your DOJ rap sheet (around $20-$50 for the rolling fee plus $25 DOJ processing fee, which can be waived for low-income individuals using the process described above) and any fees for copies or service of documents. Fees can vary slightly by county and may be adjusted for inflation; check with your local Superior Court for the exact amount as of 2025.
What if I want a lawyer to assist me?
While you do not need a lawyer, you may want one and can hire one at an additional cost.
Will there be a court hearing?
Most misdemeanor dismissals/expungements are handled without a court hearing. The judge will make a decision just based on the documents and issue a court order. In felony cases, there will be a court hearing and you will need to appear (unless a lawyer is representing you and is making the appearance for you).
How long will it take for a decision to be made?
It depends on if your case is a felony, a misdemeanor, or involves other circumstances. Additionally the courthouse your case is being heard in, and whether there is going to be a court hearing will dictate your timeline. It can take anywhere from 30 days to 4 months or even longer if the court is really busy.
Can I get an older misdemeanor case expunged?
Misdemeanor cases that are older than 5 years may be purged (destroyed) by the court at any time, depending on the charges. In some cases, it can be less than that. Just because the court has purged your file, does not mean the case is off your record. If your original court file has been purged, it is more difficult to obtain an expungement. You will need to order your criminal history report from the Department of Justice (DOJ) in Sacramento to proceed with an expungement.
How Fallen Justice Will Assist You?
The Fallen Justice Program is here to support you throughout the expungement process. We will assist with preparing your petition, guide you through fee waivers, and draft a declaration in support of your expungement. After registering and while waiting on your criminal record/rap sheet, we will schedule a face-to-face meeting with a volunteer attorney during one of our Sunday clinic hours (the first Sunday of every month). While these attorneys can offer guidance, please note they are volunteers and will not provide appearance assistance. A limited scope agreement will be provided prior to your session, clearly outlining the nature of your relationship with the attorney and the specific assistance being offered. Each session shall last no longer than 1hr, and the limited scope agreement must be returned prior to your meeting. We are dedicated to helping you navigate the process and ensure you have the best support you need while being able to accommodate the many like yourself who are seeking help.
To get started, complete the registration form here: