California lets most people clear old convictions off their record under Penal Code 1203.4 — this guide walks through the actual filing steps, what disqualifies you, and where the process stalls in 2026.
- Penal Code 1203.4 covers most misdemeanors and felonies once probation ends, but it doesn't erase arrest records or apply to most sex offenses.
- Filing runs through the county Superior Court where you were convicted, not a state agency.
- Waiting periods run 1-2 years for most misdemeanors and vary by county for felonies with no formal probation.
- California's Clean Slate Act (AB 1076) auto-clears some records, but most people still need to file manually or confirm the automatic action happened.
- Cole Law handles expungement, record sealing, and felony-to-misdemeanor reductions for California residents in 2026 — start with a case review.
Why this matters
A conviction on your record shows up on background checks for jobs, housing applications, and professional licenses years after the sentence is done. Under Penal Code 1203.4, a granted expungement lets you legally state on most job applications that you were not convicted — with narrow exceptions for government licensing and certain law enforcement positions.
The petition doesn't erase the arrest itself and it doesn't restore gun rights in most cases. It changes the plea to "not guilty," dismisses the case, and reopens doors that a conviction otherwise closes. Getting the paperwork right the first time matters because a rejected petition in one county can mean refiling months later.
What you'll need
- Your case number and the county where you were convicted (check the Superior Court docket if you don't have it)
- Proof that probation is complete, or documentation showing you finished any jail/prison time and are not currently on probation
- A completed Petition for Dismissal (Form CR-180) and Order (Form CR-181)
- Filing fee, which most California counties set between $60 and $150, though some waive it for indigent petitioners
- A record of any other convictions, since multiple cases sometimes need to be filed together
- 60-90 days of patience — that's the realistic window most counties take to rule on an uncontested petition in 2026
If your record includes a felony, Cole Law can confirm eligibility before you file, since felony petitions carry more room for a prosecutor to object.
The steps
1. Confirm your case is eligible
Check whether your conviction qualifies under Penal Code 1203.4. Most misdemeanors and many felonies qualify once probation is finished, but people currently serving a state prison sentence for the underlying offense, and most registered sex offenders, are excluded. Pull your certified case record from the court clerk to confirm the exact charge code and disposition date — this is the single most common source of rejected filings.
2. Verify your waiting period has passed
Misdemeanor probation in California typically runs 1-2 years, and you generally need to complete it in full before filing. Felony probation without early termination can run 3-5 years. If you were never on formal probation, the wait is usually one year from your conviction or release date. File before the clock runs and the court can deny the petition outright.
3. Check for automatic relief under the Clean Slate Act
AB 1076, in effect statewide since mid-2023, auto-clears many eligible misdemeanor and lower-level felony records without a petition. Before spending time on paperwork, pull your record from the California Department of Justice to see if relief already happened. Skipping this step wastes a filing fee on a case that's already resolved.
4. Complete Form CR-180 and CR-181
List the exact charge, case number, and conviction date on Form CR-180 (the petition) and attach Form CR-181 (the proposed order) for the judge to sign. Any mismatch between the charge code on your form and the court's record triggers a clerk rejection before a judge even sees it. Double-check the spelling of the charge section against your certified docket.
5. File with the Superior Court clerk in the convicting county
Submit the petition and pay the filing fee, or file a fee waiver request (Form FW-001) if you qualify based on income. You must file in the county where the conviction happened — not where you currently live. Keep a stamped copy of everything you submit.
6. Serve the District Attorney's office
Most counties require you to notify the local DA's office that a petition is pending, giving them a window — usually 10-15 days — to object. An unopposed petition moves to a judge for signature; a contested one gets scheduled for a hearing. If the DA objects, that's when representation matters most, since the burden shifts to arguing why dismissal serves the interest of justice.
7. Attend the hearing if one is scheduled
Uncontested petitions are often granted without a court appearance in 2026, but contested cases require you or your attorney to appear. Bring proof of completed probation, restitution payments, and any rehabilitation records — employment history, education, community service — that support the dismissal.
8. Confirm the order and update your records
Once the judge signs Form CR-181, get a certified copy from the clerk and send it to any background check agencies that show the old conviction. The court doesn't automatically notify third-party screening companies — you carry that step yourself.
Troubleshooting
- Petition rejected for the wrong charge code: Pull a fresh certified docket from the court clerk and resubmit with the exact language matching their record.
- DA objects to the petition: Request a hearing date and bring documentation of full restitution payment and any completed rehabilitation programs — objections are common but not automatic denials.
- Multiple convictions across counties: You need a separate petition per county; there's no single statewide filing that covers all of them.
- Still on probation but want to file early: File a motion for early termination of probation first (Penal Code 1203.3) — you generally can't expunge until probation formally ends.
- Background check still shows the old conviction after dismissal: Send the certified CR-181 order directly to the screening company; expungement doesn't auto-update private databases.
- Felony reduction needed before expungement: If your felony is eligible for reduction to a misdemeanor under Penal Code 17(b), file that motion first — it can change your eligibility timeline and waiting period.
Confirm your expungement eligibility
Get a case review before you file a single form.
Tools and resources
- California Courts self-help center forms CR-180 and CR-181 (available through your county Superior Court)
- California Department of Justice record request, to check for automatic Clean Slate relief before filing
- Your county's fee waiver form (FW-001) if the filing fee is a barrier
- A certified copy of your case docket from the convicting county's clerk
- Legal review from Cole Law if your case involves a felony, a contested petition, or a prior objection from the DA
What to do next
If your case involves more than one conviction, a felony charge, or a DA's office known for objecting to petitions, don't file solo on a form template. Cole Law reviews California expungement cases and handles felony-to-misdemeanor reductions and record sealings alongside standard 1203.4 petitions, which matters when your eligibility depends on more than one moving part.
FAQ
How much does it cost to expunge a criminal record in California in 2026?
Court filing fees generally run $60 to $150 per county, and you can request a fee waiver if you qualify based on income. Attorney fees vary separately depending on whether the petition is contested.
How long does a California expungement take?
Most uncontested petitions take 60-90 days from filing to a signed order in 2026. Contested cases with a DA objection take longer because a hearing has to be scheduled.
Can you expunge a felony in California?
Yes, many felonies qualify under Penal Code 1203.4 once probation is complete, though some serious and violent felonies are excluded. A felony reduction to a misdemeanor under Penal Code 17(b) is often filed first if eligible.
Does expungement remove a conviction from your record entirely?
No — it changes the plea to not guilty and dismisses the case, but the arrest record still exists and shows up on certain government and law enforcement background checks.
Is expungement the same as record sealing in California?
No, they're different remedies. Expungement dismisses a conviction under Penal Code 1203.4, while sealing removes arrest records from public view under separate statutes.
Do you need a lawyer to file for expungement in California?
You can file the CR-180 and CR-181 forms yourself, but a contested petition or a felony case benefits from legal representation since the DA can object and force a hearing.
What disqualifies someone from getting an expungement in California?
Currently serving time for the underlying offense, being on active probation, and certain sex offense convictions generally disqualify a petition. Some serious felonies are also excluded by statute.
Does the Clean Slate Act automatically clear records without filing?
AB 1076 auto-clears many eligible misdemeanor and lower-level felony records without a petition, but not every case qualifies automatically. Check your DOJ record before assuming relief already happened.
One last thing
Most people assume the fastest path is filing the paperwork the day probation ends — but the DA's office in some counties routinely reviews the underlying restitution record first, and an unpaid balance is the single most common reason an otherwise-clean petition gets objected to in 2026. Confirm restitution is paid in full before you file, not after.
