Source review: September 29, 2026. Information only, not legal advice.
California record cleaning
California record cleaning depends on whether the record is an arrest without conviction, a conviction that may qualify for dismissal, or a record covered by automatic relief. California Courts says true expungement does not exist in the state. A dismissed conviction may still appear for some purposes. Verify your disposition and official record before choosing a form.
What does a California dismissal actually do?
Penal Code sections 1203.4 and 1203.4a provide different dismissal routes based on probation and sentence history. A court order can change how a conviction is treated, but it does not destroy every record or end every reporting obligation. The California Courts self-help guide starts with questions about the person's actual court history because the correct route varies.
How is an arrest without conviction handled?
California Courts has a distinct arrest-with-no-conviction pathway. Some arrests may qualify for sealing; factual-innocence relief is a different, more demanding issue. Check the reason the case ended, any pending charge, and the court's instructions. Do not put an arrest-sealing request on a conviction-dismissal form merely because both are called “record cleaning.”
Does Penal Code 851.93 automatically clear an arrest?
Penal Code §851.93 directs the Department of Justice to review state records monthly and grant arrest-record relief without a petition when the electronic data establish a qualifying ground. The section covers certain misdemeanor dismissals, uncharged arrests after different arrest-based periods depending on offense, acquittals and specified diversion outcomes. It applies to arrests on or after January 1, 1973 and is operative from October 1, 2024 subject to appropriation. Criminal-justice access and other statutory exceptions remain; relief does not stop a lawful prosecution within the limitations period. A dismissal alone does not prove that the state repository processed the record.
What did AB 1076 change for convictions?
The original AB 1076 launched automatic-relief policy, but today's operative criteria should be read in current Penal Code §1203.425, not a 2019 bill summary. The statute directs monthly review for eligible conviction records, conditioned on what the state record shows about supervision, sentence and pending charges, among other limits. A record that may qualify is not proof the state granted relief. Check the actual record and the California Courts guide before paying or filing for relief that may already have been applied.
How do you prepare a petition?
- Get the docket and final disposition for each case. Note probation, sentence completion and any pending charge.
- Follow the California Courts record-cleaning guide to select a route and check the court's local instructions.
- For a dismissal petition, review the official Judicial Council CR-180 form and its instructions. Do not sign a factual declaration that you cannot verify.
- Confirm any filing cost, waiver, service and hearing requirement with the court where the case was heard. Fees and procedures vary.
What does RecordReset provide?
The screener offers a preliminary “may match, needs review” result, not a legal determination. RecordReset's California petition drafts are paused for legal and form review and are not fit for filing; it does not file or offer attorney review.
California record-clearing law includes Cal. Penal Code §§ 1203.4, 1203.4a, 17(b), 851.8, 851.91, 1170.18, and the Clean Slate Act (AB 1076 / SB 731). The information here is a summary and not a substitute for review by a licensed California attorney.
Questions people ask
Does California expungement erase a conviction?
No. What is often called expungement is usually a dismissal or set-aside; California Courts says true expungement does not exist in California. Some records remain available for specific purposes.
What is form CR-180?
CR-180 is the California Judicial Council Petition for Dismissal. The correct relief, related declarations, service and local filing requirements depend on the case and court.
Can an arrest without conviction be sealed?
California Courts describes a separate arrest-record sealing process. Dismissal of a conviction and sealing an arrest with no conviction are not the same petition.
Should you file if relief might have been automatic?
First check your official record and the California Courts instructions. Automatic relief has exceptions and implementation details; the passage of time alone does not prove a record has been changed.
RecordReset is a self-help legal information service, not a law firm. A screening can only say a case may match published rules and needs review. A court or agency determines relief. RecordReset does not file cases or offer attorney review; paid enrollment and draft PDFs are paused for legal and form review.