California Record Clearing Lawyers

Many people are surprised to learn that criminal records can continue affecting their lives long after a case has ended.

Arrests, criminal charges, and convictions may appear on background checks used by employers, landlords, licensing agencies, and educational institutions.

Even if a person completed probation, had charges dismissed, or was never convicted, a criminal or arrest record may still create obstacles for employment, housing, professional licensing, and other important opportunities.

California law provides several forms of record-clearing relief, including expungement under California Penal Code Section 1203.4 and record sealing under Penal Code Section 851.91.

While these terms are often used interchangeably, expungement and sealing are different legal processes with different requirements and outcomes.

Understanding the difference between expunging and sealing a record is important for anyone seeking to remove criminal history information from public view and move forward with a clean slate.

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What Is Expungement in California?

Expungement is a legal process that allows eligible individuals to petition the court to dismiss a criminal conviction after successfully completing probation or other sentencing requirements.

In California, expungement is governed by Penal Code Section 1203.4.

If the court grants expungement relief, the conviction is changed to reflect that the case was dismissed under Penal Code 1203.4.

Although California does not offer a “true expungement” that completely destroys the record, an expungement can still provide substantial benefits by improving employment opportunities and reducing the impact of a criminal conviction.

How Expungement Works

Expungement typically applies when:

• A person pleaded guilty or no contest
• The individual completed probation successfully
• The defendant complied with court requirements
• The person is not currently charged with another offense

After filing a petition, the court may allow the defendant to withdraw the guilty plea and enter a not guilty plea before dismissing the case.

Once granted, the record may show that the conviction was dismissed under Penal Code 1203.4 instead of remaining as an active conviction.

Benefits of Expungement

Expungement may help individuals:

• Improve employment opportunities
• Reduce barriers during background checks
• Apply for professional licenses
• Move forward after completing probation
• Demonstrate rehabilitation

However, expunged convictions may still be visible to certain government agencies and courts under specific circumstances.

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What Is Record Sealing in California?

Record sealing is different from expungement because sealing hides records from public view rather than dismissing a conviction.

Under California Penal Code Section 851.91, individuals may petition to seal arrest records when an arrest did not result in a conviction.

When a record is sealed, the law generally treats the arrest as though it never occurred.

This means the record is no longer publicly accessible through most background checks.

How Record Sealing Works

Record sealing may apply when:

• An arrest did not lead to criminal charges
• Charges were dismissed
• The individual was found not guilty
• A case resolved through certain diversion programs
• There was no criminal conviction resulting from the arrest

Once sealed, records relating to the arrest or detention are removed from public access.

However, certain government agencies and law enforcement entities may still access sealed records in limited situations.

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Key Differences Between Expungement and Sealing

Although both forms of relief help reduce the impact of criminal records, they operate differently under California law.

Expungement

Expungement applies to criminal convictions after probation or sentencing requirements are completed. The conviction remains part of the court history but is updated to show dismissal under Penal Code 1203.4.

Record Sealing

Record sealing generally applies to arrests that did not result in conviction. Sealing hides the arrest from public view and allows the individual to legally state in many situations that the arrest did not occur.

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California's Approach to Criminal Record Relief

California does not provide “true expungement” in the traditional sense because records are not completely destroyed.

Instead, California focuses on:

• Expungement relief under Penal Code 1203.4
• Arrest record sealing under Penal Code 851.91
• Automatic record sealing under Clean Slate laws
• Rehabilitation-based relief

This approach reflects California's emphasis on rehabilitation and reducing barriers for individuals seeking employment and housing after involvement with the criminal justice system.

What Is California's Clean Slate Law?

California's Clean Slate Law, Senate Bill 731, expanded automatic record sealing protections beginning July 1, 2023.

Under the law, certain arrest and conviction records may be automatically sealed after individuals complete sentencing requirements and remain conviction-free for a specified period.

Generally:

• Misdemeanor convictions may be sealed one year after completion of the sentence
• Certain felony convictions may be sealed four years after completion of the sentence
• Arrests without charges may qualify for automatic sealing

However, some serious offenses remain ineligible for sealing.

Crimes That May Not Qualify for Sealing

Certain serious offenses may not qualify for automatic sealing or petition-based relief.

Ineligible offenses may include:

• Certain sex crimes
• Child pornography offenses
• Arson
• Murder
• Serious violent felonies

Eligibility depends on the specific offense and California law.

Why Record Clearing Matters

Criminal and arrest records can create long-term challenges even years after a case ends.

Background checks may affect:

• Employment opportunities
• Housing applications
• Professional licensing
• College admissions
• Immigration matters
• Reputation and personal relationships

Obtaining expungement or sealing relief may help individuals move forward with fewer barriers.

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Related California Laws

California Penal Code Section 1203.4

Penal Code Section 1203.4 governs expungement relief for eligible criminal convictions after successful completion of probation or sentencing conditions.

California Penal Code Section 851.91

Penal Code Section 851.91 allows eligible individuals to petition the court to seal arrest records when the arrest did not result in conviction.

California Penal Code Section 851.92

Penal Code Section 851.92 outlines procedures and legal effects relating to sealed arrest records in California.

California Senate Bill 731

Senate Bill 731 expanded California's automatic record sealing protections through the state's Clean Slate Law.

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Example Record Sealing Scenario

Example: Arrest Without Conviction

A person is arrested in Los Angeles for suspected theft, but prosecutors later decline to file criminal charges due to insufficient evidence.

Even though there was no conviction, the arrest continues appearing on background checks and creates employment difficulties.

The individual petitions the court under Penal Code Section 851.91 to seal the arrest record. After reviewing the case, the court grants the petition and seals the arrest from public view.

As a result, the individual experiences fewer barriers when applying for employment and housing.

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Frequently Asked Questions 

What is the difference between expungement and sealing a record?

Expungement generally applies to criminal convictions and allows eligible individuals to have their convictions dismissed after completing probation or other sentencing requirements. Record sealing typically applies to arrests that did not result in a conviction and removes those records from public view.

Can a criminal conviction be completely erased in California?

California does not provide true expungement that completely destroys criminal records, but expungement and record sealing laws may still help reduce the impact of criminal history by limiting public access to certain records.

Who qualifies for expungement under Penal Code 1203.4?

Individuals who successfully completed probation or complied with sentencing requirements may qualify for expungement relief under California Penal Code Section 1203.4, provided they are not currently facing new criminal charges.

Who qualifies to seal an arrest record under Penal Code 851.91?

Individuals whose arrest did not result in a conviction may qualify to petition the court to seal the arrest record under California Penal Code Section 851.91.

What is California's Clean Slate Law?

California's Clean Slate Law expanded automatic record sealing protections for eligible individuals who complete sentencing requirements and remain conviction-free for a specified period of time.

Can employers see expunged or sealed records?

Sealed records are generally removed from public view and typically do not appear on most background checks, while expunged convictions may still be visible to certain government agencies or licensing entities in limited situations.

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Are all crimes eligible for sealing or expungement?

No. Certain serious offenses, including some violent crimes and sex offenses, may not qualify for sealing or expungement relief under California law.

Why should someone hire a record-clearing lawyer?

An experienced record-clearing lawyer can evaluate eligibility, prepare petitions, ensure compliance with court requirements, and increase the likelihood of obtaining expungement or record-sealing relief in California.

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