Arrests, criminal charges, and convictions on a criminal history record can create long-term barriers to employment, housing, professional licensing, and educational opportunities.

Even when charges were dismissed or probation was successfully completed, unsealed police records and unexpunged court convictions remain publicly accessible on background checks.

California law offers two primary statutory mechanisms to clear or hide criminal records: conviction expungement under Penal Code 1203.4 PC and arrest record sealing under Penal Code 851.91 PC.

While both remedies reduce public access to past law enforcement contacts, they apply to different procedural stages of a criminal case, require distinct legal petitions, and carry different long-term statutory outcomes.

Legal Definitions: Expungement & Record Sealing

California statutes establish distinct definitions for post-conviction relief and pre-conviction record sealing:

• California Penal Code Section 1203.4(a)(1) PC (Expungement) provides: "In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation... the defendant shall, at any time thereafter, be allowed by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty... the court shall thereupon dismiss the accusations or information against the defendant."

• California Penal Code Section 851.91(a) PC (Arrest Record Sealing) provides: "A person who has suffered an arrest that did not result in a conviction may petition the court to have the seal of the arrest record ordered as a matter of right... If the court issues an order to seal an arrest record, the arrest shall be deemed not to have occurred."

• California Penal Code Section 851.92(a) PC defines the legal effect of sealing: "The record of arrest shall be sealed for all purposes, and shall not be released to any person or entity, except as authorized by law... The arrest record shall not be distributed to any private background check company."

Expungement (PC 1203.4) vs. Record Sealing (PC 851.91) Comparison

Although both forms of post-conviction and arrest relief remove obstacles on background checks, their statutory scope and visibility differ substantially:

Penalties, Limitations, and Consequences of Record Relinquishment Failure

Failing to petition for expungement or record sealing leaves an individual exposed to continuous background check scrutiny and statutory limitations under California law:

• Un-Expunged Conviction Record: Uncleared misdemeanor or felony convictions remain visible to all public and private background search agencies indefinitely, resulting in employment rejections, lease denials, and professional licensing obstacles.

• Limitations of PC 1203.4 Expungement: An expunged conviction does not restore lost firearm rights under PC 29800, does not relieve sex offender registration under PC 290, does not erase DMV license suspensions, and can still be used as a prior offense enhancement in future criminal prosecutions.

• Unsealed Arrest Records: Arrests without convictions remain visible on public court indexes and commercial background databases, creating the false impression of criminal activity unless formally sealed under PC 851.91.

• Disqualification & Ineligibility Risks: Ineligible offenses—such as felony child pornography, certain violent felony strikes, or PC 290 registrable offenses—cannot be expunged or sealed, exposing non-qualifying individuals to permanent disclosure of their records.

Hypothetical Examples

• Example 1 (Arrest Without Charges Filed): A person is arrested on suspicion of grand theft, but prosecutors decline to file formal charges due to insufficient evidence. Under PC 851.91, the individual petitions the court to seal the arrest record as a matter of right, rendering the arrest completely invisible on future pre-employment screenings.

• Example 2 (Misdemeanor Conviction Expungement): A driver completes summary probation and pays all court fines following a misdemeanor DUI conviction under VC 23152. Under PC 1203.4, defense counsel files a motion to allow the driver to withdraw their original guilty plea and obtain a dismissal from the court.

• Example 3 (Automatic Sealing Under Clean Slate SB 731): Four years after completing a nonviolent felony sentence and probation without any new arrests, a job applicant's record is automatically sealed from general public employment view under California's Clean Slate Act (Senate Bill 731).

Related California Laws

California's record-clearing statutes interact with several key Penal and Labor Code provisions:

• California Penal Code § 1203.4a PC: Governs expungement relief for misdemeanor convictions where probation was not granted (e.g., cases resulting in direct fine payments or county jail sentences).

• California Penal Code § 851.8 PC: Allows individuals to petition for record sealing based on "factual innocence," requiring proof that no reasonable cause existed for the arrest.

• California Labor Code § 432.7: Prohibits California employers from asking about, considering, or utilizing sealed arrest records or expunged convictions when making hiring or promotion decisions.

• California Senate Bill 731 (Clean Slate Law): Mandates automatic state-level record sealing for eligible nonviolent felony convictions four years after sentence completion, and one year for qualifying misdemeanors.

Why Related Charges Matter: Eligibility for record relief depends directly on how the underlying case was formally charged and resolved. If a defendant was originally arrested for an ineligible violent offense but negotiated a plea to a non-striking, non-violent misdemeanor, the charge structure determines whether relief under PC 1203.4 or PC 851.91 is available immediately upon completion of probation or is restricted under state law.

Frequently Asked Questions (FAQs)

What is the difference between expunging and sealing a record?

Expungement under PC 1203.4 applies to criminal convictions, changing the record to reflect a court dismissal. Record sealing under PC 851.91 applies to arrests that did not result in a conviction, thereby hiding the arrest entirely from public background checks.

Can a criminal conviction be completely erased or destroyed in California?

No. California does not offer "true expungement," in which records are physically shredded or erased. Expunged convictions remain in court archives updated as "Dismissed," while sealed arrest records are hidden from public view.

Who qualifies for expungement under Penal Code 1203.4 PC?

Individuals who have completed probation or sentence requirements, paid all court-ordered restitution and fines, and are not currently facing active criminal charges or serving a sentence qualify for expungement.

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

Anyone who suffered an arrest that did not result in a criminal conviction—including cases where charges were never filed, charges were dismissed in court, or the defendant was acquitted at trial—qualifies to petition for sealing.

What is California's Clean Slate Law (SB 731)?

Senate Bill 731 expanded automatic record sealing in California, automatically hiding qualifying misdemeanor records (1 year after sentence completion) and nonviolent felony records (4 years after sentence completion) from public view.

Can private employers see expunged or sealed records in California?

No. Under California Labor Code 432.7, private employers are legally prohibited from seeking, considering, or evaluating expunged convictions or sealed arrest records during the hiring process.

Are all crimes eligible for sealing or expungement in California?

No. Certain serious offenses—including registrable sex offenses under PC 290, child pornography violations, felony domestic violence strikes, and infractions—are statutorily excluded from standard record relief.

Why should someone hire a record-clearing lawyer?

An experienced defense attorney evaluates statutory eligibility, drafts precise petitions under PC 1203.4 or PC 851.91, serves the prosecution, addresses district attorney objections, and represents you at formal court hearings.

Speak With a Record Clearing Attorney

A past criminal arrest or conviction does not have to restrict your career, housing choices, or professional growth. Petitioning for expungement under Penal Code 1203.4 PC or arrest record sealing under Penal Code 851.91 PC allows you to clear your background and protect your future.

The legal team at Esfandi Law Group evaluates your complete criminal record history, prepares all statutory court filings, and represents you through every phase of the court petition process. Contact us to schedule a free, confidential legal consultation.

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