Jurisdiction
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| Clearance policy overview | Records relating to an arrest that did not result in conviction and for which the petitioner is factually innocent can be sealed by the court. After three years, the records of the arrest and notice of the sealing are destroyed. Cal. Pen. Code § 851.8(c). | Records relating to arrest and proceedings where no conviction was obtained can be sealed by the court without a waiting period. Cal. Pen. Code §851.91. | Records relating to certain drug offenses that have been decriminalized in sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4, are eligible for dismissal by the court. Cal. Health & Saf. Code § 11361.8. |
Records relating to a case for which the petitioner successfully completed probation or was granted an early termination of probation, pursuant to section 1203.3, can be set aside and dismissed by the court. Cal. Pen. Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028. |
Records relating to an offense committed by current and former military personnel sentenced to probation pursuant to section 1170.9 can be dismissed in accordance with section 1203.4. Cal. Pen. Code § 1170.9. | Records relating to a delinquency petition filed with juvenile court can be sealed any time after the person's 18th birthday or after five years or more have elapsed since the jurisdiction of the juvenile court regarding the person was terminated. Cal. Welf. & Inst. Code § 781(a)(1)(A). | Records relating to a matter that is dismissed following satisfactory completion of an informal program of supervision shall be sealed immediately. Cal. Welf. & Inst. Code § 786 (a). | Records relating to a matter that is dismissed following satisfactory completion of probation for any offense or probation under section 725 shall be sealed immediately. Cal. Welf. & Inst. Code § 786(a). | Records relating to any case where an accusatory pleading was filed but not sustained can be sealed upon petition at any time after dismissal of the proceeding, so long as the court finds that the person is factually innocent of the charges. Cal. Welf. & Inst. Code § 781.5(d). | If the person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a 707(b) offense that was committed after the person had reached 14 years old, a record relating to that 707(b) offense may be sealed if the person has reached 21 years old and has completed his or her period of probation supervision after release. Cal. Welf. & Inst. Code §781(a)(1)(D)(i)(I). | If the person was not committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a 707(b) offense that was committed after the person had reached 14 years old, a record relating to that 707(b) offense may be sealed if the person has reached 18 years old and has completed his or her period of probation supervision after release. Cal. Welf. & Inst. Code §781(a)(1)(D)(i)(II). | Records relating to a petition dismissed by the court, whether on the motion of the prosecution or on the court's own motion, or if the petition is not sustained by the court after an adjudication hearing, shall be immediately sealed by the court. Cal. Welf. & Inst. Code § 786(e). | An adjudication for a nonviolent offense, including but not limited to prostitution pursuant to section 647(b), may be vacated by the court if the offense was the direct result of being a victim of human trafficking. Cal. Pen. Code § 236.14. | Records relating to marijuana offenses decriminalized by the Control, Regulate and Tax Adult Use of Marijuana Act are dismissed, sealed, or redesignated by the court by July 1, 2020, unless the prosecution objects. Cal. Health & Saf. Code § 11361.9. |
Records relating to a misdemeanor conviction for which no probation was ordered, or records relating to an infraction can be set aside and dismissed by the court one year after the date of the judgement, provided the petitioner meets specified criteria. Cal. Pen. Code § 1203.4a(a). |
Records relating to a felony conviction can be set aside and dismissed by the court one year after sentence completion if the person was sentenced pursuant to section 1170(h)(5)(B). Cal. Pen. Code § 1203.41(a). Some felonies can be reduced to misdemeanors. Cal. Pen. Code § 17(b). |
Records relating to a felony conviction can be set aside and dismissed by the court two years after the completion of a sentence, if the person was sentenced pursuant to section 1170(h)(5)(A). Cal. Pen. Code § 1203.41(a). |
A conviction for a nonviolent offense, including but not limited to prostitution pursuant to section 647(b), can be vacated by the court if the offense was the direct result of being a victim of human trafficking. Cal. Pen. Code § 236.14. | Records relating to a conviction for solicitation or prostitution pursuant to section 647(b) can be dismissed following completion of any term of probation. Upon a showing of clear and convincing evidence that the conviction was a result of the petitioner being a victim of human trafficking, the court can dismiss the record. Cal. Pen. Code § 1203.49. | Records related to certain drug offenses under sections 11357 and 11360(b) in the Health and Safety Code are destroyed two years after the date of conviction or release from custody. Cal. Health & Saf. Code § 11361.5(a). |
| Ineligible Category or Citation | This section does not apply to offenses classified as infractions. Cal. Pen. Code § 851.8(n). | No offenses are categorically ineligible. But see limitations in Cal. Penal Code section 851.91(a)(2). | This section applies only to offenses under the Control, Regulate and Tax Adult Use of Marijuana Act, sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4 of Cal. Health & Saf. Code. |
The person must not be serving a sentence, on probation, or charged with any offense. See Cal. Pen Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028. |
See section 1170.9(h)(4)(B) for ineligible offenses. | The person is ineligible to have his or her record sealed under this section if, since the termination of jurisdiction in the matter, the he or she was convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). The following types of offenses or records are not eligible for sealing under this section: (a) certain serious offenses, if committed when the person was 14 years old or older, as listed in §707(b); (b) offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of such conviction would be a public record; and (c) juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to section 707.1. Cal. Welf. & Inst. Code § 781(a)(1)(D), (c), (f). | There is no statutory language regarding ineligible offenses. | The record will not be sealed if the offense is listed in subdivision (b) of section 707 and was committed when the person was 14 years of age or older, unless the finding was dismissed or reduced to a lesser offense that is not listed in subdivision (b) of section 707. Cal. Welf. & Inst. Code § 786(d). | There is no statutory language regarding ineligible offenses. | The person is ineligible for sealing under this section if, since the termination of jurisdiction in the matter, the person was convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). For records ineligible for sealing, see Cal. Welf. & Inst. Code § 781(a)(1)(D), (c), (f). | The person is ineligible for sealing under this section if, since the termination of jurisdiction in the matter, the person was convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). For a list of offenses ineligible for sealing, see Cal. Welf. & Inst. Code § 781(a)(1)(D), (c), (f). | There is no statutory language regarding ineligible offenses. | This section does not apply to any violent offense. Cal. Pen. Code § 236.14(a). | This section applies only to marijuana offenses decriminalized by the Control, Regulate and Tax Adult Use of Marijuana Act. Cal. Health & Saf. Code § 11361.9.Cal. Health & Saf. Code § 11361.8. |
For ineligible offenses, see Cal. Pen Code § 1203.4(a)(1). |
See Cal. Pen. Code section 1170(h)(3) for offenses ineligible for sentencing pursuant to section 1170(h)(5)(B). |
See Cal. Pen. Code section 1170(h)(3) for ineligible offenses. |
This section applies only to nonviolent offenses that were committed while the person was a victim of human trafficking. Cal. Pen. Code § 236.14(a). | Only offenses charged pursuant to Cal. Pen. Code section 647(b) are eligible. | See Cal. Health & Saf. §§ 11357, 11360(b) for eligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Automatic | Automatic | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | |
| Waiting Periods | The petition must be filed within two years of arrest. Cal. Pen. Code § 851.8(l). | The petition may be filed at any time. | The petition can be filed at any time. |
The petition can be filed upon fulfillment of the conditions of probation or discharge prior to the termination of the period of probation. |
There is no statutory language regarding waiting periods. | The petition can be filed after the person's 18th birthday or after five years have elapsed since the jurisdiction of the juvenile court regarding the person was terminated. Cal. Welf. & Inst. Code § 781(a)(1)(A). | The records should be sealed immediately following dismissal of the petition. | The records should be sealed immediately following dismissal of the petition. | The petition can be filed any time after the case was dismissed. | The petition may be filed any time after the person reaches age 21 and is no longer on probation. | The petition may be filed any time after the person reaches age 18 and is no longer on probation. | The records should be sealed immediately following dismissal of the petition. | The petition must be filed within a reasonable time period after the petitioner has ceased to be a victim of human trafficking, or within a reasonable time period after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable safety concerns. Cal. Pen. Code § 236.14(l). | There is no waiting period. |
The petition can be filed one year after the judgment. |
The petition can be filed one year after sentence completion. |
The petition can be filed two years after sentence completion. |
The petition must be filed within a reasonable time period after the petitioner has ceased to be a victim of human trafficking, or within a reasonable time period after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable safety concerns. Cal. Pen. Code § 236.14(l). | There is no statutory language regarding waiting periods. | The records are destroyed two years after date of conviction or release from custody. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
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There is no statutory language regarding fees. |
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There is no statutory language regarding fees. |
There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The law enforcement agency issues the petitioner a written declaration that he or she is factually innocent of the charges and is exonerated. The arrest is deemed not to have occurred and the person can answer any question about the arrest accordingly. Cal. Pen. Code § 851.8(f). | The arrest is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest, except as provided in Cal. Penal Code sections 851.91(e)(2)(B) and 851.92. | The court can dismiss the charge or resentence the petitioner. If the offense is resentenced as a lesser offense, it shall be considered the lesser offense for all purposes. Cal. Health & Saf. Code § 11361.8(h). |
Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028. The state summary criminal history repository system is prohibited from disclosing state criminal history information that have been dismissed or set aside, whether automatically or by petition, in response to certain requests for background information to be used in fulfilling employment, certification, or licensing duties. Cal Pen Code § 11105(b) & (p)(2)(A). Commencing on August 1, 2022, the court shall not disclose information concerning a conviction granted relief pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 to any person or entity, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92. Cal Pen Code § 11105 (p)(2)(A). |
The defendant is not obligated to disclose the arrest on the dismissed action, the dismissed action, or the conviction that was set aside. The court can, in its discretion, order the sealing of police records of the arrest and court records of the dismissed action. Cal. Pen. Code § 1170.9(h)(4)(C), (D). | The following records are eligible for sealing: records relating to the person's case that are in the custody of the juvenile court, probation officer, or any other agencies, including law enforcement agencies, entities, and public officials who have custody of the records named in the petition. Cal. Welf. & Inst. Code § 781(a)(1)(A). Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person can reply accordingly to any inquiry about the events related to the sealed records. Cal. Welf. & Inst. Code § 781(a)(1)(A). | Upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition can reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(b). The person whose record is sealed under this section can ask the court to order the sealing of a record pertaining to a case that is in the custody of a public agency and that was not subject to the automatic sealing order. The court will grant the request and order the public agency record to be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the person. Cal. Welf. & Inst. Code § 786(e)(2). For a list of circumstances in which a record that is sealed under this section can be accessed, inspected, or utilized, see Cal. Welf. & Inst. Code § 786(f). | The court shall order the sealing of all records pertaining to the dismissed petition that are in the custody of the juvenile court, law enforcement agencies, the probation department, or the Department of Justice. Cal. Welf. & Inst. Code § 786(a). The proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition can reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(b). The person whose record is sealed under this section can ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency that was not subject to the automatic sealing order. The court will grant the request and order the public agency record to be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the person. Cal. Welf. & Inst. Code § 786(e)(2). For a list of circumstances in which a record that is sealed under this section may be accessed, inspected, or utilized, see Cal. Welf. & Inst. Code § 786(f). | Upon a determination that the minor is factually innocent, the records shall be sealed for three years after the arrest or citation; and thereafter the records will be destroyed. Cal. Welf. & Inst. Code § 781.5. Destruction of records of arrest or citation pursuant to this section shall be accomplished by permanent obliteration of all entries or notations upon those records pertaining to the arrest or citation, and the record shall be prepared again so that it appears that the arrest or citation never occurred. Cal. Welf. & Inst. Code § 781.5(j). For specific effects, see Cal. Welf. & Inst. Code § 781.5. | The following records are eligible for sealing: all records, papers, and exhibits in the person's case in the custody of the juvenile court, including the juvenile court record, minute book entries, and entries on dockets; and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Cal. Welf. & Inst. Code § 781(a)(1)(A). Once the court orders the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. Cal. Welf. & Inst. Code § 781(a)(1)(A). A record sealed according to this subsection can be accessed, inspected, or utilized by a prosecuting attorney, probation department, juvenile court, or a court of criminal jurisdiction for certain specified purposes. Cal. Welf. & Inst. Code § 781(a)(1)(D)(ii), (iii). | The following records are eligible for sealing: all records, papers, and exhibits in the person's case in the custody of the juvenile court, including the juvenile court record, minute book entries, and entries on dockets; and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Cal. Welf. & Inst. Code § 781(a)(1)(A). Once the court orders the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. Cal. Welf. & Inst. Code § 781(a)(1)(A). A record sealed according to this subsection can be accessed, inspected, or utilized by a prosecuting attorney, probation department, juvenile court, or a court of criminal jurisidiction for certain specified purposes. Cal. Welf. & Inst. Code § 781(a)(1)(D)(ii), (iii). | The following records are eligible for sealing: all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Cal. Welf. & Inst. Code § 786(e). Once the court orders the person's records sealed, it must also specify a date by which the sealed records shall be destroyed. Cal. Welf. & Inst. Code § 786(e). Once the court orders the person's records sealed, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, education institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(e), (b). A record sealed according to this subsection can be accessed, inspected, or utilized by a prosecuting attorney, probation department, juvenile court, or a court of criminal jurisdiction for certain specified purposes. Cal. Welf. & Inst. Code § 786(g). | The arresting agency must destroy its records of the arrest. A person whose adjudication has been vacated pursuant to this section may lawfully deny or refuse to acknowledge the arrest and adjudication. Cal. Pen. Code § 236.14(k),(o). | The records are dismissed, sealed, or re-designated. |
Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028. |
Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.41(b). The state summary criminal history repository system is prohibited from disclosing state criminal history information that have been dismissed or set aside, whether automatically or by petition, in response to certain requests for background information to be used in fulfilling employment, certification, or licensing duties. Cal Pen Code § 11105(b) & (p)(2)(A). Commencing on August 1, 2022, the court shall not disclose information concerning a conviction granted relief pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 to any person or entity, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92. Cal Pen Code § 11105 (p)(2)(A). |
Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.41(b). The state summary criminal history repository system is prohibited from disclosing state criminal history information that have been dismissed or set aside, whether automatically or by petition, in response to certain requests for background information to be used in fulfilling employment, certification, or licensing duties. Cal Pen Code § 11105(b) & (p)(2)(A). Commencing on August 1, 2022, the court shall not disclose information concerning a conviction granted relief pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 to any person or entity, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92. Cal Pen Code § 11105 (p)(2)(A). |
The arresting agency must destroy its records of the arrest. A person whose conviction has been vacated pursuant to this section can lawfully deny or refuse to acknowledge the arrest and conviction. Cal. Pen. Code § 236.14(k),(o). | Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.4(a)(1). The state summary criminal history repository system is prohibited from disclosing state criminal history information that have been dismissed or set aside, whether automatically or by petition, in response to certain requests for background information to be used in fulfilling employment, certification, or licensing duties. Cal Pen Code § 11105(b) & (p)(2)(A). Commencing on August 1, 2022, the court shall not disclose information concerning a conviction granted relief pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 to any person or entity, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92. Cal Pen Code § 11105 (p)(2)(A). | Destruction of the records is accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record is prepared again so that it appears that the arrest or conviction never occurred. Cal. Health & Saf. Code § 11361.5(c). The record is not considered accurate, relevant, timely or complete for any purposes by any agency or person. Cal. Health & Saf. Code § 11361.7. |
| Remedy | Delete | Seal | Dismiss | Dismiss | Dismiss | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Vacate | Seal | Dismiss | Dismiss | Dismiss | Vacate | Dismiss | Delete |
