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California: Adult Convictions (CA-C-2)
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).
For ineligible offenses, see Cal. Pen Code § 1203.4(a)(1).
The petition must be filed in the court. If the petitioner meets all the criteria, the court shall grant the petition. If the petitioner does not meet all the criteria, the court can, in its discretion, grant the petition. For the specific procedure, see Cal. Pen. Code § 1203.4a.
There is no statutory language regarding fees.
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 This statute will be repealed effective January 1, 2028.
An expungement form is available here.
The petition can be filed one year after the judgment.
