Can I Expunge My Criminal Record in California?

Having a criminal record can affect far more than a single moment in your past. It can impact employment, housing, professional licensing, and even personal confidence. Many people wonder whether expungement is possible and, just as importantly, whether they personally qualify. In California, expungement can be a powerful tool, but it does not apply to every case. Understanding what convictions qualify and what do es not is the first step toward moving forward. 

What Is Expungement in California?

Expungement is a legal process that allows certain criminal convictions to be dismissed from your record after you have completed probation and met specific requirements.

When a conviction is expunged:

• The guilty plea or verdict is withdrawn
• A not guilty plea is entered
• The case is dismissed by the court 

While expungement does not erase a record entirely, it can significantly improve how that record appears to employers and others conducting background checks. 

Who Is Eligible for Expungement? 

Eligibility depends on the type of offense and how the case was resolved.

You may qualify for expungement if: 

• You were convicted of a misdemeanor or certain felonies
• You successfully completed probation
• You are not currently charged with a new offense
• You are not serving a sentence for another crime 

In many cases, the court also considers whether you complied with all probation terms, including fines, classes, or community service. 

What Types of Cases Usually Qualify? 

Commonly eligible cases include: 

• Misdemeanor convictions
• Certain nonviolent felony convictions
• Cases where probation was granted instead of state prison 

Each case is unique, and eligibility depends on the specific charges and outcome. 

What Does Not Qualify for Expungement? 

Not all convictions can be expunged under California law.

Expungement is generally not available for: 

• Serious violent felonies
• Certain sex offenses involving minors or requiring registration
• Cases where a state prison sentence was imposed
• Ongoing or unresolved criminal cases 

However, even if expungement is not available, other forms of post-conviction relief may still exist. 

Does Completing Probation Automatically Expunge My Record? 

Completing probation does not automatically remove or dismiss a conviction but AB 1076 (2021) and SB 731 (July 2023) allow certain convictions to be automatically expunged by the DOJ in California. These laws require that the DOJ review eligible convictions and automatically expunge certain criminal records in California.

However, expungement generally requires: 

• Filing a petition with the court
• Notifying the prosecution
• Court review and approval 

Some cases may require a hearing, while others can be resolved without one. The process varies depending on the county and the details of the case. 

What Happens After a Record Is Expunged? 

After expungement: 

• You may legally state that you have not been convicted of that offense in most private employment situations
• The conviction should not appear the same way on standard background checks
• The court record will reflect a dismissal 

There are important exceptions. Expunged convictions may still be visible for: 

• Government or law enforcement positions
• Professional licensing
• Immigration matters
• Future criminal cases 

Understanding these limits is critical before relying on expungement alone. 

How Long Does the Expungement Process Take? 

The timeline varies, but many expungement cases are resolved within a few months.

Factors that can affect timing include:

• Court backlog
• Whether a hearing is required
• Completeness of court records
• County-specific procedures

An attorney can help ensure paperwork is filed correctly and efficiently. 

Why Legal Guidance Matters 

While some people attempt expungement on their own, mistakes or incomplete filings can lead to delays or denials.

Working with an attorney can help:

• Confirm eligibility before filing
• Identify alternative relief options if needed
• Present the strongest possible petition
• Reduce unnecessary stress 

Moving Forward After Expungement 

Expungement can open doors, but it is also about peace of mind. Clearing or dismissing a conviction allows many people to move forward without being defined by a past mistake. If you are unsure whether your record qualifies for expungement, speaking with an attorney can provide clarity and direction based on your specific circumstances. 

At Gallagher & Al-Najjar LLP, we value every client relationship. We take the time to understand your business, your family, and your vision for the future. We guide our clients through every stage of the process.