I’m on Parole or Probation

Can I Expunge My Record?

Record Cleaning in California: What You Need To Know

What is Record Cleaning?

Record cleaning (also called expungement) removes old arrests or convictions from public view, so most employers and landlords can’t see them, though some may still show up on background checks. Some records are cleaned automatically, while others require you to file a petition with the court.

You might qualify if you answer NO to all these questions and your record meets the requirements below.

Do you:

• Have any pending criminal charges?
• Have an active sentence or are currently on probation, parole, or supervision?
• Have a conviction that requires you to register as a sex offender in California?
• Have a serious or violent felony that sent you to state prison?

If you answered NO to all of the above, then these types of records may be cleaned automatically:

• Arrests that did not lead to a conviction
• Misdemeanor convictions (after sentence is complete)
• Felony convictions with probation (after probation ends successfully)
• Non-serious, non-violent felonies (after 4 years with no new convictions)
• Marijuana convictions eligible under Prop. 64

No paperwork needed. It happens automatically through the state if you are eligible.

I Don’t Qualify For Automated Relief. What Can I Do?

You can still ask the court to clean your record. You’ll need to fill out and submit a form, called a petition. A public defender or legal aid office can help.

Do I Qualify To Get My Record Clean By Filing A Petition With The Court?

You qualify to file a petition to clean your record if:

• You have finished your sentence.
• You are not on parole, probation, or supervision.
• You are not facing new charges.
• You are on parole or PRCS and served in a fire camp or firehouse and are applying under Penal Code § 1203.4b.

If you meet these rules, then these types of records might be cleaned:

• Most records eligible for automated relief are also eligible to be cleaned by petition.
• Most records, including serious or violent felonies, 2+ years after sentence is done.

What Does It Mean To Have My Record Cleaned?

• Your court and RAP sheet records show the arrest or conviction was cleaned.
• Most employers and landlords won’t see it.
• You usually don’t need to disclose it on job or housing applications, and cleaned records should not appear on most standard tenant screenings.
• Some state agencies (like for caregiving, education, or state licensing) may still see it.
• Private background check companies must remove cleaned records from their reports.
• Cleaned records will not show up in a LiveScan report, except it will show up to banks, law enforcement, education officials, or jobs in finance or caregiving (children, elderly and other vulnerable populations).
• Cleaned records are hidden but not deleted, and will still show up on federal or law enforcement background checks.

How Do I Check My Record?

• Get your RAP sheet from the California DOJ using a Live Scan fingerprinting. Fee waivers are available.
• Ask the court. Start with the county court’s website or call the Court Clerk where your case was filed.
• Run a background check on yourself through a private company.

How Long Does It Take?

• Automated relief happens monthly at the CADOJ and courts may take several months to reflect the changes on your RAP Sheet and court records.
• Petitions may take several months to decide, depending on case complexity and court schedule.

How Long Does It Take?