A past criminal conviction or arrest in California can create severe, lifelong obstacles to employment, housing, state professional licensing, and immigration status. California statutory law provides several robust post-conviction relief mechanisms allowing individuals to expunge past convictions under Penal Code Section 1203.4, seal uncharged arrest records under Penal Code Section 851.87, and benefit from automated Clean Slate relief under Senate Bill 731.
Penal Code Section 1203.4: Petition for Dismissal (Expungement)
An expungement under California Penal Code Section 1203.4 releases an individual from "all penalties and disabilities" resulting from the conviction. Upon approval, the court permits the petitioner to withdraw their guilty or no-contest plea (or sets aside a guilty verdict), enters a plea of not guilty, and formally dismisses the underlying accusatory pleading.
Eligibility Requirements for PC 1203.4 Relief:
- Successfully completed probation for the offense (or obtained early termination of probation under PC 1203.3).
- Paid all court-ordered fines, restitution, and administrative fees.
- Not currently serving a sentence for any offense, on probation for another offense, or facing new pending criminal charges.
- The conviction did not result in serving time in California state prison (unless the offense was made eligible under Realignment AB 109 / PC 1203.41 or PC 1203.42).
Arrest Record Sealing under Penal Code Section 851.87 & 851.91
When an individual is arrested but no criminal charges are filed, or when charges are dismissed before trial, the arrest record still appears on California Department of Justice (DOJ) background checks unless formally sealed.
- PC 851.87 (Sealing Following Pretrial Diversion): Individuals who successfully complete a diversion program (such as PC 1000 or PC 1001.95) are entitled to have their arrest record sealed and destroyed as a matter of right.
- PC 851.91 (Consumer Arrest Sealing): Seals arrest records when the statute of limitations has expired without charges, or following a full acquittal at trial, prohibiting public employers and private background check agencies from viewing or inquiring about the arrest.
- PC 851.8 (Finding of Factual Innocence): The most comprehensive remedy, ordering the physical destruction of all police reports, fingerprints, and booking photographs upon establishing that no reasonable cause existed to believe the arrestee committed the offense.
California Clean Slate Reforms: SB 731 & AB 1076
Under landmark California legislation (SB 731 and AB 1076), the California Department of Justice is required to automatically seal conviction and arrest records for qualifying individuals who have completed their probation or county jail sentence and remained free of new convictions for a statutory period (generally 2 to 4 years).
While automated relief is statutory, administrative processing backlogs in Sacramento mean that filing an expedited direct petition under PC 1203.4 in the local Superior Court remains the fastest and most reliable path for individuals seeking immediate professional licensing clearance or job verification.
Certificates of Rehabilitation & Governor's Pardons
For individuals convicted of state prison felonies who are ineligible for standard PC 1203.4 expungements, a Certificate of Rehabilitation (PC 4852.01) provides a court-ordered declaration that the petitioner is fully rehabilitated. The certificate operates as an automatic application for a formal California Governor's Pardon, restoring full civil liberties and professional standing.