Clearing A Record
Penal Code 1203.4 — dismissal after probation, and sealing an arrest
In California, a person who completed probation, was discharged from it early, or whom the court in its discretion finds deserving, may at any time after probation ends, if not then serving a sentence, on probation or charged with an offense, withdraw the guilty plea or have the verdict set aside and the case dismissed. The person is then released from all penalties and disabilities of the offense, with exceptions.
- The dismissal does not permit owning or possessing a firearm where the conviction barred it.
- It does not permit holding public office where the conviction barred it.
- In a later prosecution for another offense, the prior conviction may still be pleaded and proved.
- An unpaid restitution order or fine is not a ground for denying the petition.
A person convicted of a misdemeanor and not granted probation, or of an infraction, may ask for the same relief after one year from the judgment, where the sentence has been fully performed, the person is not serving a sentence or under a charge, and has lived an honest and upright life; the court may grant it in its discretion even where that last showing is not made.
An arrest that did not end in a conviction can be sealed on petition. A person arrested without a conviction may petition the court to seal the arrest and related records. An arrest did not result in a conviction where the limitations period has run with no charge filed, or where charges were filed and every one ended without a conviction. A petition is not available while charges can still be filed, for a charge with no limitations period unless the person was acquitted or found factually innocent, or where the person intentionally evaded prosecution.
A petition to seal an arrest is verified and filed at least 15 days before its hearing, and the Judicial Council's form is available in several languages. Where no charge was filed, a person may also petition the arresting agency to destroy its records on a finding of factual innocence, and a petition the agency and prosecutor leave unanswered for 60 days is deemed denied.
Sources for this section (4)
- Penal Code 1203.4 — Dismissal after probation
- Penal Code 851.91 — Petition to seal an arrest that did not result in a conviction
- Penal Code 1203.4a — Dismissal of a misdemeanor or infraction without probation
- Penal Code 851.8 — Sealing and destroying arrest records on a finding of factual innocence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.