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California Expungement Attorneys

California Clean Slate Law, Explained

What automatic relief covers, when you still need a petition, and how to check your RAP sheet — in plain English.

  • Automatic Clean Slate (no court date)
  • PC § 1203.4 dismissal after probation
  • Petition sealing when Clean Slate misses you
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Relief paths

Three ways California clears a record

California does not “erase” history. It uses these three tools.

Path 1 · Automatic

Clean Slate relief

DOJ reviews databases every month. If you qualify, relief happens with no petition and no hearing.

  • Arrest-only records
  • Many misdemeanors
  • Many probation felonies
  • Some prison felonies after 4 years

PC §§ 851.93 & 1203.425 · AB 1076 / SB 731

Path 2 · Petition

Dismissal (expungement)

After probation, the court can dismiss the case. This is the classic California “expungement.”

  • File in county of conviction
  • Common for jobs & licensing
  • Often paired with PC § 17(b) reduction

PC § 1203.4

Path 3 · Petition

Record sealing

For cases Clean Slate leaves behind. Limits what private employers and landlords usually see.

  • Older felony histories
  • Fills automatic-relief gaps
  • Courts & police still retain access

PC § 1203.41

David M. Lehr, Lead Attorney

Lead attorney

David M. Lehr

Post-conviction relief across California — Clean Slate checks, dismissals, reductions, and sealing.

  • Starts with the RAP sheet, not a guess
  • Maps automatic vs petition cases
  • Files in the county of conviction
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Eligibility

Who automatic relief usually reaches

You generally need to be off sentence, off supervision, and clear of pending charges — plus one category below.

Usually included

  • Infractions & misdemeanors after the wait period
  • Felony + completed probation
  • Many non-serious / non-violent prison cases after 4 years with no new felony
  • Arrests that never became convictions

Usually not automatic

  • Serious felonies (PC § 1192.7(c))
  • Violent felonies (PC § 667.5(c))
  • PC § 290 registration offenses
  • Active sentence, supervision, or pending charges

Not automatic ≠ no options. Many of these still need a petition under § 1203.4 or § 1203.41.

What changes

Jobs, housing, and the hard limits

Background checks

Most private employer and landlord checks stop reporting a relieved case.

Fair Chance hiring

Most employers can’t ask about convictions until after a conditional offer.

Still limited

Courts and police still see it. Guns and some licenses usually aren’t restored by dismissal alone.

Process

How a petition case runs

If Clean Slate already covered you, we confirm it on the RAP sheet. If not, this is the track.

  1. Free case review Separate automatic cases from petition cases. Pick the right statute order.
  2. Pull the RAP sheet Get the statewide DOJ record and court files. Fix errors. Find forgotten cases.
  3. Draft & file Prepare the petition. File in the county of conviction. Track deadlines.
  4. Hearing & cleanup Answer the DA if needed. Confirm the record updates after the order.

First step

Check the RAP sheet

Clean Slate does not mail a congratulations letter. The RAP sheet is how you know.

  1. Order your RAP sheet from the California DOJ Record Review.
  2. Look for “relief granted,” dismissal, or sealing language on every entry.
  3. Compare that to what employers or landlords are seeing.
  4. Bring the RAP sheet to consultation — strategy starts there.

Myths

Quick corrections

“I’d get a letter.”No. Automatic relief is often silent.
“Felonies can’t be cleared.”Many can — category and sentence matter.
“I should wait another year.”After the sentence ends, waiting usually just leaves the record public.
“One form clears everything.”Multiple cases often need different tools.

FAQ

Straight answers

Does California erase criminal records?

No. It dismisses or seals them and limits public disclosure. Private jobs and housing usually improve; justice agencies still keep access.

How long does Clean Slate take?

Once eligible, the DOJ’s monthly cycle controls timing. There is no application to speed it up.

What if I went to prison?

Many non-serious, non-violent prison cases can get automatic relief after a four-year wait with no new felony. Serious, violent, and § 290 cases usually need a different path.

Do I file where I live now?

Petitions are generally filed in the county of conviction — not where you live today.

Will it show on a job application?

For most private consumer background checks, a relieved case should not appear. Government jobs and some licenses can differ.

What should I bring to consultation?

County names, case numbers, probation end dates, and a RAP sheet if you have one. No paperwork yet? Start anyway.

Sources

Official reading

California Courts · Clean Your Record California DOJ · Request RAP sheet PC § 1203.4 · Dismissal PC § 1203.425 · Automatic conviction relief PC § 851.93 · Automatic arrest relief PC § 1203.41 · Petition sealing

California Expungement Attorneys

Free case consultation

Need a RAP-sheet review, a Clean Slate status check, or a petition filed in the county of conviction? Start with a free consultation.

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