Record Clearing Laws In California
Below is a list of many of the most relevant California record clearing laws. You can click on any law link to view the actual text of the law.
- California Penal Code 1203.4 - Foundational expungement law allowing previously convicted individuals to petition the court for expungement of their infractions, misdemeanors and felonies in California. Law outlines the guidelines and exceptions for expungement eligibility.
- California Penal Code 1203.3 - Law permits individuals on probation to petition the court to request early termination of their probation. Law outlines guidelines and exceptions for early termination of probation eligibility.
- California Penal Code 17(b) - Law allows an individual convicted of a "wobbler" felony offense to petition the court to have the felony reduced to a misdemeanor. See a list of "wobbler" felony offenses in California.
- California Penal Code 851.8 - Law allows individuals that have been wrongfully arrested, wherein the arrest did not result in a conviction, to petition the court to demonstrate their factual innocence and get their arrest record sealed and destroyed. Law outlines the guidelines and restrictions for arrest record sealing eligibility.
- California Penal Code 4852.01 - Law allows individuals you have served time in state prison to petition the court for a certificate of rehabilitation. Law provides guidelines and restrictions for certificate of rehabilitation eligibility.
- Assembly Bill 2582 - Law which was passed in 2011 extends the relief available under PC 1203.4 to infractions, excluding traffic related infractions. Now most California infractions can be expunged.
- Welfare And Institutions Code 781 - Law allows individuals with juvenile records to petition the juvenile court requesting to have their juvenile record sealed. Law provides guidelines and restrictions for juvenile record sealing eligibility.
- Welfare And Institutions Code 1772 - Law allows individuals who were sent to the California Juvenile Youth Authority (juvenile prison), which disqualifies them from relief under WIC 781, to petition the juvenile court requesting to have their underlying juvenile offenses set aside (expunged). Law provides guidelines and restrictions for juvenile record set aside eligibility.
- Welfare And Institutions Code 707(b) - Law is referenced by WIC 781 and contains offenses which if committed as a juvenile are not eligible for relief under WIC 781.
- California Proposition 36 - Known as the Substance Abuse and Crime Prevention Act of 2000, it put in place mandatory probation and drug treatment rather than incarceration for certain non-violent drug offenses. This law makes many more non-violent drug related convictions available for PC 1203.4 expungement relief due to the avoidance of state prison sentencing.
- California Penal Code 1210.1 - Law is a result proposition 36, and mandates that any individual guilty of a non-violent drug offense must be given probation and drug treatment rather than incarceration. This law makes many more non-violent drug offense convictions available for PC 1203.4 expungement relief.
- California Penal Code 1000 - Law mandates that certain drug related offenses be available for diversion rather than conviction. If you successfully completed a PC 1000 diversion program than your case should have been dismissed (no conviction occurred) and you have no need for an expungement