Expungements and record clearing
California's record-clearing law is broader than most clients realize. A criminal record is not a single document; it's a stack of records held by different agencies, each with its own rules for what gets reported and when. Several different statutory remedies apply to different parts of the stack. The right path is usually a combination, not a single filing.
The core remedies
PC 1203.4 — "Expungement"
The most common form of relief. After a probation case is successfully completed, the court can withdraw the plea (or set aside the verdict), enter a not-guilty plea, and dismiss the case. The conviction does not disappear — but it is dismissed, and for most purposes it can be answered "no" on private employment applications.
Limits on PC 1203.4:
- Doesn't apply to convictions that resulted in state prison or, post-realignment, prison-level county jail terms (a separate path under PC 1203.41 covers some of those).
- Doesn't reach mandatory firearm prohibitions for DV misdemeanors (federal Lautenberg).
- Doesn't reach immigration consequences for federal purposes — a 1203.4 dismissal is still a "conviction" under federal immigration law.
- Does not apply to certain sex offenses involving minors.
- Most government and licensing applications can still see the prior.
For everything else — and that's most cases — PC 1203.4 is the right starting point.
PC 17(b) — Felony reduction to misdemeanor
For "wobbler" offenses (those that could have been charged as felony or misdemeanor), the court can reduce the felony to a misdemeanor under PC 17(b). The reduction:
- Restores California firearm rights (the federal 922(g) bar is a different question depending on the underlying conduct).
- Makes the case eligible for PC 1203.4 dismissal where it wasn't before.
- Can be retroactive — old felonies can be reduced years later.
PC 17(b) is often paired with PC 1203.4 in the same petition.
PC 851.91 — Arrest sealing
For arrests that didn't result in conviction — dismissed cases, acquittals, no-charges-filed cases — the underlying arrest record can be sealed and destroyed under PC 851.91. The arrest then "did not occur" for most purposes, including most employment and housing background checks.
There's a presumption of relief for arrests that didn't lead to conviction. There are exceptions for arrests that "could still be charged" within the statute of limitations and for clients with a pattern of similar conduct.
PC 1473.7 — Withdrawal of plea on immigration grounds
Where a client wasn't properly advised of the immigration consequences of a plea, or where prejudice can be shown from the lack of advisement, a motion under PC 1473.7 can vacate the conviction. This is its own area of practice and has its own deadlines and proof obligations.
Prop 47 / PC 1170.18 — Reduction of older felonies
Prop 47 reclassified many low-level theft and drug offenses as misdemeanors. Old felony convictions in those categories can be reduced retroactively under PC 1170.18.
Prop 64 / HSC 11361.8 — Cannabis convictions
Prop 64 created a path to dismiss or reduce many older cannabis convictions, including reductions of felony offenses to misdemeanors or dismissal entirely.
Certificate of Rehabilitation and Pardon (PC 4852.01)
For clients with felony convictions ineligible for PC 1203.4, a Certificate of Rehabilitation is a separate remedy that becomes a recommendation for a Governor's pardon. Long waiting periods apply.
What clearing actually changes
- Private background checks — most consumer-reporting agencies stop reporting cases dismissed under PC 1203.4 once they're aware of the order, but compliance is uneven. Sometimes a follow-up letter is needed.
- California licensing — licensing boards (DRE, BRN, BBS, DOI, etc.) get to see prior records even after PC 1203.4 dismissal. A separate showing of rehabilitation may be required.
- Federal background checks — FBI checks, immigration applications, federal employment, and security clearances can still see the prior conviction.
- Firearm rights — restored on PC 17(b) reduction of a wobbler felony; not affected by PC 1203.4 alone.
- Voting rights — already restored under California law for most clients on completion of supervision.
What I look at first
- The full record. A "rap sheet" review (CLETS or Live Scan record review) before filing. Filing a 1203.4 on the wrong case number, or missing a felony that should be reduced first, is the most common mistake in pro-se filings.
- The path. Whether to file 17(b) first, then 1203.4. Whether 851.91 sealing applies on top. Whether Prop 47 or Prop 64 reductions are available. The order matters.
- The goal. A client clearing for a job, a license, or an immigration application has different priorities. The right filing matches the goal.
What this costs (roughly)
A simple PC 1203.4 on a single misdemeanor is straightforward. Multi-case packages (17(b) + 1203.4 + 851.91 across several cases) are more involved. We quote a flat fee after seeing the record.
What to do now
If you're considering a clearing and an employer or licensing board has asked about your record, don't answer until you know what's really there. Run a Live Scan record review first; file from facts, not from memory.