California Record Sealing & Expungement 2026

California has significantly expanded record relief laws since 2020. AB 1076 (2023) requires courts to automatically expunge eligible convictions without a petition. Penal Code §851.91 allows sealing of most arrest records. Many Proposition 47 reclassifications are now automatic. This guide explains who qualifies and how to navigate the process in San Diego.

California Expungement — Penal Code §1203.4

California's primary expungement statute is Penal Code §1203.4. When granted, it dismisses the conviction — the plea or verdict is withdrawn, a "not guilty" plea is entered, and the case is dismissed. However, "expunged" in California does not mean the record is destroyed or completely hidden; it remains visible on criminal background checks but shows as "dismissed."

Basic Eligibility for PC §1203.4 Expungement

Completed probation (or early termination of probation granted)
Did NOT serve time in state prison (county jail under Realignment is OK)
Not currently charged with, on probation for, or serving sentence for any offense
Paid all fines, fees, and restitution

Disqualifying Offenses (Cannot Be Expunged)

Child sex offenses (PC §288, §288.5, etc.)
Sexual offenses requiring lifetime sex offender registration
Certain vehicle code violations resulting in injury or death
State prison sentences (generally — some post-Realignment cases may qualify)

AB 1076 — Automatic Expungement (2023)

Assembly Bill 1076, effective January 1, 2024, requires the California Department of Justice (DOJ) and courts to automatically identify and expunge eligible convictions for offenses that could have been charged as misdemeanors or infractions. This covers millions of older drug and minor criminal convictions.

You don't need to petition for AB 1076 relief — it's supposed to happen automatically through a DOJ database sweep. However, courts are processing these in batches, and many eligible people have not yet received their expungement. If you believe you qualify and haven't received notice, consulting an attorney or checking your record through the DOJ is advisable.

Arrest Record Sealing — Penal Code §851.91

Penal Code §851.91 allows California residents to petition to seal arrest records when:

The arrest did not lead to a conviction
The statute of limitations has passed, OR
Charges were filed but later dismissed
You were acquitted at trial

If granted, the arrest record is sealed from public view and you can legally say you were not arrested for that offense on most job and housing applications. Law enforcement, government licensing agencies, and certain employers (criminal justice, law enforcement) can still see sealed records.

California's Expungement Options Compared

Relief Type	Who Qualifies	Effect
PC §1203.4 Expungement	Probation completers without state prison	Conviction dismissed; still visible on background check as "dismissed"
AB 1076 Automatic Relief	Misdemeanor/infraction eligible convictions	Automatic dismissal without petition
PC §851.91 Arrest Sealing	Arrests without conviction	Arrest hidden from most background checks
Prop 47 Reclassification	Felony drug/theft convictions now classified as misdemeanors	Conviction reclassified to misdemeanor; then eligible for expungement
Prop 64 Cannabis Relief	Marijuana convictions now legal under state law	Automatic or petition-based dismissal/reduction
Certificate of Rehabilitation	Felony convicts who completed parole	Judicial finding of rehabilitation; gateway to Governor's pardon

What Expungement Does and Does NOT Do

What Expungement DOES:

Allows you to answer "no" on most private employer background checks
Clears the conviction for most professional licensing applications (note: some boards still consider expunged convictions)
Removes the conviction from most consumer-facing background check services
Restores some civil rights (though felony firearm rights require separate process)

What Expungement Does NOT Do:

Does not restore gun rights for felony convictions (requires Governor's pardon)
Does not eliminate sex offender registration requirements
Does not prevent government employers from seeing the record
Does not prevent the conviction from being used as a "prior" in future criminal cases
Does not affect immigration consequences (consult an immigration attorney)
Does not remove the conviction from federal criminal records

Filing for Expungement in San Diego

To petition for expungement in San Diego Superior Court:

Obtain your criminal record from the California DOJ (Live Scan or online request)
Complete form CR-180 (Petition for Dismissal) and supporting declaration
File at the San Diego Superior Court division where you were convicted (Central, East, North, or South County)
Pay the filing fee (currently $120 for most expungements; waivers available)
Serve a copy on the San Diego County District Attorney's office
Attend the hearing (many are handled on the papers without personal appearance)

Processing times at San Diego Superior Court typically range from 6–12 weeks. An attorney can often expedite and handles all paperwork.

Proposition 47 — Reducing Felonies to Misdemeanors

Proposition 47 (2014) reclassified certain drug possession and petty theft felonies to misdemeanors. If you were convicted of a felony that is now a misdemeanor offense, you can petition to have it reclassified — and once it's a misdemeanor, it becomes eligible for expungement under PC §1203.4. The deadline to petition under Prop 47 has passed, but the court can grant relief for good cause upon showing you were unaware of the deadline.

Find a San Diego Expungement Attorney

Many expungement attorneys offer flat-fee services. A clean record can open doors to employment, housing, and licensing.

Find Criminal Defense Attorneys Near You

This article is for informational purposes only and is not legal advice. Expungement eligibility is highly case-specific and immigration consequences require separate analysis. Consult a licensed California criminal defense attorney. SDAttorneyFinder is not a law firm.