Having a criminal record in California can significantly affect your life — from job opportunities and housing to professional licensing and reputation. Fortunately, California law provides two key remedies for people seeking to reduce the impact of a criminal past: record sealing and expungement. While both offer forms of relief, they differ in eligibility, legal effects, and long-term outcomes.
This guide explains the differences between sealing and expunging a criminal record in California, helping you understand which option may be right for your situation.
What Is Expungement in California?
In California, expungement refers to a legal process under Penal Code § 1203.4 that allows a person to withdraw a guilty or no-contest plea and have the case dismissed after completing probation or a jail sentence (if probation was not granted).
Key Features:
The case is dismissed in court records.
You can legally say you were not convicted in most private employment contexts.
The record is not destroyed; it still exists but shows a dismissal.
Available to most misdemeanors and some felonies, but not all.
Some offenses — like certain sex crimes — are not eligible.
Who Is Eligible for Expungement?
You may qualify if:
You were convicted in California state court (not federal).
You completed probation or your sentence (including jail time, fines).
You are not currently facing charges, on probation, or serving a sentence.
Your offense is not exempt from expungement (e.g., some serious sex crimes).
Benefits of Expungement:
Increases job and licensing opportunities.
Prevents employers from using dismissed convictions against you.
Helps reduce social stigma.
May be helpful in immigration cases (though it does not guarantee relief).
Limitations:
Does not remove the record entirely — it still appears in databases but shows as “dismissed.”
Does not restore gun rights or eliminate the duty to register as a sex offender (if applicable).
Does not remove DMV points or affect a driving record if the offense involved driving.
What Is Record Sealing in California?
Sealing a criminal record in California means that the record is completely hidden from public view, and in many cases, it is treated as though the arrest or case never happened. This process is governed by Penal Code §§ 851.87 – 851.92 for arrests and Penal Code § 851.8 for factual innocence.
There are two main types of record sealing:
Sealing an arrest record (when you were arrested but never convicted)
Sealing after a case is dismissed or you were found not guilty
Key Features:
The entire case file is sealed and removed from public access.
You can legally say you were never arrested or charged, in most cases.
Applies primarily to arrests that did not lead to a conviction.
Some records are automatically sealed as of 2023 under California’s Clean Slate Act (AB 1076).
Who Is Eligible for Record Sealing?
You may qualify if:
You were arrested, but never charged or charges were dismissed.
You were acquitted at trial.
You completed a pretrial diversion program or drug court.
You can demonstrate factual innocence (for full sealing under PC 851.8).
You qualify for automatic sealing under the Clean Slate Act (most misdemeanors, some felonies, after completion of sentence and a waiting period).
Benefits of Record Sealing:
Completely removes the record from most background checks.
Enhances privacy, especially for sensitive or dismissed cases.
Eliminates the need to disclose the arrest or case in most situations.
Employers, landlords, and licensing boards won’t see sealed records (with limited exceptions).
Limitations:
Law enforcement and certain government agencies can still access sealed records.
Some sealed records may still appear in federal databases.
Does not apply to convictions unless you’re eligible under Clean Slate laws.
Factual innocence petitions (PC 851.8) are difficult to win and require strong evidence.
Comparison: Expungement vs. Sealing in California
| Feature | Expungement (PC 1203.4) | Record Sealing (PC 851.87 / 851.8) |
|---|---|---|
| Effect on Record | Shows dismissal, record still exists | Record hidden from public, treated as if it didn’t occur |
| Eligibility | After probation/sentence, no new charges | Arrests with no conviction or dismissed cases |
| Access by Employers | May still appear on some background checks | Usually won’t appear at all |
| Access by Government | Still accessible | Limited access (some government agencies) |
| Removes Conviction? | Yes (in many cases) | No — sealing applies to non-convictions |
| Restores Gun Rights? | No | No |
| Immigration Safe? | May still be considered a conviction | Safer if no conviction occurred |
Automatic Relief: California’s Clean Slate Act
As of January 1, 2023, California’s AB 1076 (Clean Slate Act) provides automatic record relief for many individuals who meet the eligibility criteria. The law:
Automatically seals arrest records that did not lead to conviction.
Automatically expunges eligible convictions after sentence completion and a waiting period (typically 1 year for misdemeanors, 4 years for felonies).
Applies only to state-level offenses, not federal.
If you’re unsure whether your case qualifies for automatic relief, you can check with the California Department of Justice or consult a criminal defense attorney.
Which Option Is Right for You?
Choose expungement if you were convicted and have completed your sentence or probation. It improves your record but does not erase it.
Choose record sealing if you were not convicted, and want to completely hide the case from public view.
In some cases, you may be eligible for both (for example, expunge a conviction and later seek sealing under newer laws).
Conclusion
California provides more options than ever for people to move forward from their past. Whether you’re eligible for expungement or record sealing, taking legal steps to clean your record can have a major impact on your future. Understanding the differences — and your rights — is the first step toward a clean slate. If you’re unsure about your eligibility, consult with a California-based criminal defense attorney or legal aid organization. Contact us today for a free consultation and find out how we can help you clear your record and start fresh.
