In California, you do not have to wait years after a conviction to clear your record. Unlike many states, there is no fixed multi-year waiting period.
Most people convicted of a misdemeanor or a probation-eligible felony fall under Penal Code § 1203.4.
Offenses that may qualify for expungement include
- DUI and wet reckless (Vehicle Code §§ 23152, 23103.5)
- Domestic violence (Penal Code §§ 273.5, 243(e)(1))
- Petty theft and shoplifting (Penal Code §§ 484, 459.5)
- Grand theft (Penal Code § 487)
- Drug possession and most drug offenses (Health & Safety Code §§ 11350, 11377)
- Simple assault and battery (Penal Code §§ 240, 242)
- Vandalism (Penal Code § 594)
- Burglary (Penal Code § 459)
- Forgery and check fraud (Penal Code §§ 470, 476)
- Embezzlement and other white-collar offenses (Penal Code § 503)
- Criminal threats (Penal Code § 422)
- Driving on a suspended license (Vehicle Code § 14601)
- Most misdemeanor and many felony probation cases not resulting in a state prison term
However, your eligibility for an expungement depends mainly on whether you have finished probation.
If You Were Placed on Probation
You can apply for expungement as soon as you have successfully completed probation, which means:
- Finishing the full probation term
- Paying all fines, fees, and restitution
- Completing any required classes, counseling, or community service
- Committing no new offenses during that time
Once your probation ends and every condition is met, you are generally eligible to file.
You May Not Have to Wait for Probation to End
If you are still on probation, you may be able to shorten the wait. Under Penal Code § 1203.3, you can ask the court to terminate your probation early.
If the judge grants your request, you can move straight to filing for dismissal. Courts often consider early termination when you have complied fully with the terms of your probation, paid everything owed, and have a strong reason (such as a job opportunity that requires a clean record) for early expungement.
Your attorney can request early termination and the dismissal together to save time.
If You Were Not Placed on Probation
Some misdemeanor sentences involve only a fine or jail time without probation. These fall under Penal Code § 1203.4a.
In that situation, you generally must wait one year from the date of conviction before applying, and you must have:
- Fully complied with the sentence
- Committed no new crimes during that year
- No pending charges
If you served a sentence that would now be served in county jail under Proposition 47 realignment, a separate path applies. Under Penal Code § 1203.42, you may petition once two years have passed since you completed your sentence.
What About Automatic Record Relief?
California’s Clean Slate laws now seal many criminal records automatically once a person becomes eligible. This relief is not available to everyone.
Serious convictions are excluded, and many people still need to file a petition to get full relief. Filing a petition also gives you a court order, rather than waiting and hoping the automatic process reaches your record.
To find out exactly when you can apply for expungement, contact the San Diego defense attorneys at George H. Ramos, Jr. & Associates for a confidential consultation. We can help you understand your eligibility and the process for clearing your record.