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GUIDE · AFTER THE CASE

A case ending is not
a record clearing.

California offers several ways to clean up what a case leaves behind. Which ones apply depends on what happened — and often more than one does.

The tools

Expungement.

The court reopens the case, permits withdrawal of the plea, and dismisses the charge. You can generally answer "no conviction" to most private employers. It does not restore firearm rights and does not erase the conviction for licensing, immigration, or future sentencing purposes.

Sealing an arrest.

Where an arrest never became a conviction — no charges filed, a dismissal, or an acquittal — the arrest record itself can be sealed and destroyed, removing it from public view.

Reduction of a felony to a misdemeanor.

For wobbler offenses granted probation, a court may reduce the conviction to a misdemeanor — often the single most valuable step, and usually done before seeking expungement.

Certificate of rehabilitation.

A court order declaring you rehabilitated. It restores certain rights, carries real weight with state licensing boards, and operates as an automatic application for a governor's pardon.

Automatic relief.

California now seals or dismisses many records by operation of law once eligibility periods pass. Automatic does not mean instant, and it does not reach every record — checking is worthwhile rather than assuming.

What clearing a record does not do

It does not always restore firearm rights.

Felony convictions and specified domestic violence misdemeanors carry firearms prohibitions that survive expungement. A different remedy is required, and for some offenses none exists.

Licensing boards can still look.

Most boards may consider an expunged conviction, though the dismissal is meaningful mitigation. See the licensing guide.

Immigration consequences are separate.

A state-law dismissal generally does not eliminate a conviction for federal immigration purposes. Anyone who is not a citizen should have that analyzed before, not after.

THE AUTHORITY

The relief statutes, and what each one actually reaches.

Pen. Code § 1203.4
Expungement following successful completion of probation — plea withdrawn, case dismissed.
Pen. Code § 1203.4a
Equivalent relief for misdemeanor convictions where no probation was granted.
Pen. Code § 1203.41, § 1203.42
Relief for certain felony sentences served under realignment, and for older cases that would have qualified.
Pen. Code § 17(b)
Reduction of a wobbler felony to a misdemeanor — available on the court's discretion where probation was granted.
Pen. Code § 851.87, § 851.91
Petition to seal an arrest record where the arrest did not result in conviction.
Pen. Code § 1203.425
Automatic conviction relief by operation of law for eligible records once the statutory period elapses.
Pen. Code § 4852.01 et seq.
Certificate of rehabilitation — and its function as an automatic application for a governor's pardon.
Pen. Code § 29800; 18 U.S.C. § 922(g)
Firearm prohibitions that survive most state-law relief.

Authorities current as of 2025. Law changes; nothing here is a substitute for advice on your own facts.

TIME MATTERS IN A CRIMINAL CASE

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This page is general information — a consultation is where it becomes advice. We'll review the specific facts of your case and build a step-by-step strategy toward your goal. You'll leave understanding your case and your options — whether or not you hire the firm.

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