A record from years ago can quietly cost you a job, an apartment, or a license. The good news is that California has more ways to clear it than ever, and some now happen automatically. The tricky part is knowing which path fits your case, because the rules get misstated constantly.
Three paths, three different jobs
These terms get used loosely, even on law firm sites. Here's the clean version.
| Path | Statute | Covers | What it does |
|---|---|---|---|
| Expungement | PC 1203.4 | A conviction, after probation | Reopens and dismisses the case |
| Arrest sealing | PC 851.91 | An arrest with no conviction | Treats the arrest as if it never happened |
| Automatic relief | SB 731 (Clean Slate) | Many convictions and arrests | Seals them with no petition needed |
Matching the right tool to your record is the whole game. Use the wrong one and you lose months.
Expungement, for convictions
If you were convicted and finished probation, Penal Code 1203.4 is usually your route.
It reopens your case, lets you withdraw the plea, and dismisses the charge. Here's the honest limit. It doesn't erase the record. The conviction still shows as dismissed, and it can still count as a prior or matter for immigration and some licenses. Even so, it makes a real difference on everyday background checks and job applications.
Sealing, for arrests without a conviction
Not every arrest ends in a conviction. If yours didn't, Penal Code 851.91 may let you seal it.
That covers cases where no charges were filed, the charges were dismissed, or you were acquitted. Once sealed, the arrest is treated as if it never happened for most purposes, though law enforcement keeps access.
The Clean Slate Act does some of this for you
This is the newest and least understood piece. California's Clean Slate Act, SB 731, took effect for conviction relief on October 1, 2024.
The state Department of Justice now reviews records every month and seals eligible ones automatically. No petition, no filing fee, no court date. Misdemeanors clear after probation or a short waiting period. Many felonies clear four years after you finish all terms, as long as there's no new felony.
There are real limits. Serious felonies, violent felonies, and anything requiring sex-offender registration are excluded. And a prosecutor can object in narrow cases. If the automatic sweep misses a record that should qualify, you can still petition the court.
What none of this does
Set expectations honestly here, because this trips people up.
- It doesn't restore your gun rights
- It doesn't clear federal records
- It doesn't erase immigration consequences
Those need separate steps, and sometimes a pardon.
Facing this in Chula Vista or the South Bay?
Record relief petitions for South Bay cases run through the Chula Vista courthouse, and the filing fees are modest. The hardest part is figuring out which path actually fits your record. That's a five-minute conversation worth having.