How Long Do You Have to Wait to Get an Expungement in California? 2025

How long do you have to wait to get an expungement in California in 2025? One of the most impactful factors of a criminal conviction is the effect it will have on your record. Criminal convictions on your record can affect various areas of your life and restrain you in many ways, even after you have served your time and paid the necessary dues. Having them expunged as soon as possible is a high priority.

Table of Contents

Expungement

Expungement of a criminal record is a legal process through which an individual’s criminal record is set aside and the case dismissed. It may still be accessible to certain government entities or may show as “dismissed” on a background check.

The terms expungement and sealing are often used interchangeably, but are different. A record that has been sealed rather than expunged will not be accessible to anyone who runs a background check, such as employers or for housing, but may still be accessible or viewed by certain government agencies.

A “true expungement” does not exist in the state where all trace of the record is erased.

Between July and December of 2022, the Department of Justice recorded more than 8.4 million arrests and 2.6 million old convictions as having been expunged. In California, 8 million people are recorded as living with past convictions still on their records, which have significant impacts on their livelihood and career possibilities.

Eligibility

In order to be eligible to have your crime expunged in California, you must meet the following requirements:

You must not currently be in the process of being prosecuted for any offense in any state or jurisdiction.
You must not be currently serving time for probation, mandatory supervision, or parole.
You must not be currently serving a criminal sentence.
You must not have been convicted of some serious violent or sexual crimes.

In the event that you are currently serving a sentence, you may be able to apply for an early termination of your probation, in which case you could then be eligible for expungement. However, it is important to note that certain crimes are unable to be expunged from a criminal record.

Clean Slate Act

In recent years, California enacted a new policy termed the “Clean Slate Act.” According to this law, which took effect January 1, 2023, the California Department of Justice automatically reviews and seals certain arrest and conviction records on a monthly basis, provided specific eligibility requirements are met.

This includes individuals who have completed their sentence and remained free of further convictions or pending charges. Sealed records are no longer visible on most background checks but can still be accessed by certain government agencies. Unlike expungement, sealing removes the record from public view without requiring a petition.

How Long Must I Wait?

The pertinent question, once you have verified you are eligible for expungement or dismissal, is how long it will take. If your sentence includes probation, you may be eligible after fulfilling your probation requirements, provided you haven’t violated probation or committed new offenses that would disqualify you. If successful, your records will show it was dismissed rather than show a conviction.

If you were arrested but it did not result in charges, you will have automatic relief under the Clean Slate Act after a year or three years, depending on whether it was for a misdemeanor or a felony charge. If you were arrested but the case was dismissed, it would be cleared immediately.

Convicted misdemeanors without probation might be eligible to be sealed one year after the completion of the sentence. Older cases before 1973 or ineligible offenses need a petition. Most felony convictions will be cleared from your record four years after the sentence is served if no probation is required.

Certain violent or sex offenses will not be eligible for either expungement or sealing.

FAQS

How Fast Can You Get Your Record Expunged in California?

The length of time it may take to get petition-based expungements in California will depend on several factors, including the complexity of your case and the caseload of the court system.

An experienced Expungement lawyer can help you determine which steps of action may be beneficial for helping move your case along or whether or not your case will be automatically dismissed.

What Are the Requirements for Expungement in California?

Expungement is the process through which a person’s criminal record is legally cleared. This option is available for those who have fulfilled and completed all probation periods and requirements. All probation fulfillments must be met and completed in order to be eligible for expungement. In order to have any crime expunged from your record, you must not be currently on probation for any other crime, even if it is unrelated.

How Much Does It Cost to Have Your Record Expunged in California?

There are various factors that may affect the overall price you pay for having a petition-based expungement in California. To begin with, there are mandatory filing fees for any type of paperwork that must be filed with your local court. Additionally, if you need the guidance of a lawyer, the fees associated with their time and work will also be included. It is important to consider these costs prior to beginning this process.

Do I Need a Lawyer to Have My Record Expunged?

While you are not legally required to have a lawyer in California, the legal guidance that an attorney can offer can be invaluable. You may have various avenues and options regarding how you are able to clear your record, which can be helpful to be aware of. There can also be an excessive amount of complex paperwork involved, which a lawyer can handle for you, ensuring no mistakes are made.

Law Office of Conor Bell, Northern California

If you or a loved one is in the process of having your criminal record expunged, it can be helpful to have the assistance and guidance of an experienced attorney. While the process may seem straightforward and simple, there can be many details that can be difficult to navigate. The legal understanding and comprehension that a lawyer brings to such a situation can save you much time and hassle.

At the Law Office of Conor Bell, we understand the legal complexities that are associated with the process of expungement. There are many details to take care of, such as paperwork, preparing for your hearing, attending and navigating your court hearing, and more. Contact us today to learn more about how we can help and to ask any questions you may have. We have helped countless individuals and are ready to help you, too.