California’s SB 731 expanded who can clear a criminal record without going to court. Since October 1, 2024, the California Department of Justice has reviewed state databases every month and granted automatic dismissal to people with qualifying convictions, including most felonies. Before SB 731, that automatic track was largely limited to misdemeanors and cases where probation had been completed. If your record doesn’t fit the automatic rules, you can still petition a judge directly under existing Penal Code sections. Which route applies to you depends on the offense, the sentence, and how much time has passed.
What SB 731 Changed
The headline change is the felony expansion. Automatic conviction relief now reaches people who served time in prison, county jail, or completed mandatory supervision, parole, or postrelease community supervision, as long as four years have passed since the sentence ended without a new felony conviction.1California Legislative Information. California Penal Code Section 1203.425 Before SB 731, that path was closed to anyone whose felony sentence involved incarceration rather than probation.
SB 731 kept two separate systems in place. One is automatic and handled by the DOJ; you file nothing. The other is petition-based and runs through the superior court where you were convicted. The two tracks cover different situations, and understanding which one applies to your record is the first practical question.
Automatic Relief Through the DOJ
The DOJ’s monthly review reaches back to convictions dating from January 1, 1973. Waiting periods and eligibility differ by offense type.
Misdemeanors, Infractions, and Probation Cases
If you completed probation without revocation, you qualify for automatic relief regardless of whether the underlying offense was a misdemeanor or a felony. For misdemeanors and infractions handled without probation, you qualify once you’ve completed the sentence and at least one year has passed since the date of judgment.1California Legislative Information. California Penal Code Section 1203.425
Felonies With a Custody or Supervision Sentence
This is the category SB 731 opened up. You qualify once you’ve finished all terms of the sentence (including any parole, mandatory supervision, or postrelease community supervision) and four years have gone by without a new felony conviction.1California Legislative Information. California Penal Code Section 1203.425
Who Is Left Out
Automatic relief has firm exclusions:
- Convictions that require registration under California’s Sex Offender Registration Act.
- Serious felonies listed in Penal Code 1192.7(c), such as robbery, residential burglary, and certain assaults, on the four-year felony track.
- Violent felonies under Penal Code 667.5, including murder, kidnapping, and arson causing bodily injury, on the four-year felony track.
- Records with active supervision entries, an unfinished sentence, or pending criminal charges. The DOJ will skip your record until those conditions clear.1California Legislative Information. California Penal Code Section 1203.425
The serious and violent felony exclusions apply only to the four-year felony track. Misdemeanors, infractions, and felonies where probation was completed without revocation are not blocked by those categories, though sex offender registration still disqualifies.
Petitioning the Court When Automatic Relief Doesn’t Reach You
If your conviction is excluded from the automatic track, or if the DOJ’s databases haven’t caught up with your record, you can file a petition directly. Two Penal Code sections govern this route.
Penal Code 1203.4: Probation Cases
Under Penal Code 1203.4, you can petition if you completed probation, were discharged from probation early, or can show that the interests of justice support relief. You cannot be currently serving a sentence, on probation, or facing pending charges at the time you file.2California Legislative Information. California Penal Code Section 1203.4
Penal Code 1203.41: Felony Custody Sentences
For felony convictions that resulted in a state prison sentence or a county jail sentence under the realignment provisions of Penal Code 1170(h), Penal Code 1203.41 applies. The wait after completing the sentence is one year for realignment county jail sentences and two years for state prison sentences. You cannot be on parole, serving another sentence, on probation, or charged with a new offense. Unlike the automatic track, petition-based relief under 1203.41 is not categorically barred for serious or violent felonies, though it remains barred if the conviction requires sex offender registration.3California Legislative Information. California Penal Code Section 1203.41
Forms, Fees, and What to Expect
Petitions use California Courts form CR-180 (Petition for Dismissal), filed in the superior court where the conviction happened.4California Courts. Petition for Dismissal CR-180 Felony petitions under 1203.41 require a written motion in addition to the form, and you should plan for a hearing. The district attorney receives 15 days’ notice and can object.3California Legislative Information. California Penal Code Section 1203.41 Judges weigh rehabilitation, elapsed time, the nature of the offense, and any prosecution objection.
Filing fees typically run around $120 for a felony petition and $60 for a misdemeanor, though exact amounts vary by court. If you can’t afford the fee, you can request a fee waiver based on financial hardship at the time you file.
Arrest Records That Didn’t Lead to a Conviction
SB 731 also expanded the automatic sealing of arrest records under Penal Code 851.93. Arrests on or after January 1, 1973, qualify if:
- The misdemeanor charge was dismissed, with no additional waiting period.
- The arrest was for a misdemeanor, no charges were filed, and one year has passed.
- The arrest was for a felony, no charges were filed, and three years have passed (six years for felonies punishable by eight or more years in prison).
- You completed a pretrial or posttrial diversion program tied to the arrest.5California Legislative Information. California Penal Code Section 851.93
Arrest sealing is separate from conviction relief. An arrest from one incident can be sealed while a conviction from another remains on your record.
What Relief Does and Doesn’t Do
Once a conviction is dismissed through either track, you are released from most penalties and disabilities tied to that conviction. Under automatic relief, the DOJ updates its databases so the conviction no longer shows on standard employment background checks, and on most private-sector job applications you can legally answer “no” when asked about convictions. California Labor Code 432.7 backs this up: employers can’t ask about, seek out, or use a dismissed conviction in hiring, promotion, or termination, and violations carry statutory damages and attorney’s fees.6California Legislative Information. California Labor Code Section 432.7
The limits matter just as much. Even after dismissal, you must still disclose the original conviction when applying for public office, for state or local agency licensure, or when contracting with the California State Lottery Commission.2California Legislative Information. California Penal Code Section 1203.4 If the conviction disqualified you from holding public office, dismissal does not restore that eligibility.3California Legislative Information. California Penal Code Section 1203.41 Firearm prohibitions tied to the conviction stay in place. In any future criminal prosecution, the dismissed conviction can be used against you as if the dismissal never happened.
Federal immigration authorities do not recognize California’s record relief. A dismissed conviction can still affect visa applications, green card petitions, and deportation proceedings.
Checking Your Record and Starting the Process
Before filing anything, get a copy of your California criminal history so you know what’s on it and whether anything has already been cleared. The DOJ accepts record review requests through Live Scan fingerprinting using Form BCIA 8016RR. Mark “Record Review” as both the application type and reason, then take the form to any Live Scan site, including sheriff’s offices, police departments, and public applicant locations. The processing fee is $25, with fee waivers available for those who qualify.7State of California – Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own
Once you have your record in hand, check whether any convictions already appear as dismissed. The DOJ’s automatic review has been running since October 2024, so some eligible records may already be cleared.8State of California – Department of Justice – Office of the Attorney General. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425 If a conviction that looks eligible still appears, you can file a petition rather than wait for the next review cycle. If the conviction is excluded from the automatic track, the petition under Penal Code 1203.4 or 1203.41 is the way forward.