California

Adult criminal records for cases in which you were convicted are eligible for deletion, sealing, dismissal, or destruction in some situations. Except in some instances, you have to file a petition in court to start the process. 

• With certain exceptions, if you successfully completed probation or were discharged early from probation, the case is dismissed. If you meet the criteria, the judge has to grant your petition. 
• With certain exceptions, if you were convicted of an infraction or a misdemeanor for which no probation was ordered, the case can be dismissed one year later, so long as you meet certain conditions. If you meet the criteria, the judge has to grant your petition. 
• With certain exceptions, if you were convicted of a felony, part of your jail time was suspended, and you were put on mandatory supervision, the case can be dismissed one year after you complete your sentence. It is up to the judge whether or not to grant your petition. 
• With certain exceptions, if you were convicted of a felony and part of your jail time was suspended, the case can be dismissed two years after you complete your sentence. It is up to the judge whether or not to grant your petition. 
• With certain exceptions, if you are a current or former member of the U.S. military and you were convicted of a felony and sentenced to probation with treatment, the case can be dismissed. The court should start the dismissal process automatically. It is up to the judge whether or not to dismiss the record. 
• If you were convicted of a minor marijuana offense, the record will be destroyed two years after the date you were convicted or released from custody, if any. If you meet the criteria, the records should be destroyed automatically. 
• If you were convicted of a non-violent offense, including prostitution, because you were a victim of human trafficking, the conviction can be vacated. It is up to the judge whether or not to grant your petition. 
• If you were convicted of a drug offense that has been decriminalized, the record may be dismissed. It is up to the judge whether or not to grant your petition. 
• If you were a victim of identity theft and someone used your name when committing a crime, the record can be sealed or deleted. It is up to the judge whether or not to grant your petition. 
• Records relating to marijuana offenses decriminalized by the Control, Regulate and Tax Adult Use of Marijuana Act are dismissed, sealed, or redesignated by the court by July 1, 2020, unless the prosecution objects. 
• If you were convicted of certain felony convictions that did not result in incarceration in state prison, the record shall be dismissed. 
• If you were convicted of certain misdemeanor convictions, the record shall be dismissed. 
• If you were convicted of a nonviolent offense committed while you were a victim of intimate partner violence or sexual violence, your record can be vacated. It is up to the judge whether or not to grant your petition. 
• Records of a criminal conviction or sentence of a person who is no longer in criminal custody can be vacated if the conviction or sentence is legally invalid due to prejudicial error, if newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice, or if a conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin. 
• If you were convicted of loitering with intent to commit prostitution, which has been repealed, your record shall be sealed if certain criteria are met. 
• If you committed a misdemeanor when you were under 18 years of age and you are eligible for or have previously received the relief provided by Section 1203.4 or 1203.4a, your record may be sealed.
• If you committed a misdemeanor when you were under 21 years of age and that offense was committed prior to March 7, 1973, your record may be sealed.