It’s a request I get often enough from my clients—either “can I get my record expunged?” or “can I have it sealed?” California has many laws relating to both sealing and expungement, and which ones apply depends on your individual circumstances. All of these rules have their own requirements, time limits, and exceptions. Part of our job as attorneys is to help you find the right solution for your situation. Below I explore the basics about your different options under California law.
What is the Difference Between Sealing and Expungement?
In plain English, expungement changes the status of a conviction; sealing limits who can see the record.
Expungement is the word people usually use for relief under statutes like Penal Code section 1203.4. But in California, it usually does not mean the record disappears. The conviction is set aside and the case is dismissed after the person has completed probation or otherwise qualifies. That is helpful because the case no longer sits in the same public-facing posture as an ordinary conviction. But the conviction still exists for some purposes. It can still be used in later criminal cases. It may still have to be disclosed for public office, state licensing, and some government applications. It also does not restore firearm rights or erase every consequence.
Sealing is different. Sealing is more about access to the record. If an arrest or case record is sealed, the public, employers, landlords, and many background-check companies generally should not be able to see or use it. In many contexts, the person can legally answer as if the arrest did not happen. But sealed records are usually not destroyed. Criminal justice agencies may still be able to access them, and there are exceptions for peace officer applications, later prosecutions, licensing, or other specific government uses.
Put simply: Expungement is a dismissal remedy. Sealing is a privacy remedy.
What are Common Types of Sealing of the Record?
Here is a chart with the common types of record sealing, followed by a detailed description of each:
| Type of Sealing | When It Applies | Plain English Effect |
|---|---|---|
|
Prefiling Diversion Arrest Sealing Penal Code § 851.87 | The person was arrested, but the prosecutor offered diversion before filing charges. | After successful completion, the person can ask the court to seal the arrest. This helps keep a never-filed case from appearing like an ordinary arrest record. |
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Drug Diversion / Deferred Entry Arrest Sealing Penal Code § 851.90 | The person successfully completed certain drug diversion or deferred entry of judgment programs. | The court may seal the arrest records, and the person may generally say they were not arrested or granted drug diversion for the offense. |
|
General Arrest Sealing When No Conviction Resulted Penal Code § 851.91 | The person was arrested, but the case did not end in a conviction—for example, no charges were filed, the case was dismissed, the person was acquitted, or the conviction was reversed and not refiled. | This is the broad petition-based arrest sealing remedy. It restricts public access to the arrest and generally treats the arrest as though it did not occur. |
|
Automatic DOJ Arrest Relief Penal Code § 851.93 | Many arrests that did not result in conviction, if DOJ records show the case qualifies. | Relief may be granted automatically without filing a petition. DOJ marks the record as “arrest relief granted,” but automatic relief depends on the accuracy and completeness of DOJ records. |
|
Drug Pretrial Diversion Arrest Relief Penal Code § 1000.4 | The person successfully completed drug pretrial diversion. | The arrest is treated as though it never occurred, and the person may generally say they were not arrested or granted diversion for the offense. |
Penal Code § 851.91 — General Arrest Record Sealing When the Arrest Did Not Result in Conviction
This is one of California’s main arrest-record sealing statutes. It applies when a person was arrested, but the arrest ultimately did not result in a conviction.
California Penal Code section 851.91 allows a person to petition the court to seal an arrest and related records when the arrest did not result in a conviction. This can include situations where charges were never filed and the statute of limitations has expired, charges were filed but dismissed and cannot be refiled, the person was acquitted, or a conviction was later reversed or vacated and the case cannot be refiled.
In many eligible cases, sealing is available as a matter of right. But some cases require a stronger “interests of justice” showing, especially where the arrest involved domestic violence, child abuse, or elder abuse and the person’s record shows a statutory “pattern” of similar arrests or convictions. The statute defines that pattern as either two or more convictions, or five or more arrests, for separate offenses occurring on separate occasions within three years of at least one other conviction or arrest.
The petition must be filed in the court where the case was filed, or if no case was filed, in a criminal court in the city or county where the arrest occurred. It must identify the arrest, the arresting agency, the charges or alleged offenses, and explain whether the person is seeking sealing as a matter of right or in the interests of justice.
If the petition is granted, the arrest is sealed as to the petitioner, and the arrest is generally deemed not to have occurred. The person may usually answer questions about the sealed arrest accordingly and is released from penalties and disabilities resulting from the arrest.
There are important exceptions. The sealed arrest can still be pleaded and proved in a later criminal prosecution. The person may still have to disclose the arrest when applying for public office, peace officer employment, state or local licensure, or contracts with the California State Lottery Commission. The statute also does not restore firearm rights, remove firearm-related consequences, or eliminate any public-office disqualification that would otherwise apply.
This is not conviction expungement. It is a broader arrest-record sealing remedy for cases that ended without a conviction—in the same category as more specific arrest-sealing statutes like prefiling diversion sealing and drug-diversion sealing.
Penal Code § 851.87 — Sealing After Successful Prefiling Diversion
Penal Code section 851.87 applies when someone is arrested, but the prosecutor offers prefiling diversion instead of filing charges. If the person successfully completes diversion, they may petition the superior court that would have handled the case to seal the arrest records.
If sealing is granted, the person may generally say they were not arrested for that charge, and the sealed arrest generally cannot be used, without the person’s permission, to deny employment, benefits, or a certificate. Like other arrest-sealing statutes, however, it has the usual exceptions: peace officer applications, Department of Justice disclosures for those applications, and continued access or use by criminal justice agencies under Penal Code section 851.92.
This is not conviction expungement. It is arrest-record sealing after successful pre-charge diversion—especially favorable because no criminal case was ever filed, but still subject to the same basic law-enforcement exceptions that appear throughout the arrest-sealing statutes.
Penal Code § 851.90 — Sealing After Successful Drug Diversion / Deferred Entry of Judgment
Penal Code section 851.90 applies when a person successfully completes certain drug-related diversion programs, including superior-court drug diversion under Penal Code section 1000.5 or deferred entry of judgment under Penal Code sections 1000 or 1000.8. After successful completion, the court may order the arrest records sealed, either on request by a party or on the court’s own motion with notice.
If sealing is granted, the person may generally say they were not arrested or granted drug diversion/deferred entry of judgment for the offense. The sealed arrest generally cannot be used, without the person’s permission, to deny employment, benefits, or a certificate. As with section 851.91, the relief is not absolute: peace officer application disclosures remain, DOJ may disclose the arrest for that purpose, and criminal justice agencies may continue to access and use the records under section 851.92.
This is not 1203.4-style conviction expungement. It is drug-diversion arrest sealing, designed to keep a successfully completed diversion case from functioning like an ordinary criminal-history barrier, while preserving the standard criminal-justice and peace-officer exceptions.
Penal Code § 1000.4 — Record Relief After Successful Drug Pretrial Diversion
Penal Code section 1000.4 provides record relief after successful completion of drug pretrial diversion. Once diversion is completed, the arrest that led to diversion is treated as though it never occurred, and the court may order the arrest records sealed under Penal Code section 851.92.
The practical benefit is that the person may generally say they were not arrested or granted pretrial diversion for the offense. The arrest record generally cannot be used, without the person’s consent, to deny employment, a benefit, a license, or a certificate.
There are important exceptions. Professional licensing agencies may still obtain certified records about the person’s diversion history and may still deny or discipline a license based on professional misconduct. The peace-officer exception also remains: DOJ may disclose the arrest for peace officer applications, and the person must disclose it if directly asked. Criminal justice agencies may also continue to access and use sealed records under section 851.92.
This is not traditional conviction expungement. It is drug-diversion-based arrest relief, allowing a successfully completed diversion case to avoid many ordinary arrest-record consequences while preserving access for criminal justice agencies, peace-officer hiring, and certain professional licensing purposes.
How Does Sealing Actually Work?
Penal Code section 851.92 explains what happens after an arrest is sealed under related statutes such as sections 851.87, 851.90, 1000.4, and 851.91.
Once sealing is ordered, the court must send the order to the person, the prosecutor, law enforcement agencies, and the Department of Justice. Local records are marked “arrest sealed,” while state records are marked “arrest relief granted.” Police reports and court records must also be marked to prevent release outside the criminal justice system.
The practical effect is that sealed arrest records generally cannot be disclosed to the public, employers, background-check companies, or similar outside entities. However, the records may still be disclosed to the person and to criminal justice agencies. Those agencies may continue to access and use the records in the regular course of their duties, including in later court proceedings.
The statute also adds enforcement. Improper disclosure by a person or entity outside the criminal justice sector can result in a civil penalty of $500 to $2,500 per violation.
Section 851.92 is the mechanics and enforcement statute for arrest sealing. Other statutes explain who qualifies; section 851.92 explains how the records are marked, who can still access them, and what happens if sealed information is improperly released.
Penal Code § 851.93 — Automatic DOJ Arrest Record Relief
This is California’s automatic arrest-record relief (sealing) statute. Unlike Penal Code section 851.91, which generally requires the person to file a petition, section 851.93 directs the California Department of Justice to review statewide criminal history records every month and grant arrest relief automatically when the electronic records show eligibility.
California Penal Code section 851.93 creates automatic record relief for many arrests that did not lead to a conviction. Each month, the Department of Justice is supposed to review statewide criminal justice databases and identify arrests that qualify for relief based on the information in the state summary criminal history repository. The statute became operative on October 1, 2024, subject to a state budget appropriation.
A person may qualify for automatic arrest relief if the arrest occurred on or after January 1, 1973, and falls into one of several categories. These include misdemeanor arrests where the charge was dismissed, misdemeanor arrests where no case appears to have been filed and at least one year has passed without a conviction, felony arrests where no case appears to have been filed and at least three years have passed without a conviction, and certain serious felony arrests where at least six years have passed without a conviction. The statute also covers arrests tied to successful completion of several types of diversion, including prefiling diversion, drug diversion, deferred entry of judgment, pretrial diversion, and other listed diversion programs.
When DOJ grants relief, the person’s state criminal history record must be updated with a notation stating “arrest relief granted,” along with the date relief was granted and a reference to Penal Code section 851.93. In general, an arrest granted relief under this section is treated as though it did not occur, and the person may answer questions about the arrest accordingly.
The statute also requires DOJ to notify the superior court when relief is granted in a case where a complaint was filed. For court records retained under Government Code section 68152, the court generally may not disclose information about an arrest granted relief under this section, except to the person whose arrest was granted relief or to a criminal justice agency.
There are several important limits. Arrest relief under section 851.93 does not eliminate the obligation to disclose the arrest when applying to become a peace officer. It does not prevent criminal justice agencies from accessing or using the records. It does not stop a district attorney from prosecuting the case within the statute of limitations. It also does not restore firearm rights, remove firearm-related restrictions, eliminate public-office disqualifications, or prevent certain licensing or care-facility background-check consequences where other statutes authorize use of the information.
This is best described as automatic arrest relief, part of California’s broader Clean Slate-style record relief system. It overlaps with petition-based arrest sealing statutes like sections 851.87, 851.90, and 851.91, but it does not replace them. In practical terms, section 851.93 is helpful because the person may not need to file anything if DOJ’s electronic records show eligibility. But because automatic relief depends on what appears in DOJ’s records, a petition may still be necessary when the automatic system misses a qualifying arrest or when a person needs a court order confirming relief.
Here is a summary of California’s arrest sealing options:
| Situation | Statutes | Plain English Description |
|---|---|---|
| Sealing After Diversion | §§ 851.87, 851.90, 1000.4 | You completed diversion, so the arrest can be treated as though it did not happen for most public-facing purposes. |
| Sealing After No Conviction | § 851.91 | You were arrested, but the case did not end in a conviction, so you can ask the court to seal the arrest. |
| Automatic Arrest Relief | § 851.93 | DOJ may grant arrest relief automatically if the state record shows the case qualifies. |
What are the Different Types of Expungement?
If an arrest resulted in charges that later resulted in a conviction—like a reduced plea—expungement is the way to go. Expungement essentially means the closed case is briefly resurrected and the court changes your conviction to a dismissal. There are now two ways to go about expungement, and each is described below.
Penal Code § 1203.4 — Traditional California “Expungement” After Probation
This is the classic California statute most people mean when they use the word expungement. Technically, it does not erase or seal the conviction. Instead, after probation is completed, the court allows the person to withdraw a guilty or no contest plea, or sets aside a guilty verdict, and then dismisses the case.
California Penal Code section 1203.4 is the main post-conviction dismissal statute for people who were placed on probation. If the person successfully completed probation, was discharged early, or the court finds that relief should be granted in the interests of justice, the person may ask the court to reopen the case, set aside the conviction, and dismiss the accusation or information.
The practical benefit is that the person is generally released from the penalties and disabilities resulting from the conviction. This can be very important for employment, housing, reputation, and moving forward after a criminal case. However, the relief is not the same as saying the conviction never existed. In a later criminal case, the prior conviction can still be pleaded and proved, and it has the same effect as if probation had not been granted and the case had not been dismissed.
There are also disclosure exceptions. A person who receives 1203.4 relief must still disclose the conviction if directly asked in an application for public office, state or local licensure, or a contract with the California State Lottery Commission.
The statute has several important limits. Relief under section 1203.4 does not restore firearm rights. It does not allow a person prohibited from holding public office because of the conviction to hold public office. It also does not terminate an unexpired criminal protective order; the protective order remains in effect unless and until it expires or the court modifies or terminates it.
Some offenses are excluded entirely, including several serious sex offenses and certain Vehicle Code matters. Infractions are also excluded from subdivision (a), though other provisions may apply depending on the case. Certain Vehicle Code violations are generally excluded, but the court may still grant relief in its discretion and in the interests of justice if the person petitions for it.
One favorable feature is that unpaid restitution or an unpaid restitution fine cannot, by itself, be used to deny the petition. The statute says a petition may not be denied because restitution or a restitution fine remains unpaid, and unpaid restitution cannot be used to say the person failed to complete probation.
Penal Code section 1203.4 is the centerpiece of California’s traditional expungement system. It is best described as post-conviction dismissal after probation—not true erasure and not record sealing. It improves the public-facing posture of the conviction, but it leaves several consequences intact, including future criminal-case use, firearm restrictions, public-office disqualifications, licensing disclosures, and certain protective orders.
Penal Code § 1203.41 — “Expungement” After Prison
Penal Code section 1203.41 is basically a post-conviction dismissal statute for felony defendants who were not handled under ordinary probation-based 1203.4 relief—especially people sentenced to prison (either “local prison” under Penal Code § 1170(h) county jail felony sentencing, or to state prison).
Normally, one is not entitled to expungement if one was sent to prison. But California changed this recently, and now section 1203.41 allows a court, in its discretion and in the interests of justice, to dismiss certain felony convictions after the person has completed the sentence and waited the required period. Like traditional 1203.4 relief, the court may allow the person to withdraw a guilty or no contest plea and enter a not guilty plea, or set aside a guilty verdict, and then dismiss the accusation or information. The person is generally released from penalties and disabilities resulting from the conviction, subject to important exceptions.
The timing depends on the sentence. If the person received a split sentence under Penal Code section 1170(h)(5)(B), relief may be granted after one year from completion of the sentence. If the person received a straight county-jail felony sentence under section 1170(h)(5)(A), or was sentenced to state prison, relief may be granted after two years from completion of the sentence.
The person must not currently be on parole, under mandatory supervision, serving a sentence, on probation, or charged with a new offense. If the felony resulted in a state prison sentence, relief is not available if the conviction required sex-offender registration.
The limits are very similar to 1203.4. The conviction can still be pleaded and proved in a later criminal prosecution. The person must still disclose the conviction when directly asked in applications for public office, state or local licensing, certain tribal licensing, in-home supportive services provider enrollment, waiver personal care services, or California State Lottery Commission contracting. Relief does not restore firearm rights and does not remove a public-office disqualification.
Like 1203.4, unpaid restitution or an unpaid restitution fine cannot be used as the basis to deny relief. The prosecution must receive 15 days’ notice, and if the prosecutor does not appear and object, the prosecutor cannot later move to set aside or appeal the grant of relief.
Also like 1203.4, relief under 1203.41 does not terminate an unexpired criminal protective order. The protective order remains in effect unless it expires or the court modifies or terminates it.
Couzens Criminal Defense | Roseville, CA
If you have questions about sealing an arrest or expunging a conviction, we can help you understand which options apply to your situation and what steps to take next.
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