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Criminal Expungement Research Guide

What is expungement?
If you were convicted of an infraction, a misdemeanor, or a felony, you can petition for an expungement. An expungement is a dismissal of your conviction. It reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person and your record will be changed to reflect that.
However, the case itself will still exist, and the expungement will appear on your record. The record will now say “dismissed”, as opposed to “convicted”.

When am I eligible for expungement?
There are various elements involved in determining whether you are eligible for expungement. They include:

  • Probation status
  • Payment of court fines, fees, restitutions, or reimbursements
  • Conviction status (infraction, misdemeanor, felony)
  • Sentencing

How do expungements effect employment?
The Fair Chance Act (CA Gov. Code sec.12952, linked below) limits what conviction information California employers can ask for and how an applicant's conviction history can be considered in the hiring process. According to the California Civil Rights Department, employers cannot consider "Convictions that have been sealed, dismissed, expunged or statutorily eradicated" after a job offer has been made.

Disclosure of an expunged conviction is generally required when applying for a government job or government-issued license. See the Riverside Superior Court's Expungement information page for more.

Recommended Resources
Online:

California Judicial Branch Self-Help: Clean Your Record

Riverside Superior Court Expungement Packet

Sacramento County Public Law Library Expungement Guide (Sacramento County)

County of Riverside Public Defender Fresh Start Program

Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)

Matthew Bender Practice Guide: California Criminal Defense Practice (Lexis)
Available in print: Riverside, Palm Springs
Call Number: KFC 1155 .C3
See Division XI Chapter 103

California Criminal Practice, Motions, Jury Instructions and Sentencing 4th (Westlaw)
Available in print: Riverside, Palm Springs
Call Number: KFC 1155 .A65 R84
See Chapter 76 Part VII

California Criminal Law Procedure and Practice (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 1155 .A75C327 CEB

Pertinent California Codes:
CA Penal Code sec.1203.4-1203.41

CA Government Code sec.12952

Please Note: The information presented in this research guide is intended to provide a
foundation for legal research. For information pertaining to your case please consult with an
attorney, court facilitator, or specialist.

Revised 10/29/25


 

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