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Generally, if you were convicted of an infraction, misdemeanor, or felony and were not sentenced in state prison, you may be able to have your record expunged under California Penal Code 1203.4. Infractions, also known as violations, refer to petty offenses such as speeding tickets or some drug possession crimes.

It is a common misconception that felony cases cannot be expunged; this is incorrect- if a felony conviction resulted in successful probation (not an actual prison sentence) the case can probably be expunged. Certain sex offenses are specifically exempted from expungement.

The expungement process takes about 90 days from the date that you file your petition. - The State's Attorney's Office has 30 days from when they receive the petition to object to any petition for expungement.

What Does Expungement Mean in California? The term ?expungement? refers to the process of petitioning a court to set aside a previous conviction. Under California Penal Code section pc 1203.4, expungement is available in any case in which the court ?determines that [the] defendant should be granted? relief.?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.