The California Clean Slate Law lets the state clear many old arrest and conviction records automatically, without you filing anything in court. It comes from two laws, AB 1076 and SB 731. Each month, the California Department of Justice (DOJ) checks its records and grants relief to people who meet the rules.
If you have an old conviction holding you back from a job or an apartment, this law may already be working for you. But it has limits, it does not cover every crime, and it can take time. Below, we explain who qualifies, how long it takes, what it will not do, and what to do if you are left out.
What Is the Clean Slate Law in California?
“Clean Slate” is the common name for California’s automatic record relief system. It has two parts:
- Arrest record relief (PC 851.93): clears arrests that never led to a conviction.
- Conviction record relief (PC 1203.425): dismisses many convictions once you finish your sentence and stay out of trouble for a set time.
When relief is granted, your state record gets a note that says “relief granted,” with the date and the law used. You do not have to file a petition or a motion for it.
The key word is automatic. Before these laws, you had to file a petition in court to clear your record, and many people never did. Now the state does much of that work for you, as long as your record qualifies.
AB 1076 and SB 731: How California’s Clean Slate Law Started
California’s system grew in steps. Here is what each law did, in plain terms.
| Law | Signed | What it did |
|---|---|---|
| AB 1076 | October 8, 2019 | Created automatic relief. The DOJ began reviewing records monthly and clearing eligible arrests and many lower-level convictions without a petition. [VERIFY scope of original AB 1076] |
| SB 731 | September 29, 2022 | Expanded relief, with most changes in effect by July 1, 2023. It added many felony convictions after a four-year waiting period and opened petition relief for people sentenced to state prison. [VERIFY exact operative dates] |
| AB 168 | 2024 | Updated the automatic relief law. The current version covers arrests and convictions from January 1, 1973 onward, with monthly DOJ reviews “subject to an appropriation in the annual Budget Act.” |
With SB 731, California became the eighth state to pass a Clean Slate law, according to the Clean Slate Initiative, a national group that tracks these laws.
That last phrase matters. It means the reviews depend on the state funding them each year, which is one reason relief can take longer than people expect.
Say you were convicted of a misdemeanor in Bakersfield in 1998 and finished probation. Under the current law, that conviction can qualify for automatic relief, even though it happened decades before these laws passed.
What the Clean Slate Law Clears, and How Long It Takes
This is the part most people want to know. The waiting period depends on what is on your record.
| What is on your record | When it can be cleared automatically | Law |
|---|---|---|
| Misdemeanor arrest, charge dismissed | Once the charge is dismissed | PC 851.93 |
| Misdemeanor arrest, never charged | 1 year after the arrest | PC 851.93 |
| Felony arrest, never charged | 3 years after the arrest | PC 851.93 |
| Felony arrest for a crime punishable by 8+ years, never charged | 6 years after the arrest | PC 851.93 |
| Arrest that ended with diversion you completed | Once diversion is completed | PC 851.93 |
| Any conviction where you completed probation without it being revoked | Once probation ends | PC 1203.425 |
| Misdemeanor or infraction with no probation | 1 year after judgment, once the sentence is done | PC 1203.425 |
| Felony (not serious, violent or sex-registration) | 4 years after you finish all supervision, with no new felony conviction | PC 1203.425 |
A few terms explained:
- Probation “without revocation” means the judge never took your probation away for breaking its rules.
- Supervision includes parole, mandatory supervision and post-release community supervision, which is when a county probation officer checks on you after release.
- Diversion is a program you complete instead of going through a normal prosecution, such as a drug or mental health program.
For example, say you were sentenced to two years of county jail for a felony theft and released on mandatory supervision that ended in 2021. If you have no new felony since, you could qualify for automatic relief in 2025.
What Happens When Your Record Is Cleared (and What Doesn’t Change)
Automatic relief helps, but it does not erase everything. The California Courts self-help guide puts it plainly: true expungement does not exist in California. Here is what you get and what stays the same.
What relief does:
- Arrest relief treats the arrest as if it never happened, and you are released from the penalties tied to it.
- Conviction relief dismisses the conviction and releases you from most penalties and disabilities that came with it.
- Your state record is marked “relief granted,” and many employers can no longer consider the conviction (see the jobs section below).
What relief does not do:
- Gun rights are not restored. If the conviction stopped you from owning a gun, that ban stays in place.
- It can still count as a prior. If you are charged with a new crime later, the old conviction can be used against you as if it had never been dismissed.
- You must still disclose it when asked on an application to become a peace officer or for public office, and for some state contracts and in-home care provider enrollment.
- Police and courts can still see it. Criminal justice agencies keep access to the record.
- Some orders stay in effect, such as a ban on holding public office or a criminal protective order that has not expired.
Can a prosecutor block automatic relief?
Yes. The prosecutor or probation department can file a petition at least 90 days before you become eligible, arguing that relief would be a “substantial threat to the public safety.” If the judge agrees, the DOJ cannot grant you automatic relief. You can still try other ways to clear your record, which we cover below.
Expunged vs. Sealed Records: What’s the Difference?
In California, “expungement” is the everyday word for a conviction dismissal. “Sealing” usually refers to clearing an arrest that did not lead to a conviction. Here is how they compare.
| Conviction dismissal | Arrest relief (sealing) | |
|---|---|---|
| What it covers | A conviction | An arrest that did not end in a conviction |
| What happens | The conviction is set aside and the case dismissed | The arrest is treated as if it never happened |
| Laws | PC 1203.425 (automatic) or PC 1203.4 (petition) | PC 851.93 (automatic) or PC 851.91 (petition) [VERIFY 851.91] |
| Can it still count later? | Yes, it can be used as a prior in a new case | It does not bar a prosecution that is still within the time limit |
Crimes That Can’t Be Expunged Automatically in California
Some records are left out of automatic relief. These are the main ones:
- Anyone required to register as a sex offender under PC 290 is not eligible for automatic conviction relief.
- Serious and violent felonies (listed in PC 1192.7 and PC 667.5), such as robbery or assault with a deadly weapon, are left out of the four-year felony path. If you completed probation on one of these, ask a lawyer whether the probation path covers you. [VERIFY]
- Cases with missing information in the DOJ’s electronic records. The law only grants automatic relief when the needed details are there, so incomplete or old paper records may be skipped.
- People currently serving a sentence, on supervision, or with charges pending.
- Federal convictions. California’s law only covers California state records.
Some crimes can’t be cleared by petition either. A PC 1203.4 dismissal is not available for certain sex crimes against children, such as lewd acts with a child (PC 288) and child pornography offenses (PC 311.1 to 311.11).
Being left out of automatic relief does not always mean you are stuck. Many people in this group can still ask a judge for relief, which we explain below.
How to Check if Your Record Was Cleared
Relief is granted without a court hearing, so the surest way to know is to look at your own record.
- Request your California record from the DOJ. Fill out Live Scan form BCIA 8016RR, mark “Record Review,” and take it to any Live Scan fingerprint location. The DOJ charges a $25 fee, and you may qualify for a fee waiver. The fingerprint site charges its own separate fee. Details are on the California DOJ Record Review page.
- Look for the words “relief granted.” If relief was granted, the law requires that note next to the arrest or conviction, along with the date and the law used.
- Check the court record too. Contact the court clerk where your case was heard. In Kern County, that is usually the Superior Court’s Metro Building at 1415 Truxtun Avenue in Bakersfield.
Say you apply for a warehouse job and the background check still shows a 2016 misdemeanor you thought was cleared. Pulling your DOJ record shows whether relief was granted, or whether you need to file a petition instead.
Not Eligible for Automatic Relief? Other Ways to Clear Your Record
If automatic relief skipped you, a judge may still be able to help. These options need a petition, which is a written request filed with the court.
Infographic note for the designer: recreate this flow in the site’s brand colors and export as a PNG with alt text “Flowchart showing when a California record is cleared automatically and when a petition is needed.”
| Your situation | Option | Law |
|---|---|---|
| You finished probation | Ask the court to dismiss the conviction | PC 1203.4 |
| You served a felony sentence in county jail | Ask for dismissal 1 or 2 years after finishing, depending on the sentence | PC 1203.41 |
| You served a felony sentence in state prison | Ask for dismissal 2 years after finishing, if you do not have to register as a sex offender | PC 1203.41 |
| You were sentenced before 2011 for a crime that would now be a county jail felony | Ask for dismissal under a special rule | PC 1203.42 |
| Your felony was a wobbler | Ask to reduce it to a misdemeanor first | PC 17(b) |
A wobbler is a crime that can be charged as either a misdemeanor or a felony. Reducing it means the conviction is treated as a misdemeanor from then on.
If you completed probation, the court generally must grant a PC 1203.4 dismissal. Most of the other options are up to the judge, who looks at how you have lived since the case. That is where a lawyer can make a real difference, and where the cost of getting your record expunged is worth weighing against what you stand to gain.
California Background Check Laws After Your Record Is Cleared
California’s Fair Chance Act, often called the “Ban the Box” law (Government Code 12952) protects job seekers with a record. If an employer has five or more employees:
- It cannot ask about convictions on a job application.
- It cannot ask about or consider your conviction history until after it makes you a conditional job offer.
- During a background check, it cannot consider arrests that did not lead to a conviction, diversion programs, or convictions that were sealed, dismissed or expunged.
So once your conviction is dismissed through automatic relief or a petition, employers covered by this law cannot hold it against you.
There are exceptions. The law does not apply to jobs where a background check is required by law, jobs with police or other criminal justice agencies, farm labor contractors, and some other positions. If you are applying for one of these, the conviction may still come up, so it helps to know how a dismissal compares to an expungement before you answer any application question about your past.
Renting a home after your record is cleared
California’s fair housing rules protect renters too. According to the California Civil Rights Department, landlords and other housing providers cannot consider:
- Arrests that did not lead to a conviction
- Convictions that were sealed or expunged, unless you bring them up yourself
- Juvenile court cases
- Diversion programs you took part in
Landlords should also wait to look at criminal history until after they check your income and other qualifications, and give you a chance to explain. Courts are also required to keep cleared cases out of the public searches that tenant screening companies use. [VERIFY: second source for the court rule beyond CalMatters]
Say you apply for an apartment in southwest Bakersfield and the screening report still lists a dismissed conviction. You can point the landlord to your dismissal and, if needed, file a complaint with the Civil Rights Department.
Free and Paid Help Clearing Your Record in Kern County
If you live in Kern County, you have two main paths:
- The Kern County Public Defender’s Clean Slate Program offers free, confidential help cleaning up a criminal record. You can reach it at [email protected] or (661) 868-4799.
- A private defense lawyer can move faster on petitions, handle felony reductions, respond if a prosecutor objects to your relief, and look at several cases at once.
Say automatic relief cleared two of your old misdemeanors but skipped a 2012 felony you served in county jail. That felony needs a petition, and a judge has to agree. Our expungement attorney in Bakersfield can review your full record and file what is needed.
Frequently Asked Questions
Did SB 731 pass, and is it automatic?
Yes. SB 731 was signed on September 29, 2022, and its main changes took effect in 2023. Most relief under it is automatic, but some people still need to file a petition, especially those who served a prison sentence or were left out of automatic relief.
Does SB 731 restore gun rights?
No. Relief under California’s Clean Slate Law does not restore your right to own or have a gun if the conviction took that right away.
Can I clear my record myself in California?
Yes. Automatic relief needs no action from you. For a petition, you can use the court’s own forms and instructions on the California Courts self-help site. Many people still get help from a lawyer or the public defender, because the rules depend on the details of each case.
Do felonies go away after 10 years in California?
No. A felony does not disappear on its own just because time passes. Under the Clean Slate Law, many felonies can be cleared four years after you finish supervision, but only if you meet the rules. Others need a petition, and some cannot be cleared at all.
Talk to a Bakersfield Record Clearing Lawyer
If an old arrest or conviction is still showing up on your background check, call the Law Office of David L. Faulkner at (661) 324-4777 or schedule a free consultation. We will review your record, tell you what the state may clear on its own, and explain what a petition could do for the rest.
