How to clean a criminal record

Certain individuals may be eligible to clean and have their criminal record expunged. Depending on the case, some convictions may be expunged from the record to indicate that they were not convicted of that crime.

However, in other cases, some sentences can be reduced from a felony to a misdemeanor. 

At Lluis Law, our Los Angeles criminal defense lawyers are here to guide you through the process and help you achieve a clean, conviction-free record.

How can I clean my criminal record in Los Angeles, California in 2025?

To clear your criminal record in LA, you will first need to understand the steps involved in the process. 

This legal process can be overwhelming, but with proper guidance it can be made much more accessible. 

Below we explain the key steps to clean your criminal record:

Step 1: Contact a criminal Defense lawyer in Los Angeles

Clearing a criminal record is a complicated process that requires complying with several requirements and forms. 

Therefore, a criminal defense attorney can streamline the process and prevent errors that may result in the rejection of the application.

Step 2: Complete the necessary forms

Completing the proper forms is essential to clearing your criminal record. However, every case is different and selecting the wrong form could delay the process. 

Below we provide a brief overview of the most common forms:

• Petition to dismissal : To remove convictions for misdemeanors or non-traffic violations.
• Request to seal and destroy arrest records : Applies when no charges were filed or if charges were dismissed.
• Petition after completion of drug diversion: To vacate the conviction after completing a treatment program for nonviolent drug possession offenses.
• Felony reduction to misdemeanor and dismissal: Some felony convictions may be reduced to misdemeanors if you have served the appropriate probation or sentence. It also allows for certain misdemeanors to be dismissed.
• Petition for rehabilitation and pardon of a felony : For those who were sentenced to state prison for serious crimes.

Note: Do not attempt to select or complete these forms without first consulting with our attorneys. Each case has its own particularities and at Lluis Law we will ensure that you receive the necessary advice to maximize your chances of success.

Step 3: Apply to clean your criminal record

Once the forms are completed, they must be submitted to the court that handled your case. The court will usually respond within five months. 

Step 4: Attend the hearing 

In some cases, it will be necessary to attend a hearing (our lawyer will guide you through the entire process). 

The final decision is up to the judge, who will evaluate factors such as compliance with the conditions of probation and the absence of new crimes. In simpler terms, you should have maintained good behavior.

Step 5: Reapply if rejected (optional)

If your application is rejected, you may re-apply after six months, adjusting the required details. 

If granted, the attorney will arrange for the case to be sealed so that it is not visible to the public, and you will be able to deny having a criminal record in most situations.

Key points to consider before clearing your criminal record

Clearing your criminal record can be life-changing. Here are five key points to consider before you get started:

• You may be eligible for expungement if you completed your probation and were not sentenced to state prison;
• Under SB 731 and AB 1076, sealing of records is an automatic process if the court dismisses your case;
• Once expunged, you will not be required to disclose this record to an employer, even after receiving a conditional job offer;
• You will not be eligible if you have an open criminal case or if your conviction was for a serious, violent, or sexual offense;
• If you are unable to expunge your record, you may be able to explore alternatives such as a certificate of rehabilitation, a pardon from the governor, or a commutation of sentence.

If you are charged with violent or sexual crimes, do not despair. At Lluis Law we have violent crimes lawyers and sex crimes lawyers in Los Angeles ready to defend you. Call us today, as time is of the essence in these matters. 

How does the process to expunge a criminal record work in Los Angeles, California?

In Los Angeles, the process for clearing criminal records is governed by California Penal Code Section 1203.4. 

This allows the penalties associated with a conviction to be removed, providing a fresh start. 

If eligible, you may improve your employment opportunities and make it easier to obtain or maintain professional licenses in the state.

At what age do I have the right to seal my criminal record?

From the age of 18, you have the right to request the sealing of your criminal record, which guarantees that it cannot be consulted by third parties. 

These records will be completely expunged five years after being sealed.

Note: If you do not request sealing and destruction of your juvenile records, they will remain on your record until age 38, at which time they will be destroyed.

What would have happened if I had been sentenced to county jail? 

If you had been sentenced to county jail, you may be eligible to have your conviction vacated if the crime would have been treated differently under the 2011 Proposition 47 legislation. 

This option is available under California Penal Code Section 1203.42. However, it is not automatic and the court has the discretion to grant it.

To qualify, you must have served at least two years and not be on parole, serving a sentence, or charged with another crime.

What requirements do I need to meet to Clean my criminal record in California?

Under expungement law code 1203.4, it is possible to remove misdemeanor and felony convictions from your criminal record, provided you meet certain conditions. For example:

• Not having been convicted of specific felonies;
• Have satisfactorily completed the terms of probation, with no violations or new arrests;
• If there was no parole, at least one year must have passed since the conviction;
• Not facing charges or on probation for another crime.

Expungement of Felonies

Felonies may be expunged if all terms of probation have been completed. 

If there was a probation violation, the judge has discretion to allow expungement, depending on the severity of the violation.

Expungement of Misdemeanors

Misdemeanors may be expunged upon completion of probation, provided there are no new charges. 

Judges also have discretion to expunge convictions if there was a probation violation.

Drug related crimes

If you completed a drug rehabilitation program, your record should reflect the dismissal. 

If you did not complete the program, the conviction could remain on your record. It is worth noting that convictions for possession of marijuana for personal use are automatically expunged after two years.

Note: This clearance only applies to personal use and not to cases of drug cultivation, sales or transportation.

How much does it cost to have my criminal record expunged in California?

The cost of having your criminal record expunged in California can vary depending on several factors. These typically include filing fees which can range from $50 to $500.

If you decide to hire an attorney, fees may also vary. Some attorneys charge a flat fee, which can range from several hundred to thousands of dollars, while others charge by the hour.

Note: There are free or low-cost resource options, such as legal organizations or pro bono attorneys, that can help you reduce the costs of the process.

Can I clean my criminal record if I violated or breached my probation?

If you violated or failed to comply with your probation, you may still be eligible to clean your criminal record. 

The court will hold a hearing to evaluate your case and determine whether, despite the violation, you are still a good candidate for expungement. However, it will first consider factors such as: 

• Your performance during probation;
• The seriousness of the crime; and
• Other relevant elements.

Is my criminal record expunged after 7 years in California?

The short answer is no, in California, your criminal record is not automatically expunged after seven years. 

What’s more, the conviction remains on your record unless it is legally vacated or reduced to a lesser offense through legal proceedings.

How many years must pass before a criminal record is expunged?

The length of time it takes to clean a criminal record and have it expunged depends on the type of case and the specific circumstances. 

Below is the wait time in California for eligible cases:

• Misdemeanor arrest without charge: 1 year after arrest.
• Misdemeanor charge dismissed: Immediately upon dismissal.
• Misdemeanor conviction with probation or other criteria: Immediately after qualifying.
• Misdemeanor conviction without parole: 1 year after case closure.
• Felony arrest without charge: 3 years after arrest.
• Felony charge dismissed: Immediately upon dismissal.
• Felony conviction with probation (except serious, violent, or sexual crimes): Immediately upon completion of probation.
• Felony conviction without parole (except serious, violent, or sexual crimes): 4 years after case closure.

Note: Starting in July 2024, some records are automatically sealed. Please consult with our attorneys to verify whether you need to file a formal request based on your case.

Is it possible to expunge a criminal record from a trial with a guilty verdict that was later vacated or overturned?

Generally, yes, it is possible. 

Therefore, when a court vacates or reverses a guilty verdict, the law deems the original conviction to be of no effect, allowing you to qualify for expungement or sealing of that criminal record.

What crimes can be expunged from a criminal record?

In California, many misdemeanors and some felonies can be expunged from criminal records if certain requirements are met. Typically eligible offenses include:

Misdemeanors

• Drug possession of small quantity for personal use;
• Traffic offenses. For example, driving under the influence (DUI) in certain conditions;
• Theft, petty theft such as shoplifting or theft of low-value goods;
• Domestic violence;
• Vandalism in California;
• Alcohol-related offenses, such as possession of alcohol or public drunkenness.

Felonies

• Non-violent crimes. For example, small-scale fraud and some financial crimes.
• Parole-eligible crimes, such as serious crimes reduced to minor offenses after fulfilling judicial conditions.

What crimes cannot be expunged from a criminal record?

Not all crimes are eligible for expungement. In California, felonies involving violence, weapons, child abuse, and other extremely serious crimes are typically not expungable. These include:

Violent crimes

• Murder: Premeditated or first-degree murder;
• Sexual crimes: Rape and child abuse;
• Kidnapping: Especially with aggravating circumstances or ransoms involved;
• Violent robbery: Such as armed robbery;
• Assault with weapons: Use of deadly weapons.

Crimes involving the use of weapons

• Use of firearms during a crime;
• Illegal possession of weapons by repeat offenders.

Related to substances

• Traffic;
• Sale; and 
• Manufacture of illegal drugs.

Against minors

• Child pornography;
• Lewd acts with a minor;
• Serious cases of child abuse or neglect. 

Other crimes

• Hate crimes based on race, religion, gender or sexual orientation;
• Corruption and embezzlement, including abuse of power and misappropriation of public funds;
• Habitual recidivism in criminal activities.

What are the benefits of clearing criminal records?

Cleaning your criminal record in California offers several important benefits:

• Employers cannot discriminate against you based on expunged convictions when you apply for a job;
• Facilitates obtaining a state professional license;
• Expunged convictions cannot be used to question your credibility as a witness in court, unless you are the defendant in a subsequent case;
• Allows removal of restrictions on travel to Canada;
• In certain cases it can help avoid immigration consequences such as deportation.

Limitations on Expungement in California

While expungement offers many benefits, it also has certain limitations. For example, you cannot:

• Revoke the suspension or revocation of a driver’s license;
• Restore gun rights;
• Eliminates the requirement to register as a sex offender in California.

Additionally, expunged convictions may still be considered. For example, if a DUI conviction is expunged, that conviction may still count if you are arrested again for a similar offense.

Also, an expunged conviction that would be considered a “strike” under California’s 3 strikes law is still a strike.

What happens if I don’t clean my criminal record in Los Angeles?

If you do not clear your criminal record, you could face several serious consequences, such as:

• Difficulty in obtaining employment, renting or buying a home, or accessing bank or student loans;
• Limitations on obtaining professional licenses or credentials, such as teaching credentials;
• Inability to vote;
• Ineligibility to obtain certain immigration reliefs or processes. In fact, there are several criminal bars to citizenship. Therefore, you must avoid committing them or be eligible to clear them.

Clearing your criminal record will allow you to enjoy the rights of a law-abiding citizen without fear of being limited by your criminal past.

How can I check if my criminal record is clean?

To confirm whether your record is clean, you will need to check your criminal record by following the procedure listed on the Attorney General’s website. 

You can access the necessary information through this link.

Frequently Asked Questions About the Criminal Record Clearing Process in Los Angeles, California

What does it mean to successfully complete probation?

Successfully completing probation means that you:

• Complied with all the conditions set out, including paying fines, completing community service programs, and more.
• Attended all required court hearings, either in person or through your attorney.
• You did not commit any new crimes during your probation.

What is the difference between expungement and sealing of criminal records?

The main difference is that deleting records removes them completely, as if they never happened. 

On the other hand, sealing records hides them from the public, but some agencies and employers can still view them.

What happens to my past convictions for marijuana possession?

If you had past convictions for marijuana possession, the California Department of Justice should have reviewed and expunged those convictions from your record if they are no longer considered crimes following the legalization of recreational use.

Find out all about California marijuana laws on our blog.

Can I get a Green Card or American citizenship if I committed a serious crime?

Even if you have committed a serious crime, you may be able to obtain a Green Card or US citizenship. 

Our attorneys at Lluis Law can help you reduce your sentence, have it vacated, or avoid immigration issues such as deportation.

What is the Governor’s Pardon and Certificate of Rehabilitation?

The Governor’s Pardon is the maximum relief following a criminal conviction and can be requested after 10 years or earlier with a Certificate of Rehabilitation (COR). 

This certificate protects certain licenses, facilitates pardons, and shows employers that you are rehabilitated, preventing discrimination.

How can our Los Angeles criminal defense attorneys help you clean your criminal record? 

Our attorneys can help you expunge your criminal record through a legal process that expunges or reduces specific convictions, depending on the circumstances of your case.

Now you know how to clear or erase your criminal record in California, United States. 

This process will not only allow you to legally indicate that you were not convicted of certain crimes, but it will also open up new job opportunities and improve your quality of life.

At Lluis Law, we are here to guide you through every step of the process, from assessing your eligibility to representing you at court hearings. Contact us today to get started.