Are You Eligible for a Criminal Record Expungement Under California’s Clean Slate Act?

March 4, 2025 | Nafiz M. Ahmed

A criminal record can prevent you from getting the job you want or obtaining housing where you want to live. A mistake made years ago could continue to impact your personal and professional life.

Expungement laws vary by state. In California, the expungement process is called “cleaning your record.” The process of cleaning your record depends on many factors, including the type of criminal conviction and when your conviction was entered.

If you expunge a criminal conviction from your record, it could change your life for the better. Learn about new developments in California law on the topic below.

Criminal Record Expungement Under the Clean Slate Act

California passed the Clean Slate Act in 2019. The law became effective on January 1, 2021. It mandated an automatic process for expunging criminal records for individuals convicted of some crimes on or after the effective date.

However, SB 731, which went into effect in 2023, expanded the previous law to include convictions and arrests dating back to January 1, 1973. Under the old law, individuals with convictions before January 1, 2021, had to petition the court for expungement.

The new law also includes certain felony convictions if the crime resulted in a state prison sentence. Under the previous law, eligible felonies could only be expunged if the conviction did not result in a state prison sentence.

This relief is automatic in most cases. A person does not need to do anything to have their criminal record expunged if they qualify under the new law.

Sealing Arrest Records Under the New Clean Slate Laws

If you were arrested but not convicted, your arrest may be eligible to be automatically sealed. When your arrest record is sealed, it does not appear on any public record or background check. Your arrest record is only available to law enforcement officers, courts, and the District Attorney.

Whether your arrest is eligible to be automatically sealed depends on the type of charges. Misdemeanor arrests may be sealed if any of the following apply:

You were arrested, but the state did not file charges, and one year has passed since your arrest
You completed a diversion program
You were found not guilty after a trial

The requirements for felony offenses are similar, but more time must have passed since your arrest (3-6 years, depending on the potential penalties that the alleged crime would entail if you had been convicted).

If your arrest record is sealed, you can answer “no” if you are asked if you have been arrested. Saying no to this question can be important if you apply for specific jobs, housing, or financial assistance.

Dismissing Convictions Under the New Clean Slate Laws

If your conviction is eligible, it may be automatically sealed and “dismissed” to clean your record. The requirements differ depending on the type of offense in question.

The eligibility requirements to have a misdemeanor conviction “cleaned” and dismissed are:

Your conviction occurred on January 1, 1973, or after
You do not have pending criminal charges
Your conviction did not require you to register as a sex offender
You are not serving a sentence for another offense
You have served any jail time and/or probation
You successfully completed probation, or at least one year has passed if you were not sentenced to probation.

The eligibility requirements to have a felony conviction “cleaned” and dismissed are:

You served your time and completed any post-release probation, community service, or parole
You are not currently on probation or parole for another crime
You do not have any pending criminal charges
You are not serving a sentence for any offense
You are not required to register as a sex offender
You don’t have any felony convictions since you finished your sentence for the felony you wish to dismiss
You were sentenced to state prison after January 1, 2005, and served your term

Individuals convicted of a violent or serious felony are not eligible for relief under the New Clean Slate laws, including murder, rape, and robbery. You are also not eligible if you had to register as a sex offender or did not successfully complete probation.

Get Help With an Expungement in California

If you need help expunging a criminal record, call an experienced criminal defense lawyer to discuss your legal options. Cleaning a criminal record can have a significant impact on your future, and most attorneys in this area of the law offer a free consultation to review your case.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500