What is “expungement”(a dismissal) in California?

Expungement (also called dismissal) is a way to clean up your record, by limiting the criminal history information that certain people can see in your background check[2988] and relieves you of some of the consequences associated with your conviction.

An expungement is also called a “dismissal” because your case is actually reopened by the court, the “finding of guilt” (your guilty or no contest plea, or guilty verdict) is withdrawn, and a plea of not guilty is entered. The court will then dismiss your case, and your record will be changed to show a dismissal (under Cal. Penal Code § 1203.4) rather than a conviction.

Getting your conviction expunged hides the conviction from certain people when they run a background check on you. For example, most private employers are NOT allowed to see a conviction that has been expunged.[2989] Additionally, most private employers CANNOT ask you about, or even consider, a conviction that has been expunged when you apply for a job.[2990] For information on how to get a conviction expunged, see PG. 965.

IMPORTANT: Expungement does NOT erase the offense from your criminal record or RAP sheet. But it DOES change your record to show the conviction was dismissed.[2991]

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  1. 2988

    Cal. Penal Code § 1203.4.

  2. 2989

    Cal. Civ. Code § 1786.18.

  3. 2990

    Cal. Lab. Code § 432.7.

  4. 2991

    Cal. Penal Code § 1203.4; see Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm.