📅 2026 Update: Recent Changes to California Expungement Laws

Since the original article was published, several significant changes have occurred in California's expungement laws and related programs. This update highlights the new regulations and options available to individuals seeking to expunge their criminal records. For further details and the original information, please continue reading below.

🚀 New Programs and Regulations

In April 2026, the Office of Administrative Law approved regulations for the California Volunteer and Employee Criminal History Service (CalVECHS) Program. This program will provide essential criminal history information for volunteer and employee background checks starting July 1, 2026. This change is expected to improve transparency and accessibility for those involved in community service.

📜 Enhanced Privacy Rights

On September 27, 2026, Governor Newsom signed the Expanding Privacy Rights Act (SB 923). This law enhances deletion rights under the California Consumer Privacy Act (CCPA). Individuals will have greater control over their personal data, making it easier to manage their privacy in relation to criminal records.

📅 New Deletion Platform

A new platform called the Delete Request and Opt-out Platform (DROP) was established by the California Privacy Protection Agency. Effective January 1, 2026, this platform allows residents to submit a single deletion request to multiple active data brokers, simplifying the process of removing personal information from public databases.

💰 Updated Fees and Waivers

As of 2026, filing fees for expungement petitions continue to vary by county. For example, in Solano County, the fee for certified copies is $40. Individuals who cannot afford these fees may submit Form FW-001 to request a fee waiver, covering all necessary court costs if granted.

📌 Summary of Key Points

  • CalVECHS Program begins July 1, 2026, for background checks.
  • Expanding Privacy Rights Act (SB 923) enhances deletion rights.
  • DROP platform allows for streamlined deletion requests from data brokers.
  • Filing fees vary by county; fee waivers are available for those in need.

💡 Tips for Navigating Expungement in California

Review the details of your situation with your attorney to ensure you understand your options.

📝 Understand Eligibility

Before filing an expungement petition, confirm your eligibility. Some convictions, like murder or kidnapping, are not eligible for expungement under California laws. Knowing your eligibility can save time and resources.

⏳ Prepare for Processing Times

Processing times for expungement petitions differ by county. Some counties, like Riverside, do not specify their processing times, so be prepared for possible delays. It's wise to start the process early to avoid any surprises.

📄 Complete the Right Forms

To expunge a conviction, you must file a Petition for Dismissal in the court where your case was heard. Each court, such as the Superior Court of California, County of San Diego, provides specific forms and instructions for this process.

📅 Keep Track of Deadlines

While there are no strict deadlines for filing an expungement petition, you should ensure you meet all eligibility criteria as the process can take several months. Staying organized can help streamline your efforts.

🤝 Seek Free Assistance

Utilizing these resources can provide valuable guidance through the legal process.

❓ Frequently Asked Questions

❓ What types of convictions are ineligible for expungement?

Certain serious crimes, including murder, kidnapping, and sex offenses requiring registration, cannot be expunged in California. Understanding these ineligibilities is crucial before applying.

📅 How long does the expungement process usually take?

The processing time for expungement petitions varies by county and can take several months. Some counties do not specify exact timelines, so applicants should be prepared for potential delays.

📝 What is the fee waiver process like?

Individuals seeking to waive their filing fees must submit Form FW-001. This form requires details about income and expenses to demonstrate financial hardship, which will be reviewed by the court.

🔍 Can I check the status of my expungement petition?

Yes, individuals can typically check the status of their expungement petition by contacting the court where they filed. Each court may have its own process for providing updates.

👶 What is the process for sealing juvenile records?

To seal a juvenile record, individuals must complete and submit Form JV-595 to the court or probation department. The process typically takes at least three months.

🏢 Do employers have to disclose my criminal history?

Under the Fair Chance Act, most employers in California cannot ask about an applicant's criminal history before a conditional job offer is made. However, this law does not apply to all employers or positions.

⚖️ Recent Cases Related to Expungement

Recent court rulings have clarified various aspects of California's expungement laws, impacting how individuals can seek to clear their records.

For the latest updates and more recent rulings, you can check more rulings on the news page.

End of October 2026 Update





California, the country's most populous State, has among the most lenient expungement laws for non-violent offenders. The content of this article only contains information on expungement of records of crimes committed in the State of California. California law calls their version of expungements dismissals. However, for the purposes of this article, the term "expungement" will be coterminous with "dismissal." 

California allows citizens convicted of misdemeanors or felonies to file for expungement as long as the citizen in question was not sentenced to time in State prison. Only those who were sentenced to time in county jail, probation, fine, or any combination of those three may be eligible to have their criminal records dismissed.

Criminal records in California record arrests and convictions, even in instances of dismissal of a criminal case, those never going to prosecution, or if the charges were never filed. Criminal records may affect one's ability to get a job, a loan, or a special license.

California Expungement Laws

California residents sentenced to probation have to complete the entire probation sentence before they could file to have their records expunged. Other prerequisites include paying the total of the fines imposed and not currently serving a separate sentence for another offense. Citizens who never were sentenced to probation must be convicted of a misdemeanor to be eligible. Also, one year has to have passed since conviction. Other prerequisites include full compliance with the court's sentence, which translates to good behavior, and not currently serving another sentence.

The California resident must avoid criminal charges for at least a year since conviction. Persons who wish to have their probation sentence shortened for good behavior may do so without effect on the chances of expungement of their criminal records. 

After one has decided to apply for expungement in California, it important to give enough information as to reasons why a motion for dismissal of criminal records is necessary. After the individual's reasons are set before the judge by an expungement attorney or the individual, it is then up to the court to decide if the motion for expungement is in the interest of justice.

California also has many other mechanisms to expunge the criminal records of minor offenders. The California Department of Corrections has a program, called a "Diversion" program, in which one could earn criminal record expungement without going to court by doing educational courses and community service.

Persons convicted of minor marijuana offenses will automatically have their arrests and convictions expunged from their records two years after conviction. Expungement in California is generally faster due to the high volume of non-violent convictions in the State. Non-court related means of expunging the convictions and arrests of non-violent minor offenses is reasonable given that the stigma of arrest should not be the same for less severe crimes.

Juvenile offenders do not have their criminal records sealed upon their 18th birthday. Juvenile criminal records will remain on a person's record unless the adult affirmatively chooses to have his or her offenses sealed from the record. The courts that handle juvenile expungement in California are county juvenile courts.

After someone's criminal records are sealed or expunged in California, that person may apply for a job and legally deny the fact that they had been arrested. This helps in applying for a job. This also prevents someone from not being hired for a Government position or applying for a Government license.

California citizens with expunged records have lost their right to legally own a firearm until told otherwise by the court. Dismissed convictions may also be used to increase the severity of repeat offenses. Sex criminals, regardless of expungement, are still required to register as sex offenders under the Federal Megan's Law