How to Expunge Your Record in California for Free (2026 Step by Step)
By Char Sparkle, J.D. · 8 min read
The short answer
In California you file a Petition for Dismissal (form CR-180) in the court that handled the original case, request a fee waiver on form FW-001 if you cannot afford the fee, serve the district attorney, and appear at the hearing. Most misdemeanor and many felony convictions qualify under Penal Code section 1203.4. Filing costs are waivable. You do not need an attorney.
Who qualifies under Penal Code 1203.4
You qualify if you completed probation, paid all restitution, are not currently on probation or charged with a new offense, and the offense is not on the excluded list, which is mostly serious sex offenses and vehicular felonies.
Step 1: Pull your rap sheet
Request your California Department of Justice record for $25 or free with a fee waiver. Without it you are guessing at case numbers and dates, which is the fastest way to have a petition rejected at intake.
Step 2: File form CR-180
One form per conviction. File in the court that handled the original case, not the court closest to where you live now. If you have moved, that is the single most common trip-up.
Step 3: Request a fee waiver on FW-001
If your income is under 125 percent of the federal poverty line, or you receive certain benefits, the filing fee is waived. Attach FW-001 to CR-180. Do not skip this. The fee is real money.
Step 4: Serve the district attorney
The DA has 15 days to respond. Miss the follow-up and an objection can quietly kill the petition.
Step 5: The hearing
Bring three copies of everything. Bring letters of rehabilitation if the relief is discretionary. Dress like you are respecting the court, because you are.
After the order: telling employers
Once the court grants the petition, you can lawfully answer no on most private employment applications about the conviction. Government and licensing applications have their own rules.
Frequently asked
How much does it cost with a fee waiver?
Zero for the filing fee. You might pay for the DOJ rap sheet ($25) unless you also request a fee waiver for that.
How long does the whole California expungement take?
Usually 60 to 120 days from filing to order.
Does an expungement show up on a background check?
The conviction is marked as dismissed under 1203.4. Most private employers cannot use it against you.
About the author
Char Sparkle, J.D.
Creator of the Secure Your Sparkle™ Framework. Christian woman, Juris Doctor, and founder of Char Sparkle & Co. Char writes for the faith-forward woman protecting her faith, family, and future.
Educational content only. Not legal advice.
