California Clean Slate Act Explained: Was My Record Already Cleared Automatically?

Reviewed by Allison Cole, Attorney | Last updated: October 28, 2026

Since July 1, 2022, the California Department of Justice (DOJ) has reviewed its records every month. It grants relief to some eligible arrests and convictions without anyone filing a petition, and the program expanded on October 1, 2024. Not every case qualifies, though, and the relief has real limits. Below I explain how the California Clean Slate Act works, how to check your own record, and when a court petition may still help. If you’d like me to look at your situation, you can request a free consultation or call (408) 417-0477.

What Is the California Clean Slate Act?

“Clean Slate” is a common label, not the official title of a statute. It refers to the California laws that direct the DOJ to grant record relief automatically. Two Penal Code sections do most of the work:

• Penal Code section 851.93 covers certain arrests that did not lead to a conviction.
• Penal Code section 1203.425 covers certain convictions.

According to the DOJ, AB 1076 (2019) created automatic relief effective July 1, 2022, and AB 145 (2021) extended the review back to January 1, 1973. SB 731 (2022) added additional felonies and AB 567 (2023) added more convictions. AB 168 (2024) set both expansions to take effect October 1, 2024.

How the California Clean Slate Act works

Each month, under the California Clean Slate Act, the DOJ looks for records that meet the legal criteria. When it finds one, it adds a notation to the person’s state criminal history record (“relief granted” for convictions, “arrest relief granted” for arrests). It also notifies the superior court that handled the case, and the court must then limit disclosure of that record, with certain exceptions.

There is one important condition: under both statutes, relief is granted only “if the relevant information is present in the department’s electronic records.” That condition is where many people’s cases run into trouble.

Is This an “Automatic Expungement” in California?

People often search for “automatic expungement California,” but technically this is not an expungement. In the DOJ’s words, automatic record relief “is not a dismissal, sealing or expungement” of your state criminal history record. The arrest or conviction stays on your DOJ record, and the notation controls what is released on certain background checks.

Which Arrests Are Cleared Automatically (PC 851.93)?

An arrest on or after January 1, 1973 may qualify for automatic relief if it meets one of these conditions in PC 851.93(a)(2):

• Misdemeanor arrests: the charge was dismissed. Or no criminal proceedings appear to have been started, at least one calendar year has passed since the arrest, and there was no conviction (or there was an acquittal).
• Felony arrests: no criminal proceedings appear to have been started, at least three calendar years have passed since the arrest, and there was no conviction (or there was an acquittal). The wait is six years if the offense is punishable by eight years or more.
• Diversion: the person successfully completed a qualifying diversion or deferred entry of judgment program related to the arrest.

When arrest relief is granted, the statute says the arrest is “deemed not to have occurred,” and you may generally answer questions about it accordingly. That rule has exceptions. You must still disclose the arrest when applying to be a peace officer. Criminal justice agencies can still use the record, and a prosecutor can still file charges within the statute of limitations. Firearm restrictions and public office bars are unchanged, and some care facility licensing checks are not affected.

Which Convictions Are Cleared Automatically (PC 1203.425)?

Under PC 1203.425(a)(1)(B), you may be eligible if all of the following are true:

• You are not required to register under the Sex Offender Registration Act.
• You are not under active local, state, or federal supervision.
• The DOJ’s records do not show that you are serving a sentence or have pending charges.
• The conviction occurred on or after January 1, 1973.

Probation, misdemeanor, and infraction convictions

A conviction may qualify if the records show you completed probation without revocation. Misdemeanor and infraction convictions may also qualify once the sentence appears complete and at least one calendar year has passed since judgment.

Felonies and the four-year rule (SB 731)

Other felony convictions may qualify if the records show you finished all incarceration, probation, mandatory supervision, postrelease community supervision, and parole. Four years must also have passed since you completed probation or supervision, without a new felony conviction. This rule does not apply to serious felonies (PC 1192.7(c)), violent felonies (PC 667.5), or felonies that require registration under PC 290.

Why Automatic Relief May Be Incomplete

Missing or incomplete records

The DOJ reviews records going back more than 50 years, created under changing reporting standards. If a disposition or a probation completion date is missing, the system may not recognize that you qualify.

No court order in your hands

Automatic relief happens through a database notation and notices to the court. You do not receive an order signed by a judge for your case, which some people want as proof. PC 1203.425 expressly preserves other petitions, including a petition for expungement under PC 1203.4, 1203.4a, or 1203.41.

Prosecutor or probation objections

Under PC 1203.425(b), a prosecutor or probation department may ask the court, no later than 90 days before you become eligible, to block automatic conviction relief because it would pose “a substantial threat to the public safety.” If relief is denied, you may still be eligible under other laws, such as PC 1203.4.

Limits on what conviction relief does

Under PC 1203.425(a)(4), conviction relief:

• does not remove the duty to disclose the conviction when applying to be a peace officer, for public office, for certain in-home supportive services roles, or for contracting with the California State Lottery Commission;
• does not restore firearm rights that the conviction affects;
• does not end an unexpired criminal protective order; and
• allows the prior conviction to be pleaded and proved in a later prosecution.

California Clean Slate Act and Background Checks

Fingerprint-based (Live Scan) checks are where people are most often surprised. Under PC 11105(k)–(p), some employers and agencies can still receive records that got relief, along with the relief notation. For arrests, the DOJ’s example is an agency hiring peace officers. For convictions, the DOJ’s example is an agency that performs an education function.

PC 1203.425 also preserves the authority to receive and act on criminal history in care facility licensing and school employment. There is one carve-out in PC 1203.425(a)(4)(K)(ii). In that school-employment context, information about a conviction for a controlled substance offense under Health and Safety Code section 11350 or 11377 (or former section 11500 or 11500.5) “that is more than five years old, for which relief is granted… shall not be disclosed.”

Many private employers use commercial background check companies instead. The DOJ notes that these companies do not access its records, and that courts notified of relief should not disclose those records to them unless permitted.

How to Check Whether Your Record Was Cleared

The DOJ does not notify you when relief is granted. It notifies only the courts. To find out, you can:

• Request your own record from the California DOJ. California residents do this with Live Scan fingerprints, and you may qualify for a fee waiver.
• Look for the notation: “relief granted” with PC 1203.425 for convictions, or “arrest relief granted” with PC 851.93 for arrests.
• If something looks wrong, the DOJ includes a Claim of Alleged Inaccuracy or Incompleteness form (BCIA 8706) with your record.

A RAP sheet is dense and full of codes. When I review one with a client, I look for missing dispositions, cases that should have been relieved but weren’t, and convictions that automatic relief can’t reach. Those details often decide which options make sense.

Comparing Your Record-Clearing Options

This is a general overview, not a full list of requirements. Eligibility depends on your specific case.

Option	What it covers	Court petition needed?	What it does
Automatic relief (PC 1203.425 / 851.93)	Eligible convictions and non-conviction arrests that appear in DOJ records	No	DOJ adds a relief notation; courts limit disclosure; no individual court order
Dismissal / “expungement” (PC 1203.4)	Convictions where probation was completed or discharged early, or where the court grants relief in the interest of justice	Yes	Court allows the plea to be withdrawn and dismisses the case; some disclosure duties and firearm limits remain
Arrest sealing (PC 851.91)	Arrests that did not result in a conviction	Yes	Court seals the arrest records and issues a written order; the arrest is deemed not to have occurred, with exceptions
Felony reduction (PC 17(b))	“Wobbler” offenses that can be punished as either a felony or a misdemeanor	Generally yes, if not reduced at sentencing	The court may declare the offense a misdemeanor for all purposes

Why an Attorney Review Can Make a Difference

Two people with what sounds like the same conviction can get very different results. It depends on the offense, the sentence, probation history, later cases, and what the DOJ’s database actually shows. When I review a case, I check whether automatic relief applied, whether it covers what you need, and whether a dismissal or felony reduction or sealing an arrest record may offer more.

Serving clients across California

Based on the Central Coast in Santa Cruz County, Allison Cole Law provides services statewide. From San Diego to Eureka, we are ready to assist you. Give us a call today at (408) 417-0477.

Frequently Asked Questions

Is my record automatically expunged in California?

Not exactly. If your case qualifies and the DOJ’s records are complete, the DOJ adds a relief notation and courts limit disclosure. The DOJ says this is not a dismissal, sealing, or expungement. Your case stays on your state record with a notation, and some agencies can still see it.

Who qualifies for automatic conviction relief under PC 1203.425?

You may qualify if you are not required to register as a sex offender, are not on supervision, are not serving a sentence, and have no pending charges. Completed probation or misdemeanor cases may qualify. Many felonies qualify after four years without a new felony, excluding serious, violent, and registrable felonies.

Will the state tell me if my record was cleared?

No. The DOJ notifies the superior court that handled your case, not you. To confirm, you can request a copy of your own criminal history record from the DOJ through Live Scan and look for a “relief granted” or “arrest relief granted” notation. A fee waiver may be available.

Will a cleared record still show on a background check?

It depends on who is checking. Some fingerprint-based checks can still receive relieved records with the notation, such as for peace officer jobs (arrests) and education agencies (convictions). Commercial background check companies don’t access DOJ records, and courts generally should not disclose relieved cases to them.

What is SB 731?

SB 731 is a 2022 California law that expanded automatic conviction relief to many felonies. Generally, four years must pass after you complete your sentence and supervision, with no new felony conviction. Serious, violent, and registrable felonies are excluded. Under AB 168, its changes took effect October 1, 2024.

Does automatic relief restore my gun rights?

No. Both PC 1203.425 and PC 851.93 say relief does not affect firearm restrictions that would otherwise apply because of the conviction or arrest. If firearm rights matter to you, that question deserves a careful, case-specific review of your record before you rely on any form of relief.

If I received automatic relief, should I still file a petition?

It depends on your goals and your record. Automatic relief does not limit other petitions, and a court order, sealing, or felony reduction may offer benefits automatic relief does not, such as a signed order to show an employer. An attorney review can help you decide whether filing adds value.

Talk With Me About Your Record

Wondering whether your record was cleared, or whether automatic relief went far enough, can be stressful. You don’t have to sort it out alone. I’m glad to review your situation with care and discretion and explain your options in plain language, whether that’s California Clean Slate Act relief, expungement, sealing, or felony reduction.

Call the Law Office of Allison Cole at (408) 417-0477 or request a free consultation. Let’s talk about where you stand and what a fresh start could look like.

Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change, and outcomes depend on the specific facts of each case. Please consult an attorney about your situation.