How it works in California

The steps

1. Get fingerprinted

   Visit your local police or sheriff's station and have your fingerprints taken.

   Cost: Varies by provider — Rolling fees vary from location to location and are set by the Live Scan providers

2. Request your record

   Complete and submit your application to request an official copy of your criminal history record from the California Department of Justice.

   Record request fee: $25.00 — Covers DOJ processing only; LiveScan rolling fees charged separately by the operator. Fee waivers available.

3. Review your record

   Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

4. Request certified documents

   Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

   Certified copy fee: $40.00

5. Verify the final documents

   Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

6. Prepare your petition

   Complete the petition based on the type of charge and outcome you are seeking. Among other requirements, note the timing restrictions: a misdemeanor without probation or an infraction, one year from the judgment under Cal. Penal Code § 1203.4a; a felony served in county jail or state prison, one or two years after the sentence is complete under Cal. Penal Code § 1203.41.

7. Finalize your petition

   Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

8. File your dismissal petition

   File the petition with the court that handled the case.

   Filing fee: Varies by court — each county's superior court sets it.

9. Work with the court

   After the court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

10. Receive the court's order

    Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered. Keep a certified copy for your own files.

11. Verify the record update

    Under California law, the court updates its own records and reports the dismissal to the California Department of Justice. If a background-check provider later produces an outdated report, your certified copy of the order is your authoritative reference. Once relief is granted under Cal. Penal Code § 1203.4 or Cal. Penal Code § 1203.425, you are released from all penalties and disabilities resulting from the offense, and the court will not disclose the conviction except to you or a criminal justice agency. The statutes list the exceptions: you must still disclose the conviction when a direct question asks on an application for public office, for a state or local license, for contracting with the California State Lottery Commission, for employment as a peace officer, or to enroll as an in-home supportive services provider; the conviction can still be pleaded and proved in a later prosecution; and the relief does not restore firearm rights, lift a bar from public office, end an unexpired protective order issued in a criminal case, or change what Vehicle Code section 13555 and the licensing checks under the Health and Safety Code and the Education Code may consider.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.