How to Purge Old Criminal Records in California
- 1). Check if your criminal record is eligible to be purged. If you received probation as part of the conviction, you're eligible for a conviction dismissal if: you've successfully completed probation; have paid all fines, restitution and other financial penalties imposed as part of your sentence; are not currently charged in another case or serving another sentence; and are not currently on probation.
If you didn't receive probation as part of your conviction, you're eligible for a conviction dismissal if: it has been a year since you were convicted; your conviction was a misdemeanor; you've fully completed your sentence; you're not currently charged in another case or serving another sentence; and you're not on parole. - 2). Get a copy of your criminal records if you don't already have them. Check your own paperwork first to see if you still have your documents from when your court case was active. And if not, check with your attorney and probation officer, if you have either. Otherwise, you can call or write the superior court where you were convicted and make arrangements to obtain a copy of your order of judgement.
- 3). Download and fill out the CR-180, or "Petition for Dismissal" form that's available on the website of the Judicial Council of California (see Resources). The one-page form must be completely filled out, including your case number and personal identifying information, such as your full name, driver's license number, date of birth and the last four digits of your social security number.
If you need help with the form, you can either consult with a private attorney or call your local courthouse to see if they have a legal aid service that can assist you. - 4). File the petition for dismissal with the clerk of the superior court in the county you were convicted in. If you have any supporting materials, such as letters of support, or a letter expressing why you should have your conviction expunged, include them.
At the time you file your papers, the clerk will set a hearing date. - 5). Attend the hearing and explain to the judge why you believe your conviction should be set aside. The judge will then make a decision on whether to accept your petition or deny it.
