How to Get An Expungement California: Guide for Entertainment Workers
California provides entertainment workers with a critical pathway to clear past convictions that can block auditions, production roles, and industry contracts. Background checks are standard in the entertainment field, and therefore a criminal record can derail promising careers before they start. The good news? California's expungement laws allow eligible individuals to petition for relief, effectively removing barriers to employment and professional licensing. This step-by-step guide walks you through the entire expungement process, from checking your eligibility to filing your petition and understanding what happens next.
Understanding Expungement in California
What is Expungement
In California, expungement refers to a court-ordered dismissal of a previous conviction under Penal Code Section 1203.4. The court withdraws a previous verdict or plea of guilt or nolo contendere, then dismisses the charges against the person. This legal process releases individuals from penalties and disabilities resulting from the offense.
In essence, California does not offer true expungement that completely erases a criminal record. The term "dismissal" more accurately describes what happens. When granted, the court reopens your case, sets aside the finding of guilt, enters a not guilty plea, and dismisses the case. The conviction remains on your Department of Justice record, but the record shows the conviction was dismissed.
Types of Expungement: Automatic vs Petition-Based
Senate Bill 731, which took effect on January 1, 2023, introduced automatic record relief for eligible convictions. Under Penal Code sections 851.93 and 1203.425, the Department of Justice automatically adds a notation of relief on eligible records after waiting periods pass. Automatic relief applies to arrest records that did not lead to conviction and certain misdemeanor convictions.
Automatic record relief adds a notation to your record rather than deleting or altering it. This notation determines whether the Department of Justice can disseminate the record to prospective employers. Misdemeanors now qualify for automatic expungement in California, though courts need time to implement this process.
Petition-based relief remains necessary when automatic relief does not apply. You must file a petition if your conviction is a serious or violent felony, you served time in state prison, your record was not cleared automatically due to eligibility limits, or you need relief urgently for employment or licensing. Courts reviewing petitions consider your rehabilitation efforts, time passed since conviction, compliance with probation or parole, and the seriousness of the original offense.
What Expungement Does (and Doesn't) Do
Expungement provides specific benefits while maintaining certain limitations:
What it does:
- Allows you to legally answer "no" to most questions about convictions on job or housing applications
- Removes expunged convictions from most employment background checks
- Demonstrates rehabilitation for professional licensing opportunities
- Prevents the conviction from being used to impeach you as a witness, unless you face a subsequent offense
- Results in a new court entry showing case dismissal
What it does not do:
- Does not erase or destroy the record completely
- Law enforcement, courts, and certain licensing boards can still see it
- Does not restore firearm rights
- Does not end sex offender registration requirements
- Does not prevent immigration consequences under federal law
- Does not prevent the conviction from being used as a prior to enhance punishment in future cases
- Does not seal the court case file from public inspection
Why Entertainment Workers Need Expungement
Entertainment industry employers routinely conduct fingerprint-based background checks for positions involving production work, on-set roles, and facility access. Government-issued licenses, certificates, or permits required for certain entertainment positions allow employers to see conviction records even after dismissal. However, many employers cannot hold an expunged conviction against you.
California loses an estimated $20 billion in gross domestic product annually by excluding people with records from meaningfully contributing to the state's workforce. For entertainment workers pursuing union membership, professional certifications, or security clearances for studio access, expungement demonstrates rehabilitation and removes barriers that would otherwise halt career progression.
Check Your Eligibility for Expungement
Eligible Convictions Under SB 731
Your eligibility depends on meeting several requirements simultaneously. The sentence must be fully served, including jail, prison, probation, parole, mandatory supervision, and any court-ordered classes or fines. A statutory waiting period of one year for misdemeanors and four years for most felonies must pass without a new conviction. The offense cannot be a severe or violent felony listed in Penal Code sections 667.5(c) or 1192.7(c). Crimes requiring lifetime sex-offender registration automatically disqualify you.
Proposition 47 created additional pathways for certain convictions. Simple drug possession under Health and Safety Code sections 11350, 11357(a), or 11377 qualifies for reduction to a misdemeanor. Theft offenses valued at $950 or less are eligible, including commercial burglary from a store during business hours, forgery, fraud, grand theft, petty theft, and receiving stolen property. You cannot have a prior conviction requiring sex offender registration under Penal Code section 290(c) or a "super strike" conviction.
Standard petition-based relief under Penal Code 1203.4 requires successful completion of probation. If you were convicted but never placed on probation, you can petition the court after one year from the date of conviction. Felons sentenced to local county jail rather than state prison may qualify under different provisions.
Required Waiting Periods
Misdemeanor convictions require a one-year waiting period after sentence completion for automatic relief. Felony convictions need four years. These timeframes begin after you complete all aspects of your sentence, not just custody time.
Probation cases allow immediate filing once probation ends successfully. This means finishing the full probation term, paying all fines and restitution, completing required programs, and committing no new offenses. You can request early probation termination under Penal Code 1203.3, then immediately file for dismissal.
Arrests without conviction follow different schedules. Misdemeanor arrests clear automatically after one year if no charges were filed. Felony arrests punishable by eight or more years require six years. Other felony arrests need three years.
Exclusions: What Cannot Be Expunged
California law specifically bars expungement for certain sex crimes:
- Sodomy with a minor (Penal Code 286(c))
- Lewd and lascivious acts with a child (Penal Code 288)
- Oral copulation with a minor (Penal Code 287(c))
- Continuous sexual abuse of a child (Penal Code 288.5)
- Sexual penetration (Penal Code 289(j))
- Child pornography (Penal Code 311.1, 311.2, 311.3, 311.11)
- Felony statutory rape (Penal Code 261.5(d))
State prison sentences historically barred expungement. Exceptions exist if your conviction was reclassified under Proposition 47 or 64, or if you were sentenced before October 2011 to a crime now eligible for county jail.
Special Considerations for Entertainment Industry Background Checks
California Labor Code AB1660 requires criminal background checks for anyone providing services to minors in the entertainment industry. Registered sex offenders cannot work with minors in entertainment roles, including licensed talent agents. Violations carry a $10,000 fine and up to one year in jail per violation. Entertainment workers pursuing positions involving child performers must obtain a Child Performer Services permit after passing fingerprint-based screening.
Gather Your Required Documents
Obtain Your California Criminal Record (RAP Sheet)
Your California Department of Justice RAP sheet details all arrests and prosecutions across California counties. Request this document through Live Scan fingerprinting at local police departments, sheriff's offices, or public applicant sites. The process costs $25 for DOJ processing, plus an additional fee between $20 and $50 charged by the Live Scan provider.
Complete Form BCIA 8705 and submit it with your fingerprints. Fee waivers are available if you receive public benefits like CalWORKS, CalFRESH, MediCal, or unemployment insurance, are currently incarcerated, or have income below 138 percent of federal poverty guidelines. Processing takes one to eight weeks depending on your record's length. Longer records require more time because the DOJ must research and verify all information.
Collect Proof of Sentence Completion
Courts require verification that you fulfilled all sentence requirements. Obtain probation reports under Penal Code section 1203(d), payment receipts for fines and restitution, and certificates from counselors or program providers. Request these documents from courts, probation departments, or treatment facilities within 60 days post-discharge. Lost documentation requires reconstructing files through subpoenas from original providers or courts.
Document Your Rehabilitation Efforts
Prepare a personal declaration explaining your life circumstances at conviction, changes since then, and reasons the court should grant expungement. Detail treatment programs completed, education achievements, employment stability, and community involvement. Include copies of diplomas, GED certificates, vocational training completion documents, awards, and newspaper articles featuring positive contributions.
Letters of Support and Character References
Secure three to five letters from people familiar with your character transformation. Potential writers include case managers, counselors, sponsors, supervisors, coworkers, teachers, family members, neighbors, church members, and volunteer organization contacts. Each letter should introduce the writer and explain their relationship to you, describe your positive character traits with specific examples, and explain why clearing your record improves your life. Letters need three to five sentences per paragraph addressing these elements.
Employment Records and Certificates
Gather proof of current employment or school enrollment, work history documentation, volunteer work records, and residence verification. These materials demonstrate stability and rehabilitation efforts to the court.
Court Case Information
Collect the case number, conviction date, code section violated, county of conviction, sentence received, and release dates from prison or jail. This information appears on court records or your California RAP sheet and is required for completing expungement petition forms.
File Your Expungement Petition
Step 1: Complete the Required Forms
California Judicial Council form CR-180 (Petition for Dismissal) serves as your formal request to the court. Fill in your personal information, case details from your criminal record, and conviction specifics including case number, conviction date, code section violated, and county where convicted. Mark the appropriate boxes indicating which Penal Code sections apply to your situation: 1203.4 if your sentence included probation, 1203.4a if you received no probation, or 1203.41 for felony convictions under California's Realignment Act. Request felony reduction to misdemeanor under Penal Code section 17(b) if your conviction qualifies.
Complete form CR-181 (Order for Dismissal) by filling only the header information matching your petition. Leave the numbered sections blank for the judge to complete. Some counties require additional local forms alongside state forms. Sacramento County, for instance, requires form CR-9 for certain petitions. Create five copies of each completed form.
Step 2: File with the Correct Court
Submit your petition to the Superior Court in the county where your conviction occurred. Contact the criminal court clerk, who maintains separate offices from civil clerks. Verify any county-specific requirements before filing since procedures vary by jurisdiction.
Step 3: Pay Filing Fees or Request Fee Waiver
Filing fees differ across California counties. Los Angeles charges $120 for both misdemeanor and felony cases. San Bernardino and San Diego charge $60 for misdemeanors and $120 for felonies. Riverside, San Francisco, and Alameda charge no filing fees. Solano County charges the highest fee at $240.
Request a fee waiver using form FW-001 if you receive public benefits, earn income below specified thresholds, or cannot afford basic household needs plus court fees. Submit recent pay stubs, bank statements, and monthly expense documentation with your waiver request.
Step 4: Serve Notice to the District Attorney
Deliver one copy of your petition to the District Attorney's office in the county where you were convicted. An adult over 18 who is not you must complete this service. That person files a Proof of Service form (CR-106) with the court confirming delivery.
Step 5: Attend Your Court Hearing
Misdemeanor cases often proceed without hearings. Felony cases typically require your appearance. Hearings usually last 10 to 20 minutes when paperwork is complete and prosecutors do not object. Judges may ask about employment, community involvement, and rehabilitation progress. Prosecutors can contest your petition, potentially extending the hearing.
After Filing: What to Expect
Timeline for Court Decision
Processing times vary significantly across California counties. Most courts decide expungement California petitions within three weeks to four months depending on calendar volume. Straightforward misdemeanor cases typically complete in two to three months from filing to final court action. Felony petitions or contested cases extend the timeline to 90 to 120 days on average.
Courts with lighter caseloads process petitions faster. Van Nuys Court in Los Angeles County and Newport Beach Court in Orange County handle expungements in six to eight weeks for cases less than ten years old. Complex matters involving multiple counties, unpaid fines, or supplemental document requests stretch beyond six months.
When Prosecutors Object
District attorneys can contest your petition, particularly in cases involving violence or documented victim impact. Prosecutors typically raise concerns about incomplete restitution payments, new arrests during waiting periods, or failure to complete probation terms. The court must schedule a hearing when prosecutors file written objections. Judges consider the prosecutor's stated reasons alongside your rehabilitation evidence before ruling.
If Your Petition is Denied
A denied petition leaves your criminal record intact but does not end your options. You can file a motion for reconsideration with the same judge or appeal to a higher court. California allows 60 days from the order's mailing date to file a Notice of Appeal. Common denial reasons include mistakes in legal files, incomplete petitions, unpaid fines, probation violations, or judicial discretion regarding public benefit.
Verifying Your Record is Sealed
Courts often update their records within 48 hours after granting expungement. The DOJ database requires up to four weeks for updates. Wait two weeks after the judge signs your order, then request a Live Scan on yourself before applying for positions. Some records update within five days while others take four weeks.
Updating Background Check Services
Private background check databases need two to three months after DOJ updates to reflect dismissed convictions. These companies pull data on schedules and may not receive updated feeds immediately. The DOJ updates typically occur within 30 to 60 days from court action. If databases fail to update, provide your expungement order and request manual correction.
Conclusion
Clearing your criminal record through expungement in California can open doors that background checks might otherwise keep closed. Entertainment careers often involve background screenings, and understanding the expungement process can help you explore your legal options.
The process requires patience and attention to detail, but taking the right steps can support your professional goals. Consult with an experienced California attorney to determine your eligibility, understand the limitations of expungement, and navigate the legal process.
Start gathering your documents, verify your eligibility, and take control of your professional future. Your past conviction does not necessarily define your career potential, and California law may provide options for moving forward.
RELATED ARTICLE:
Call 213-932-8922, for a free consultation.
