How Long Does a Felony Stay on Your Record in California?

The question “how long does a felony stay on your record?” has a hard answer and a nuanced one. The hard answer: forever, unless you do something about it. The nuanced answer: California has more record-cleanup options than most states, and recent reforms — SB 731 in particular — have automatically sealed many older felony convictions. This guide walks through exactly what stays on which record, what remedies exist, and how Alameda County processes felony record-cleanup petitions.

Morris Law is an East Bay criminal defense firm serving Alameda County. Seth Morris was a Deputy Public Defender in Alameda County and files felony record-cleanup petitions at the René C. Davidson Courthouse routinely.

Where a Felony Actually Lives on Your Record

Your criminal history (RAP sheet)

Maintained by the California Department of Justice under Penal Code §11105. Every arrest, charge, conviction, and disposition is entered here. This is what’s checked by background-check services, licensing boards, and law enforcement queries.

Your FBI criminal history

Federal-level record of all fingerprint-based interactions with any law enforcement agency in the U.S. Federal government employment, security clearances, and federal firearms background checks pull from this. California expungement affects the CA record but not always the FBI record.

Court records

Public documents from the case — the complaint, plea forms, sentencing orders, probation reports. Under California’s court transparency rules, these are public unless sealed. Alameda County court records are accessible at eCourt Public Portal.

DMV record

Driving-related felonies (felony DUI, vehicular manslaughter, felony evading) also appear on your DMV record. This is separately maintained and unaffected by criminal-record expungement.

PC 17(b): Reducing a Felony to a Misdemeanor

What it does

For “wobbler” offenses — those chargeable as either a felony or a misdemeanor — PC 17(b) allows a petition to reduce the felony to a misdemeanor after successful probation. Common wobblers: PC 273.5 (corporal injury), PC 245(a)(1) (assault with force), most theft crimes, most drug crimes, VC §23153 (DUI with injury).

What it doesn’t cover

“Straight felonies” — offenses that can only be charged as felonies — are not reducible under PC 17(b). This includes: murder, most sex crimes, robbery (PC 211), any violent felony under PC 667.5(c), and any “strike” offense under Three Strikes.

Effect on the record

Successful PC 17(b) reduction converts the conviction to a misdemeanor for all purposes. Firearm rights are typically restored under state law (though federal Lautenberg may still apply for DV cases). Employment applications can be answered as misdemeanor. This is a real remedy.

PC 1203.4: Expungement / Dismissal

What it does

After successful completion of probation, PC 1203.4 allows petitioning the court to withdraw the guilty plea, enter a “not guilty” plea, and dismiss the case. The conviction is legally “set aside.”

Practical effect

On private-employer background checks, the case shows as “dismissed” rather than “convicted.” For most job applications, you can truthfully answer “no” to “have you ever been convicted of a crime?”

Limits

• Government employment applications and applications for professional licenses (bar, medical, nursing, teaching) still require disclosure
• Immigration authorities disregard PC 1203.4 dismissals
• Firearm rights are not restored by PC 1203.4
• PC 1203.4 is not available for certain serious offenses (PC 288 lewd acts on child, certain other sex offenses)

SB 731: Automatic Sealing (Enacted 2022)

SB 731 fundamentally changed California’s record-cleanup landscape. Effective July 2022, felony convictions that meet these criteria are automatically sealed 4 years after successful probation completion:

• Non-violent felony
• Not a “serious” or violent felony under PC 1192.7 or PC 667.5
• No sex offense requiring PC 290 registration
• Sentence completed and 4 years passed with no new arrest

Sealed records under SB 731 do not appear on standard criminal background checks. They remain visible to law enforcement and to some professional licensing bodies. But for private employment and housing purposes, they are effectively gone.

Certificate of Rehabilitation and Governor’s Pardon

For serious felony convictions ineligible for PC 17(b) reduction or SB 731 sealing, the remaining path is Certificate of Rehabilitation followed by Governor’s Pardon.

Certificate of Rehabilitation

Filed under PC 4852.01 in the county of residence (Alameda County Superior Court for East Bay residents). Requires 7-10 years of rehabilitated living after sentence completion. Grants a form of civil restoration and triggers pardon consideration.

Governor’s Pardon

Reviewed by the Board of Parole Hearings, decided by the Governor. Pardons are rare and discretionary. When granted, they restore most civil rights and can lift the federal Lautenberg firearm ban if expressly restoring firearm rights.

Persistent Consequences That Never Fully Go Away

Firearm rights (federal)

Any felony conviction — even one reduced under PC 17(b) or dismissed under PC 1203.4 — permanently bars firearm possession under federal law (18 U.S.C. §922(g)(1)) unless the conviction is fully sealed and civil rights are expressly restored. State expungement alone doesn’t lift this.

Immigration

Non-citizens with felony convictions face permanent immigration consequences regardless of state expungement. USCIS and ICE disregard PC 1203.4 dismissals for admissibility, removal, and naturalization purposes.

Professional licensing

Most professional boards require disclosure of all convictions — including dismissed ones. This includes State Bar, Medical Board, Board of Registered Nursing, Board of Behavioral Sciences, Contractors State License Board.

Federal employment / security clearance

Any TS/SCI clearance investigation will find and consider all convictions. Federal government employers (VA, DOD, DOJ) will see the underlying record.

The Alameda County Record-Cleanup Process

Filing

PC 17(b) reductions, PC 1203.4 dismissals, and Certificate of Rehabilitation petitions are all filed at the René C. Davidson Courthouse (1225 Fallon Street, Oakland). Filing fees range from $150-$780 depending on the remedy.

DA response and hearing

The Alameda County District Attorney’s Office is served and has 15 days to object. Most non-violent felony cleanup petitions are unopposed. Hearings are scheduled 6-10 weeks after filing.

Order and record update

If granted, the court issues an order that must be forwarded to the California DOJ and the FBI. Record update typically takes 60-90 days. Total timeline from petition to updated background check: 4-6 months.

Frequently Asked Questions

Can a felony be completely erased from my record?

PC 1203.4 dismissal (“expungement”) sets aside the conviction but the record of the case remains. Under SB 731, non-violent felonies can be automatically sealed 4 years after probation completion — this hides the record from private background checks. Full erasure requires either sealing plus destruction of records (a separate process) or a Governor’s Pardon with full restoration of civil rights.

How does SB 731 change what stays on my record?

SB 731 (effective July 2022) provides for automatic sealing of qualifying felony convictions 4 years after probation completion. Non-violent, non-serious, non-sex-registration felonies qualify. Sealed records don’t appear on standard private background checks but remain visible to law enforcement.

Does expungement restore my gun rights after a felony?

No. PC 1203.4 expungement does not restore firearm rights lost under a felony conviction. PC 17(b) reduction from felony to misdemeanor can restore California firearm rights, but federal Lautenberg law still applies for DV cases. A full Governor’s Pardon with express civil-rights restoration is typically required to restore firearm rights fully.

How long does felony expungement take in Alameda County?

PC 1203.4 dismissal petitions filed at the René C. Davidson Courthouse typically take 8-16 weeks from filing to order. Add another 60-90 days for the state and federal record updates. Total time to see the change in background checks: 4-6 months.

Does an expunged felony show up on job applications?

On most private-employer background checks, an expunged felony shows as “dismissed” rather than “convicted.” You can generally answer “no” to “have you been convicted of a felony?” for private employment. Government employment, professional licensing, and any FBI-fingerprint check still show the original conviction.

Can I own a gun 10 years after a felony?

Not without record cleanup. California felony convictions trigger a lifetime firearm ban under PC 29800. Ten-year rules apply to some misdemeanor DV convictions (PC 29805) — not felonies. Restoration requires PC 17(b) reduction (for wobblers), Certificate of Rehabilitation, or Governor’s Pardon.

Does a felony affect immigration status?

Yes, significantly and permanently. Non-citizens with felony convictions face removal exposure, admissibility bars, and disqualification from naturalization. PC 1203.4 dismissals do not help — immigration authorities disregard California expungements.

Where do I file a felony expungement petition in Alameda County?

PC 1203.4 dismissal petitions, PC 17(b) reduction petitions, and Certificate of Rehabilitation petitions are all filed at the René C. Davidson Courthouse at 1225 Fallon Street in downtown Oakland. Some misdemeanor petitions can also be filed at the Wiley W. Manuel Courthouse or Berkeley Courthouse.

Talk to an East Bay Felony Record-Cleanup Attorney

Alameda County has more felony record-cleanup options than most Californians realize. SB 731 automatic sealing, PC 17(b) reduction, PC 1203.4 dismissal, and Certificate of Rehabilitation each cover different fact patterns. A one-hour consultation can identify which path applies to your record and estimate the timeline.

Morris Law’s East Bay offices — Oakland (2744 E 11th Street · (510) 824-8831) and Berkeley (2025 Rose Street, Suite 200 · (510) 225-9955) — handle felony record-cleanup petitions at the René C. Davidson Courthouse. Call (510) 330-0814 for a free consultation.

Related East Bay Resources

• East Bay Felony Defense
• How Long Does a DUI Stay on Your Record?
• Getting Gun Rights Back After DV
• How a Conviction Affects Travel
• How a Conviction Affects Immigration