A misdemeanor does not necessarily stay on your record for life — California's Clean Slate law (Penal Code § 1203.425) automatically grants relief for most eligible misdemeanors once the sentence is complete, though some exceptions apply.
Where Clean Slate doesn't reach automatically, there are real tools — expungement, arrest sealing, and reductions — that clean it up.
The Default: Not Necessarily Permanent
A misdemeanor does not necessarily stay on your record for life. California's Clean Slate law (Penal Code § 1203.425) automatically grants record relief for most eligible misdemeanors once the sentence is complete, and background-check companies generally cannot report a conviction older than seven years (Civil Code § 1786.18). Relief limits who can see the conviction — it does not erase it for all purposes, and some limited law-enforcement, licensing, and disclosure exceptions still apply.
How DUI Priors Work
A DUI conviction stays on your DMV record for 10 years and counts as a ‘prior’ for sentencing during that window. The criminal conviction itself does not automatically disappear afterward — Clean Slate relief (Penal Code § 1203.425) or a reduction/expungement is what limits who can see it going forward.
Expungement (PC 1203.4)
For most misdemeanors, once you complete probation you can petition to have the conviction dismissed under Penal Code 1203.4. The court sets aside the plea or verdict and dismisses the case, and in most private-employment situations you can then lawfully answer that you were not convicted. See how to get your record expunged in San Francisco and our expungements page.
If You Were Arrested but Not Convicted
If you were arrested but the case did not end in a conviction, two different statutes may apply. Penal Code § 851.8 is for factual innocence — the court finds you did not commit the offense, and your arrest records are sealed for three years and then destroyed. Penal Code § 851.91 seals an arrest that never led to a conviction; if you qualify, sealing is available as a matter of right, or otherwise in the interest of justice — so the arrest stops surfacing on background checks.
One Caveat: Immigration
For non-citizens, an expungement under PC 1203.4 does not erase the conviction for federal immigration purposes. If immigration is a concern, the goal is to avoid the conviction in the first place — through diversion or a non-removable disposition — rather than to rely on a later expungement.
Frequently Asked Questions
How long does a misdemeanor stay on your record in California?
Not necessarily for life. California's Clean Slate law (Penal Code § 1203.425) automatically grants record relief for most eligible misdemeanors once the sentence is complete, and background-check companies generally cannot report a conviction older than seven years (Civil Code § 1786.18). Relief limits who can see the conviction — it does not erase it for all purposes, and some limited law-enforcement, licensing, and disclosure exceptions still apply. You can also petition to clear a conviction through expungement (PC 1203.4).
Can you get a misdemeanor expunged in California?
Yes. For most misdemeanors, once you complete probation you can petition under Penal Code 1203.4 to have the conviction set aside and dismissed. In most private-employment settings you can then answer that you were not convicted.
How long does a DUI stay on your record in California?
A DUI stays on your DMV record for 10 years and counts as a prior for sentencing during that window. The criminal conviction itself does not automatically disappear afterward — Clean Slate relief (Penal Code § 1203.425) or a reduction/expungement is what limits who can see it going forward.
Does expungement erase a conviction for immigration?
No. For non-citizens, an expungement under PC 1203.4 does not erase the conviction for federal immigration purposes. That is why, when immigration is a concern, the goal is to avoid the conviction in the first place rather than rely on a later expungement.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com