Does clearing my record in California help my immigration case? How to file

This page explains what expungement and Clean Slate do, and how to file a dismissal. It does not cover undoing a conviction for immigration; that is on Ways to fix an old California conviction. This is general information, not legal advice.

If my conviction was expunged or cleared, am I safe for immigration?

Usually not. We know that is hard to hear.

USCIS says an expunged conviction is still a conviction for immigration. A case dismissed because you finished probation or a rehabilitation period still counts. That includes a California dismissal under Penal Code 1203.4, which most people call an "expungement".

What does work for immigration is different: a conviction vacated because of a legal error in the case, such as a missing immigration warning. That kind of order is not a conviction for immigration. See Ways to fix an old California conviction.

What does "expungement" do in California, then?

It still helps in real ways. California Courts says true expungement does not exist in California, but a dismissal under Penal Code 1203.4 does this:

• The court lets you withdraw your plea, enters "not guilty", and dismisses the case.
• You are released from most penalties and disabilities of the conviction. This can help with jobs.

What it does not do:

• It does not erase the conviction for immigration.
• You must still disclose the conviction when directly asked on applications for public office, state or local licenses, or California State Lottery contracts.
• It does not restore gun rights, and it can still count as a prior in a future case.

What is Clean Slate automatic relief?

California's Department of Justice now reviews records and adds relief on its own for many old arrests and convictions (Penal Code 851.93 and 1203.425). You don't file anything.

• The DOJ adds a note to your record saying "relief granted", with the date.
• The DOJ says this relief is not a dismissal, sealing or expungement. The case stays on your record and is shared only as the law allows.
• The DOJ does not notify you. To see if you got it, request your California record.
• Courts still keep the power to hear later motions in your case, so automatic relief does not stop you from asking a court to fix the conviction later.

For immigration, treat it like an expungement: it does not make the conviction disappear.

Will a cleared record help with DACA?

It can. For DACA, federal rules say expunged convictions are not automatically disqualifying under the DACA criminal bars. USCIS can still look at the facts and decide case by case. You must still report the case and send the court order (see the next section). See Can I get or keep DACA if I have been arrested?

Do I still have to tell USCIS about a cleared or dismissed case?

Plan on it. Answer every question on every form truthfully.

• DACA. The I-821D instructions say that if an arrest or conviction was vacated, set aside, sealed or expunged, you send a court certified copy of that order, or a court statement that no record exists. For any charge, you send the complete arrest record and outcome, like a dismissal order.
• All USCIS cases. USCIS says getting your records is your job, whether or not they were expunged or sealed, and an officer can ask for proof of a conviction even after expungement.
• Citizenship (N-400). The N-400 instructions say to report all offenses, including ones that were expunged and ones from before you turned 18. If you leave them out, you may be denied (N-400 instructions, edition 01/20/25).
• Green card and other forms. Each form has its own questions. For a green card, read every criminal history question on Form I-485 and its instructions, including anything they say about expunged, sealed or dismissed cases. Ask a lawyer how to answer before you sign.

California's own law also says a 1203.4 dismissal does not excuse you from disclosing the conviction when directly asked on certain state applications. Don't leave a cleared case off any immigration form unless a lawyer has told you that is right for that question.

How do I file a dismissal under Penal Code 1203.4?

You can often do it yourself, but if you are not a citizen, get immigration advice first. California Courts warns that court involvement can affect your legal status.

Who can ask

• You have no new case pending, and you are not on probation or parole in any case.
• You finished probation, or the court ended it early. Then the court must grant your petition. Still on probation? Ask for early termination under Penal Code 1203.3 at the same time.
• No probation on a misdemeanor? Wait at least one year after the conviction.
• Felony with county jail: wait one year after finishing if you had mandatory supervision, or two years without it. The court decides.
• Felony with state prison (since January 1, 2023, and no sex offender registration): wait two years after finishing. The court decides.
• Some offenses, like certain sex offenses and some Vehicle Code violations, can't be dismissed this way.

Steps

1. Get your court papers and case number. See How to get a copy of your criminal record.
2. Fill out Form CR-180 and the top of Form CR-181. Use one set per case number.
3. If you didn't finish probation, attach papers showing why dismissal is "in the interests of justice": work, school, family, treatment, volunteer work, letters.
4. File them with the court in the county where you were convicted. The prosecutor gets 15 days' notice. Ask the clerk about fees and hearing dates. Unpaid restitution cannot be the reason a judge denies your petition.
5. The judge decides and signs Form CR-181. Ask for certified copies of the signed order. You'll need them for any immigration filing.

What does this look like in real life?

Example (fictional). Rosa has DACA. In 2018 she was convicted of a misdemeanor in San Mateo County and finished probation in 2020. She wants a better job and, later, a green card through her U.S. citizen husband.

1. She asks an accredited representative first. The representative says a 1203.4 dismissal will help with most job applications, but immigration will still count the conviction.
2. The representative also checks whether the old plea had a legal defect. If it did, a 1473.7 motion could remove it for immigration too. They find no legal defect in Rosa's plea, so they file only the 1203.4 petition.
3. Rosa files Form CR-180 and CR-181. Because she finished probation, the court must grant it.
4. She orders certified copies of the signed order.
5. On her next DACA renewal she reports the case and sends the certified order, as the I-821D instructions require.

Your facts will differ. The lesson: get immigration advice first, then file, then report the case with the order.

Is there a checklist for filing?

Yes. Use one for each case.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara county residents: 650-326-6440. Record clearance for reentering adults and young people, and immigration help, for people with low income in San Mateo and Santa Clara counties.
• Santa Clara County Public Defender, Reentry Expungement Program, for Santa Clara County cases: (408) 535-4290, Reentry Resource Center, 151 W. Mission Street, San Jose. For people who meet its income rules and were not sentenced to state prison.
• California Courts: Legal help for cleaning your record
• Immigration advice anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• Immigration advice in the Bay Area: Free or low cost immigration legal help in the Bay Area

A cleared record is a real fresh start in many parts of life. Take that step, and take the immigration step with good advice beside you.