Get Your California Criminal Record Rap Sheet
Request Your Own Criminal Record from the Department of Justice
For a rap sheet that reports all of your arrests and convictions in every county in California, you must obtain a rap sheet from the California Department of Justice.
Request for Live Scan Service: Form No. BCIA 8016RR
Be sure to check the box for “Record Review, ” fill out all your personal information and take the completed form to any Live Scan site for fingerprinting services. To find the Live Scan site nearest to you, click here.
FBI Rap Sheet
FBI website with instructions and forms. Order this if you have a criminal record in more than one state.
Marijuana Possession Offenses
If you were convicted of possession of marijuana for personal use, then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code sections 11361.5 and 11361.7, all convictions for possession of marijuana for personal use, after January 1, 1976, are erased from your record after 2 years. BE CAREFUL! The conviction cannot be for cultivation, sales, or transportation. If it is, it will be on your record.
Proposition 47 Reduction of Felony to Misdemeanor
Petition and Response for Reduction to Misdemeanor Pursuant to PC §1170.18(f)
Use this form if you completed your sentence.
State-Wide Criminal Record Forms & Instructions
County-Specific Forms & Instructions
San Diego County Clean Slate Reentry Clinic
Note: At the time you file the Petition and Order for Expungement in the Ventura County Superior Court, you will also be asked to submit this form. A judge will review the form to determine whether you have the ability to pay the $60 to reimburse the court for the cost of services rendered. If you file more than one expungement request at the same time, an additional $25 per case could also be imposed to reimburse the court for the additional cost of services rendered. The court will automatically impose reimbursement of the cost of services rendered if this form is not submitted for review.
Los Angeles Legal Aid Foundation: Expungement Clinic Self-Help Manual
Santa Clara County: San Jose State University Record Clearance Project
California Criminal Record Expungement Rules & Procedures in a Nutshell
Complete your petition
If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the clerk of the superior court for the county where you were convicted and ask them for the following information:
You will need to complete a separate petition for each conviction.
The local court clerk can tell you if you need to submit additional photocopies of the petition and, if so, how many. Also ask if their local rules of court require you to serve copies of your petition on the district attorney or probation department.
Confirm that you have the correct mailing address is for filing by mail.
Remember, you can only dismiss one conviction at a time. This means you must fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time. If you are currently on probation, you will need to deal with that conviction first; then you can proceed with the others.
File your petition
If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail (or deliver in person) your filing materials to the clerk of the superior court for the county where you were convicted.
Be sure to include any supportive materials such as letters of support, school diplomas or transcripts, and if applying for early release from probation, a letter to the judge explaining why you feel you should be released from probation early. At the time you file your papers, the clerk will set a hearing date.
If required in your county, be sure to serve the district attorney or probation department.
You will be required to attend the hearing, although for Penal Code section 1203.4 and section 1203.4a petitions you may not have to appear. If you are required to attend the hearing, BE SURE TO ATTEND. Be on time and dress conservatively. If your petition is granted, make sure to put the order in a safe place for your records.
The court cannot charge you a fee to file your petition, but the court may order you to reimburse the court, city, and county up to $150 each after the court decides your petition, whether or not your petition was granted. But before you are ordered to pay, the court must decide if you are able to pay all or a part of the costs of your petition without undue hardship.
If your petition is denied
Do NOT despair! You may still be able to get your convictions dismissed. After you receive the order from the judge denying your dismissal, you can either go to, or call, the clerk at the courthouse to see if you can find out why the petition was denied and whether you can fix the problem and re-file.
EXPUNGING A DUI IN CALIFORNIA
If you have been convicted of driving under the influence of alcohol or drugs in California, you may be able to get the conviction removed from your criminal record. Most DUI convictions are eligible to be expunged in California pursuant to Penal Code §1203.4.
A DUI results in two types of records: a DMV record (commonly called a driving record) and a criminal record. A DUI in California will automatically fall off your driving record within 10 years. However, a criminal record for a conviction for DUI stays on your record for life, unless it is expunged through the court system.
While nothing can be done to remove or conceal a DMV record, expungement of a criminal record for DUI is possible in California.
DUI law in California is very complex and can be very confusing. The most common DUI charges are for violations of Vehicle Code §23152(a), driving under the influence of alcohol and/or drugs, and Vehicle Code §23152(b), driving with a blood alcohol content of 0.08% or greater. There are several other Vehicle Code sections that cover DUI violations, depending on the level of intoxication and whether you consented to a breath or blood test.
Typically the first, second, and third convictions for DUI are misdemeanors. The penalties can include probation (typically 3-5 years), fines, DUI classes, and a license suspension. For subsequent offenses, there is also the possibility of up to one year in county jail, which typically only applies to a second or third offense. After the third offense, you will typically be charged with a felony.
California Penal Code §1203.4 allows your case to be reopened, the finding of guilt withdrawn and the case dismissed (expunged). Once expunged, the conviction comes off of your criminal record, and you can truthfully say that you were never convicted. While the case will still appear on the more thorough background checks that require fingerprinting, such as the Department of Justice report (Live Scan) or the FBI report, these background checks will indicate the case has been dismissed pursuant to 1203.4. The case will not appear on commercial background checks commonly used by employers and landlords that are searching for conviction data only.
To be eligible for an expungement, you must have completed probation (or wait one year on low level misdemeanors where no probation is given), paid all fines and restitution, and not be facing any other charges or serving any other sentence. This means that for almost all DUI convictions, the case is eligible to be expunged at the time probation is completed.
Additional California Resources:
Essie Justice Group harnesses the collective power of women with incarcerated loved ones.
Root & Rebound‘s mission is to increase access to justice and opportunity for people in reentry from prison and jail, and to educate and empower those who support them, fundamentally advancing and strengthening the reentry infrastructure across the state of California.