Expungement Process

The expungement petition and fee waiver forms used here are for Butte County. For another another county, please visit our forms page.


1. The first step to getting your record expunged is getting an official copy of your criminal record from the California Department of Justice (DOJ).

 

a.) Print two copies of form ORI: CA0349435. On the top, under Type of Application check off “Record Review” and fill out the middle section with your personal information.


b.) Take the two copies and call to make an appointment for a “live scan” (an electronic method of taking your fingerprints). There will be a fee for this
service which varies. For a list of Butte County live scan service providers and their fees for a DOJ history, click here.


c.) Return the completed form to the Department of Justice with a copy of your live scan and with a certified check, personal check, or money order in the amount of $25 payable to “The Department of Justice.”

California Department of Justice
Attn: Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

You should receive a copy of your criminal record within 6-12 weeks.


2. After receiving your criminal history information from the DOJ, you  are ready to fill out the application to petition for expungement. The application is the same for both PC 1203.4 and 1203.4a (simply check the appropriate box).

           

a.) Click here to obtain the application for the expungement petition. The application we have on file is for the Butte County Superior Court. This is the form used statewide, but each county may have additional paperwork attached, so it is a good idea to request their expungement petition form and any additional paperwork that County Superior Court requires.


b.) To see an example of how to fill out the Petition for Dismissal, click here.


c.) To see an example of how to fill out the Order for Dismissal, click here.

 

3.  Most people are eligible for the fee waiver. Simply fill out the fee waiver form and submit it with the expungement petition to the criminal records division at the courthouse. The fee waiver form we have on file is for Butte County. Each county may have their own fee waiver form (or may not charge anything at all!) so it is a good idea to inquire about that. Remember that petitions for expungement have to be submitted in the county in which you were convicted.


If you are turning in a fee waiver with your expungement petition, no payment is due at the time you turn in your paperwork to the courthouse. This will be determined by the court at a later date.


4. For those with an extensive criminal history it is HIGHLY recommended that you write a letter to the judge (usually applies only to felonies). At your scheduled court appointment bring this letter with you and hand it to the bailiff to give to the judge. We have provided an example for you here.