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It is a common misconception that felony cases cannot be expunged; this is incorrect- if a felony conviction resulted in successful probation (not an actual prison sentence) the case can probably be expunged. Certain sex offenses are specifically exempted from expungement.

The procedure will take from 10 to 16 weeks (and sometimes longer) depending upon the Court, the complexity of the case, and how old the conviction is. Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court.

Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding. A wobbler must be a case that can be filed as either a misdemeanor or a felony initially (See Penal Code § 17 et seq, below). Most theft type cases are wobblers; most drug trafficking cases are not.

A California expungement (called "record clearing" in many counties) is a legal process under § 1203.4 of the California Penal Code that petitions the Court to revisit a conviction. If certain conditions are met- probation was successfully completed, and that all fines, restitution, fees, community service and the like ordered by the court have been satisfied, and the petitioner is not now on probation for another offense nor has any new pending cases- the Court allows the petitioner to withdraw their plea or finding of guilt, enter a new "not guilty" plea, and orders the case dismissed and the conviction set aside.

Defendants who were convicted and sentenced to state prison may still be able to expunge a conviction. Eligible applicants are those who would have been sentenced to jail for the crime had it been committed after 2011’s Proposition 47 Realignment legislation.