Clearing (Expunging) A California Criminal Record

What Were The Details Of Your Conviction? In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details you will need to know in order to accomplish your goals:

• Your Case Number(s) [Sometimes called docket number.]
• Your Date(s) of Conviction(s) [The date of your plea or verdict.]
• The Code Name(s) and Section Number(s) you were convicted of violating.
• Was there a "Verdict" or did you "Enter a Plea"? If you Entered a Plea, was it "Guilty" or "Nolo Contendere" (No Contest)?
• Were you ordered to serve any time on "Probation"? If so, how long? [Formal and informal probation are treated the same.]
• Were you ordered to pay any "Fines," "Restitution," or "Reimbursement"?
• If you were sentenced to state prison, which one?
• If you were sentenced to state prison, what date were you released?
• If you were released on "Parole," what date did your parole end?
  

Get a Copy of Your Criminal Records Information. Your criminal records information can be obtained from a variety of sources. Below is a list of the sources most commonly used.

Dismissal Of Cases Not Involving State Prison Sentences: If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the California Department of Corrections you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.

You are Eligible if:

1. If you were given probation, you have either completed it or obtained early release. If you violated your probation and it was either reinstated or revoked, then the court has discretion whether or not to grant you a dismissal.
2. If you were not given probation, it has been at least one year since the date of conviction.
3. You have paid all fines, restitution and reimbursement ordered by the court as part of your sentence.
4. You are not currently under arraignment for a new criminal offense (charges pending), nor are you on probation for another offense.

If you were convicted of any of the following offenses you are not eligible for a dismissal: Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; Penal Code Section 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).

If you were referred to a "diversion" program, you record will already be changed in one of two ways. If you successfully completed all of the diversion program requirements, your record should already be changed to show a dismissal. If you didn't complete your requirements or were not actually given diversion, then the conviction will be on your record.

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 possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.

Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.

Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. You can do this by filing out a form and filing it with the juvenile court in the county in which you were convicted. Contact the juvenile court in the county you were convicted, and ask them to send you a copy of the form used in that county. Check to see if they have any special filing requirements such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.

If you graduated from the California Youth Authority, your juvenile conviction(s) will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38th birthday, then they will be destroyed.

Complete and File the Petition(s) and Fee Waiver(s). 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 in which you were convicted, and ask them for the following information:

1. Have them send you as many copies of their form (if they have one) as you have convictions in that county.
2. Ask if you need to submit additional photocopies of the petition, and how many?
3. Ask if their rules of court require you to serve copies of your petition on the district attorney and/or probation department?
4. Ask what the correct mailing address is for filing by mail?

Remember, you can only dismiss one conviction at a time. This means you will 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. Usually there is a fee to file a petition for dismissal with the court. However, fee waivers are available to people who cannot afford to pay. Click here for court fee and waiver information.

File Your Petition(s) and Fee Waiver(s) With the Court(s) 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 of your conviction(s).

Be sure to include any supportive materials such as letters of support, school diplomas and/or transcripts, and if applying for early release from probation, include 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 and/or probation department.

You will be required to attend the hearing, although for 1203.4 and 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 for conservatively If you petition is granted, make sure to put the order in a safe place for your records.

If Your Petition(s) is Denied. You may still be able to get your conviction(s) 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.

Certificate of Rehabilitation. If you were sentenced to state prison or sentenced under the authority of the California Department of Corrections you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a. You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Prison Terms, 428 J Street, 6th Floor, Sacramento, CA 95814. This is a lengthy process that may necessitate the assistance of a private attorney.

Once all of your convictions have been dismissed:

1. On questions by Private Employers if you are asked if you have every been convicted of a crime, you must respond with "YES-CONVICTION DISMISSED."
2. On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
4. Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
5. Your prior conviction(s) can still affect your driving privileges.
6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.