You were arrested and a case against you was filed but dismissed. Request records in the case to be sealed, including any record of your arrest or detention. File a written or oral motion, with notice to all parties, under Pen. If the court finds you were factually innocent of the charges, the court will order your records sealed. Your conviction was set aside based upon a determination that you are factually innocent. You successfully complete a pre-filing diversion program.
Two years after successful completion of the diversion program, file a petition under Pen. You successfully complete a drug diversion program under Pen. Request all records in the case to be sealed, including any record of your arrest or detention.
Petition: Form CR You were convicted of a misdemeanor and are still on probation. Request early release from probation and file a petition to have the conviction dismissed. File a petition under Penal Code section If the sentence for the offense is punishable by imprisonment in the state prison or in a county jail, the offense is a wobbler.
Similarly, if the sentence for the offense is punishable by imprisonment pursuant to subdivision h of Section , or in a county jail, the offense is a wobbler. You were convicted of a felony wobbler and are still on probation. Request early release from probation and file a petition to have the conviction reduced to a misdemeanor and dismissed. File a petition to have the conviction reduced and dismissed. You were convicted of a felony and sentenced to county jail under Pen.
You were convicted of a felony and were sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation. File a petition for a certificate of rehabilitation and pardon.
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What is a dismissal? You are eligible to request a dismissal if you were given county jail time including jail time for a felony offense , probation, a fine, or a combination of those three types of punishment rather than being sentenced to state prison. If you make a formal request to the court petition for a dismissal, the court will make a decision on your request and may withdraw your guilty or no contest nolo contendere plea or the guilty verdict if you went to trial , and enter a not guilty plea.
Then the court will set aside and dismiss the conviction.
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Your record will be changed to show a dismissal rather than a conviction. You are eligible for dismissal of a misdemeanor conviction, and the court will dismiss your conviction upon your request, if:.
You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if:. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if were convicted of a misdemeanor under Pen. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if you were sentenced to county jail on a felony and:. You are not currently charged with, on probation for, or serving a sentence for any other offense.
In all of these cases where the court has discretion choice , it is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice. Diversion and deferred entry of judgment Courts may offer diversion or deferred entry of judgment programs. If you successfully complete a prefiling diversion program, you may petition the court to seal the records of the arresting agency and related court files, two years after successful completion of the program.
The Department of Justice shall maintain arrest records it has received and disclose them in specified instances. Penal Code section If you successfully complete a pretrial diversion program, the criminal charges shall be dismissed at the end of the period of diversion. The arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer.
The Department of Justice may disclose the arrest in response to any peace officer application. If you perform satisfactorily during the period of a deferred entry of judgment under Penal Code section , the criminal charge shall be dismissed. The arrest upon which the deferred entry of judgment was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer.
You may also petition the court to seal the records of the arresting agency and related court files. If you perform satisfactorily during the period of a preguilty plea drug court program, the arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer. If you successfully complete a deferred entry of judgment program under Penal Code section , the criminal charge will be dismissed.
The provisions of Penal Code section Automatic destruction of marijuana-related arrest and conviction records. Although personal use of marijuana up to These arrest and conviction records must automatically be destroyed and purged from the statewide criminal databases two years after the conviction. But, if you were in jail due to that conviction, your records will not be destroyed until two years after you are released. Dismissal or Redesignation of eligible marijuana-related convictions If you have completed your sentence. Dismissal or Resentencing of eligible marijuana-related convictions If you are currently serving your sentence.
If your conviction was dismissed under Proposition 64 after you completed your sentence, you may ask the court to seal your records. The deadline for filing these petitions is November 4, If the court determines that your conviction is eligible for reduction, the judge must reduce the conviction to a misdemeanor.
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See Sealing Juvenile Records for more information. Under Penal Code section The court may issue an order for dismissal as described in Penal Code section You must establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking.
If the court grants relief, the arrest and any adjudications or convictions are deemed not to have occurred, and all records are sealed and destroyed. 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:.
Remember, you can only dismiss 1 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.
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If you are currently on probation, you will need to deal with that conviction first; then you can proceed with the others. 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. You may be required to attend the hearing. Be on time and dress appropriate for court. If your petition is granted, make sure to put the order in a safe place for your records. 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.
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. When you speak with the clerk, be respectful and take notes. Follow the instructions of the clerk and be sure to thank the clerk for his or her help. A certificate of rehabilitation is a court order declaring that you have been rehabilitated after a California state criminal conviction.
It also recommends that the governor grant you a full pardon. If you are granted a certificate of rehabilitation, the court will send certified copies to the governor. This will serve as an application for a pardon by the governor. A pardon by the governor gives you all the civil and political rights of citizenship, including the right to vote, and, in some cases, the right to own and keep a legal firearm.
Penal Code sections To file a petition for a certificate of rehabilitation, you must reside for five years in California, plus wait additional time depending on your conviction. This period of rehabilitation starts upon your discharge from custody or your release from parole, postrelease supervision, mandatory supervision, or probation, whichever is sooner. If you are eligible, you may file a petition with the superior court where you reside.
This is a lengthy process and may involve a hearing. You have the right to have the public defender in your county help you. If you are ineligible to apply for a certificate of rehabilitation, you may apply to the governor for a direct pardon. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Clean Your Record. For California juvenile cases, go to Sealing Juvenile Records. Find out the details of your convictions. What was your date of conviction? What is the code name and section number you were convicted of violating?
Was there a verdict or did you enter a plea? If the chart below indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control arrest and conviction records. Call your state department of labor for more information.
The following chart summarizes state laws and regulations on whether an employer can get access to an employee's or prospective employee's past arrests or convictions. It includes citations to statutes and agency websites, as available. Many states allow or require private sector employers to run background checks on workers, particularly in fields like child care, elder care, home health care, private schools, private security, and the investment industry. Criminal background checks usually consist of sending the applicant's name and sometimes fingerprints to the state police or to the FBI.
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State law may forbid hiring people with certain kinds of prior convictions, depending on the kind of job or license involved. Federal law allows the states to establish procedures for requesting a nationwide background check to find out if a person has been "convicted of a crime that bears upon the [person's] fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. If your state isn't listed in this chart, then it doesn't have a general statute on whether private sector employers can find out about arrests or convictions.
There might be a law about your particular industry, though. It's always a good idea to consult your state's nondiscrimination enforcement agency or labor department to see what kinds of questions you can ask.