California: Adult Convictions (CA-C-1)

Records relating to a case for which the petitioner successfully completed probation or was granted an early termination of probation, pursuant to section 1203.3, can be set aside and dismissed by the court. Cal. Pen. Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028.

Record Detail(s)

Felony

Misdemeanor

Previous Conviction Disqualifying

Mandatory / Discretionary

Mandatory

Hearing

Clearance Process

Petition-based

Remedy

Dismiss

Ineligible Category or Citation

The person must not be serving a sentence, on probation, or charged with any offense. See Cal. Pen Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028.

Procedure General

The petition must be filed in the court. If the petitioner successfully completed the term of probation or was discharged early, the court shall grant the petition to dismiss. If the petitioner did not successfully complete the term of probation, the court can, in its discretion, grant the petition to dismiss. For the specific procedure, see Cal. Pen. Code § 1203.4. This statute will be repealed effective January 1, 2028.

Fees

There is no statutory language regarding fees.

Effect

Dismissal does not relieve the petitioner of the obligation to disclose the conviction on applications for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. Cal. Pen. Code § 1203.4(a)(1). This statute will be repealed effective January 1, 2028. The state summary criminal history repository system is prohibited from disclosing state criminal history information that have been dismissed or set aside, whether automatically or by petition, in response to certain requests for background information to be used in fulfilling employment, certification, or licensing duties. Cal Pen Code § 11105(b) & (p)(2)(A). Commencing on August 1, 2022, the court shall not disclose information concerning a conviction granted relief pursuant to Sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 to any person or entity, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92. Cal Pen Code § 11105 (p)(2)(A).

Forms

An expungement form is available here.

Waiting Periods

The petition can be filed upon fulfillment of the conditions of probation or discharge prior to the termination of the period of probation.

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