California: Adult Convictions (CA-C-12)

Records of a criminal conviction or sentence of a person who is no longer in criminal custody can be vacated if the conviction or sentence is legally invalid due to prejudicial error, if newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice, or if a conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin. Cal Pen Code § 1473.7.

Record Detail(s)

Felony

Misdemeanor

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

Only the types of convictions listed in subsection (a) are eligible for vacation. Cal. Pen. Code § 236.14(a).

Procedure General

The petition must be filed in court. For the specific procedure, see Cal Pen Code § 1473.7(c),(d),(e).

Fees

There is no statutory language regarding fees.

Effect

The arrest and conviction shall be deemed never to have occurred, where the moving party complied with these requirements, and where the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences. Cal Pen Code § 1473.7(e)(2).

Waiting Periods

There is no waiting period.

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