California: Adult Convictions (CA-C-15)

Records relating to the conviction of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual violence, can be vacated by the court. Cal Pen Code § 236.15(a).

Record Detail(s)

Sex-related offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This section applies only to situations in which the arrest or conviction of a nonviolent offense was the direct result of being a victim of intimate partner violence or sexual violence. Cal Pen Code § 236.15(a),(t).

Procedure General

The petition for relief must be filed in court. The petition shall be submitted under penalty of perjury and shall describe all of the available grounds and evidence that the petitioner was a victim of intimate partner violence or sexual violence, and the arrest or conviction of a nonviolent offense was the direct result of being a victim of intimate partner violence or sexual violence. For specific procedure, see Cal Pen Code § 236.15(a)-(c).

Fees

There is no statutory language on fees.

Effect

The court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. Cal Pen Code § 236.15(k).

Waiting Periods

There is no waiting period.

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