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California: Adult Convictions (CA-C-3)
California: Adult Convictions (CA-C-3)
Records relating to a felony conviction can be set aside and dismissed by the court one year after sentence completion if the person was sentenced pursuant to section 1170(h)(5)(B). Cal. Pen. Code § 1203.41(a). Some felonies can be reduced to misdemeanors. Cal. Pen. Code § 17(b).
See Cal. Pen. Code section 1170(h)(3) for offenses ineligible for sentencing pursuant to section 1170(h)(5)(B).
The petition must be filed in the court in which the matter was adjudicated. For the specific procedure, see Cal. Pen. Code § 1203.41. See Cal. Pen. Code § 17(b) for information on reducing a conviction from a felony to a misdemeanor.
There is no statutory language regarding fees.
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 § 1203.41(b). 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).
An expungement form is available here.
The petition can be filed one year after sentence completion.
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