Learn About Your State

Type a new state

California: Adult Convictions (CA-C-6)

California: Adult Convictions (CA-C-6)

Records relating to a conviction for solicitation or prostitution pursuant to section 647(b) can be dismissed following completion of any term of probation. Upon a showing of clear and convincing evidence that the conviction was a result of the petitioner being a victim of human trafficking, the court can dismiss the record. Cal. Pen. Code § 1203.49.
Record Detail(s)
Human trafficking offenses
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
No statutory language
Clearance Process
Petition-based
Remedy
Dismiss
Ineligible Category or Citation
Only offenses charged pursuant to Cal. Pen. Code section 647(b) are eligible.
Procedure General
The petition must be filed in court upon completion of any term of probation. For the specific procedure, see Cal. Pen. Code §§ 1203.49, 1203.4.
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). 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 expungment form is available here.
Waiting Periods
There is no statutory language regarding waiting periods.