California: Adult Convictions (CA-C-8)

Records related to certain drug offenses under sections 11357 and 11360(b) in the Health and Safety Code are destroyed two years after the date of conviction or release from custody. Cal. Health & Saf. Code § 11361.5(a).

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Delete

Ineligible Category or Citation

See Cal. Health & Saf. §§ 11357, 11360(b) for eligible offenses.

Procedure General

Records are automatically destroyed. For the specific procedure, see Cal. Health & Saf. Code § 11361.5.

Fees

There is no statutory language regarding fees.

Effect

Destruction of the records is accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record is prepared again so that it appears that the arrest or conviction never occurred. Cal. Health & Saf. Code § 11361.5(c). The record is not considered accurate, relevant, timely or complete for any purposes by any agency or person. Cal. Health & Saf. Code § 11361.7.

Waiting Periods

The records are destroyed two years after date of conviction or release from custody.

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