California: Adult Diversion/Deferral Program (CA-D-2)

Records relating to a case dismissed following successful completion of a drug diversion program or deferred entry of judgment pursuant to sections 1000, 1000.5, or 1000.8, can be sealed by the court. Cal. Pen. Code § 851.90(a)(1).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Seal

Ineligible Category or Citation

For eligibility, see Cal. Pen. Code § 1000 Cal. Pen. Code § 1000.5 Cal. Pen. Code § 1000.8. . Cal. Pen. Code § 851.90.

Procedure General

The petition must be filed in the court, or the court can, on its own motion, order the record sealed. For the specific procedure, see Cal. Pen. Code § 851.90.

Fees

There is no statutory language regarding fees.

Effect

The court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge, with exceptions. Cal. Pen. Code §§ 851.9(a)-(d).

Waiting Periods

There is no statutory language regarding waiting periods.

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