Overview Description

Records relating to a case for which the petitioner successfully completed probation or was granted an early termination of probation, pursuant to section 1203.3, can be set aside and dismissed by the court. Cal. Pen. Code § 1203.4(a)(1).

Some felonies can be reduced to misdemeanors. Cal. Pen. Code § 17(b).

Ineligible Category or Citation

For ineligible offenses, see Cal. Pen. Code § 1203.4(b).

Procedure General

The petition must be filed in the court. If the petitioner successfully completed the term of probation or was discharged early, the court shall grant the petition to dismiss. If the petitioner did not successfully complete the term of probation, the court can, in its discretion, grant the petition to dismiss. For the specific procedure, see Cal. Pen. Code § 1203.4.

See Cal. Pen. Code § 17 for information on reducing a conviction from a felony to a misdemeanor.

Fees

The person might be required to reimburse the county and the court for actual costs. Cal. Pen. Code § 1203.4(d).

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).

Forms

Waiting Periods

The petition can be filed upon fulfillment of the conditions of probation or discharge prior to the termination of the period of probation.

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