Overview Description

Records relating to a misdemeanor conviction for which no probation was ordered, or records relating to an infraction can be set aside and dismissed by the court one year after the date of the judgement, provided the petitioner meets specified criteria. Cal. Pen. Code § 1203.4a(a).

Ineligible Category or Citation

For ineligible offenses, see Cal. Pen. Code § 1203.4a(1).

Procedure General

The petition must be filed in the court. If the petitioner meets all the criteria, the court shall grant the petition. If the petitioner does not meet all the criteria, the court can, in its discretion, grant the petition. For the specific procedure, see Cal. Pen. Code § 1203.4a.

Fees

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

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

http://www.courts.ca.gov/documents/cr180.pdf

Waiting Periods

The petition can be filed one year after the judgment.

(non-prod server)