Overview Description

Records relating to a felony conviction can be set aside and dismissed by the court two years after sentence completion if the person was sentenced pursuant to section 1170(h)(5)(A). Cal. Pen. Code § 1203.41(a).

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

Ineligible Category or Citation

See Cal. Pen. Code section 1170(h)(3) for offenses ineligible for sentencing pursuant to § 1170(h)(5)(A).

Procedure General

The petition must be filed in the court in which the matter was adjudicated. For the specific procedure, see Cal. Pen. Code § 1203.41.

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 court for actual costs. Cal. Pen. Code § 1203.41(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 § 1203.41(b).

Forms

Waiting Periods

The petition can be filed two years after sentence completion.

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