Overview Description

Records relating to a conviction for solicitation or prostitution pursuant to section 647(b) can be dismissed following completion of any term of probation. Upon a showing of clear and convincing evidence that the conviction was a result of the petitioner being a victim of human trafficking, the court can dismiss the record. Cal. Pen. Code § 1203.49.

Ineligible Category or Citation

Only offenses charged pursuant to Cal. Pen. Code section 647(b) are eligible.

Procedure General

The petition must be filed in court upon completion of any term of probation. For the specific procedure, see Cal. Pen. Code §§ 1203.49, 1203.4.

Fees

There is no statutory language regarding fees.

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

There is no statutory language regarding waiting periods.

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