Overview Description

Records relating to an offense committed by current and former military personnel sentenced to probation pursuant to section 1170.9 can be dismissed in accordance with section 1203.4. Cal. Pen. Code § 1170.9.

Ineligible Category or Citation

See section 1170.9(h)(4)(B) for ineligible offenses.

Procedure General

The trial court or a court monitoring the defendant's performance of probation initiates the process and makes a finding at a public hearing. For the specific procedure, see Cal. Pen. Code § 1170.9(h).

The court can, in its discretion, order the sealing of police records of the arrest and court records of the dismissed action. Cal. Pen. Code § 1170.9(h)(4)(D).

Fees

There is no statutory language regarding fees.

Effect

The defendant is not obligated to disclose the arrest on the dismissed action, the dismissed action, or the conviction that was set aside. The court can, in its discretion, order the sealing of police records of the arrest and court records of the dismissed action. Cal. Pen. Code § 1170.9(h)(4)(C), (D).

Waiting Periods

There is no statutory language regarding waiting periods.

(non-prod server)