Overview Description

Records related to certain drug offenses under sections 11357 and 11360(b) in the Health and Safety Code are destroyed two years after the date of conviction or release from custody. Cal. Health & Saf. Code § 11361.5(a).

Ineligible Category or Citation

See Cal. Health & Saf. §§ 11357, 11360(b) for eligible offenses.

Procedure General

Records are automatically destroyed. For the specific procedure, see Cal. Health & Saf. Code § 11361.5.

Fees

There is no statutory language regarding fees.

Effect

Destruction of the records is accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record is prepared again so that it appears that the arrest or conviction never occurred. Cal. Health & Saf. Code § 11361.5(c).

The record is not considered accurate, relevant, timely or complete for any purposes by any agency or person. Cal. Health & Saf. Code § 11361.7.

Forms

The records are destroyed two years after the date of conviction or release from custody.

Waiting Periods

The records are destroyed two years after date of conviction or release from custody.

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