Penal Code Section 1203.4 and 1203.4a are the main Penal Code sections that deal with record clearance (also known as post conviction "dismissal" or "expungement"). If your situation requires more than what is provided here - a great publication written for non-attorneys is How to Seal Your Juvenile & Criminal Records by Warren Siegel. This NOLO PRESS publication is available in many bookstores or can be ordered from NOLO PRESS of Berkeley directly ((510 549-1976 or on the internet at: www.nolo.com ).
Note that you can get either a felony conviction or a misdemeanor conviction cleared.
This is a very easy process. To be eligible for an automatic dismissal upon petitioning, you must have completed probation successfully (no probation violations); and you cannot have a criminal case pending against you. No court date is needed.
If your probation is over but you had some criminal charges against you during your probation, then you may still get the dismissal but a judge will have to decide whether you are entitled to it. The district attorney or probation department may argue you shouldn't receive the benefit of the dismissal- but the judge is the one who decides. You may in this situation have to appear in court to try and persuade the judge. Obviously, an attorney's help may pay off if you are in this category.
To begin this process, you must complete and file a three page form with your check, cash or money order. Currently, (Sept. 2006), Santa Cruz County Clerks Office charges $60.00 to process your petition. You can mail your forms/ check to: Santa Cruz County Superior Court Clerk's Office 701 Ocean Street Santa Cruz, Room 120 California, 95060. If your sentence included "formal probation", that is, if you had a probation officer (at least to begin with) than you must file an two additional forms with the Santa Cruz Probation Office (PO Box 1812 Santa Cruz, CA 95061-1812). If you are petitioning within six months of the end of your probation there is no charge- if after six months then you must send them a $50 check to cover their "investigation" costs.
DUIs: Although there are positive reasons to take advantage of the easy steps to clear your record - some of the negative aspects of the conviction remain. The fact of the conviction is still seen and used against you by DMV, insurance companies and the courts if you suffer another arrest. The conviction counts against you for seven years as a "prior" and the prior means you are sentenced more harshly. Remember, a cab fare is always cheaper than a DUI.
Increasing numbers of cases lead to registration with local law enforcement (e.g. certain narcotic convictions) and this can last longer than probation.
Increasing numbers of cases lead to deportation regardless of record clearances.
Increasing numbers of cases lead to ten-year prohibitions on possession or use of firearms, again notwithstanding getting your record cleared. If you had probation - you must admit on a government license application or government job application you were convicted. (Your "record clearance" may still help.)
If your felony conviction was for a charge which could have been filed as a misdemeanor (known as a "wobbler") you may request at the time of your petition for dismissal that the charge be reduced to a misdemeanor. (Penal Code Section 17 (b). If that request is granted, the original conviction will thereafter always be considered a misdemeanor. (Remember, a "dismissal", "expungement", "record clearance", will not disappear from the Department of Justice records (see above). The advantages to this reduction are so important you may want to seek an attorney's help. To request the reduction, you may simply check mark the box on the petition form.
If you suffered a misdemeanor conviction as an adult and were placed on probation, then there is a good chance the following will assist you in obtaining a dismissal of your case. There are only five requirements for the dismissal in nearly all misdemeanor cases:
Remember, as noted above, getting your misdemeanor charges dismissed is nearly always worth it. But the "dismissed charges" may still be considered for:
If you suffered a misdemeanor conviction as an adult and were not placed on probation then there is a good chance the following will assist you in obtaining a dismissal of your case. There are only five requirements for the dismissal in nearly all misdemeanor cases:
Remember, as noted above, getting your misdemeanor charges dismissed is nearly always worth it. The advantage of the 1203.4a dismissal over 1203.4 (probation granted cases - above) is that there is no requirement for you to divulge to a government employer or private employer the fact of your conviction). But the "dismissed charges" may still be considered for:
If you were either arrested or convicted of a marijuana charge after 1976, that record should automatically be destroyed two years after the conviction. Those charges covered by this law do not include:
If you were either arrested or convicted of a marijuana charge before 1976, you can probably get your record destroyed. Those charges include:
You can go to the Santa Cruz Police Department with identification and pay them to run your record for you. You may also get a copy of your criminal record if you fill out the form "Application to Obtain Copy of State Summary Criminal History Record" and send it to the Criminal Department of Justice along with a $25 fee and a set of fingerprints. If you cannot afford to pay the $25 fee, also send the Fee Waiver form.