ANSWERS: 1
  • California Penal Code Section 1203.4 establishes procedures for having criminal convictions dismissed. The conviction is not "erased" from your record, but penalties and other consequences associated with the conviction are removed.

    Availability

    The expungement process affects only California convictions. Also, if you were charged with a crime, but not convicted, expungement is not available.

    Eligible Crimes

    You may petition for dismissal of misdemeanor or felony convictions if you were not sentenced to state prison. If you did go to state prison, you may petition for a Certificate of Rehabilitation and Pardon.

    Conditions

    You must complete probation or file a petition to end probation early before filing for dismissal. You may not be in jail, on probation or charged with any offense when you file.

    Process

    You will need copies of your criminal records to complete the forms that apply to your particular circumstances. The California Courts Self-Help Center (see Resources below) has complete information about how to file the forms.

    Limitations

    You are still required to disclose the conviction if you apply to run for public office or apply for any state or county license. The dismissal does not remove any limits on your right to buy or own firearms or to hold public office.

    Source:

    California Courts Self-Help Center

    California Penal Code Section 1203.4

    Resource:

    California Courts Self-Help Center

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