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You are here: More Topics > Criminal Law > Clean Up Your Criminal Record
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Introduction
Find Out the Details of Your Convictions
Get a Copy of Your Criminal Records Information
What You Can Do
Dismissals
Are You Eligible for a Dismissal?
Some Convictions are Not Eligible for Dismissal
Diversion
Marijuana Possession Offenses
Juvenile Records
What Will a Dismissal Do?
Complete the Petition(s)
File Your Petition(s) with the Court(s)
If Your Petition(s) is Denied
Certificate of Rehabilitation
Introduction
This guide only deals with criminal convictions obtained in California. Other states, the military, and the federal government may have a similar procedure, but you must check with them to find out what is required. Try the adult probation department  or the public defender's office for the county you were convicted in, the Judge Advocate General's Office (Navy ), (Army ), (Air Force ) for military convictions, or the Federal Defender's Office (in PDF) for federal convictions.
| Important Notice: This guide is intended as an information tool to assist you with cleaning up your criminal record. We do not guarantee any results with respect to a particular case, and the information provided in this guide is not intended as legal advice. If the Public Defender's office represented you in your criminal case(s), it may be able to assist you. In some counties, the Public Defender may help you even if it did not represent you in your case. Click here to find the public defender in your county. If not, and your case is very complicated, you may wish to seek private legal counsel to assist you with "cleaning up" your record. |
In California, section 432.7 of the Labor Code, states "No employer, ..., shall ask an applicant for employment to disclose, ..., information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any ... diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, ..., any record of arrest or detention that did not result in conviction, .... Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial...."
So, for the purposes of this guide, we will concern ourselves with "convictions."
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Find Out the Details of Your Convictions
In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details you will need to know in order to accomplish your goals:
- Your Case Number(s) [Sometimes called docket number.]
- Your Date(s) of Conviction(s) [The date of your plea or verdict.]
- The Code Name(s) and Section Number(s) you were convicted of violating.
- Was there a "Verdict" or did you "Enter a Plea"? If you Entered a Plea, was it "Guilty" or "Nolo Contendere" (No Contest)?
- Were you ordered to serve any time on "Probation"? If so, how long? [Formal and informal probation are treated the same.]
- Were you ordered to pay any "Fines," "Restitution," or "Reimbursement"?
- If you were sentenced to state prison, which one?
- If you were sentenced to state prison, what date were you released?
- If you were released on "Parole," what date did your parole end?
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Get a Copy of Your Criminal Records Information
Your criminal records information can be obtained from a variety of sources. Below is a list of the sources most commonly used.
- Your court papers received at the time of conviction.
- Your attorney, parole officer, probation officer, or contacts within the courts or law enforcement community .
- The Superior Court where you were convicted. They will only have information for convictions from that county and not other counties. You will need to make a copy of your order(s) of judgment.
- The California State Department of Justice , Criminal Records Division. They will have your criminal records information for the entire State of California. They are located at 4949 Broadway, First Floor Fingerprinting Office, Sacramento, California. Their phone number is (916) 227-3400. There is a fee, but you may be eligible for a fee waiver. You must provide written proof of your income. It may take several weeks for the record to arrive in the mail.
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What You Can Do
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Dismissals
If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.
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Are You Eligible for a Dismissal?
You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if:
- You received probation for that conviction and:
- You successfully completed probation or obtained early release,
- You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence,
- You are not currently serving another sentence or on probation for another offense, AND
- You are not currently charged with another offense.
- You never received probation and:
- Your conviction was a misdemeanor,
- It has been at least one year since the date you were convicted,
- You have complied fully with the sentence of the court,
- You are not currently serving another sentence,
- You are not currently charged with another offense, AND
- You have obeyed the law and lived an honest and upright life since the time of your conviction.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:
- You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code 12810(a) to (e) BUT:
- You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence, AND
- You are not currently charged with, on probation for, or serving a sentence on any other offense.
- It’s up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice.
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Some Convictions are Not Eligible for Dismissal
If you were convicted of any of the following offenses you are not eligible for a dismissal under Penal code section 1203.4(a):
- Any misdemeanor within the provisions of Vehicle Code section 42001(b).
- Any violation of Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j).
- A felony under Penal Code section 261.5(d).
- Any infraction.
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Diversion
If you were referred to a "diversion" program, you record will already be changed in one of two ways. If you successfully completed all of the diversion program requirements, your record should already be changed to show a dismissal. If you didn't complete your requirements or were not actually given diversion, then the conviction will be on your record.
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Marijuana Possession Offenses
If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.
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Juvenile Records
Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.
Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. You can do this by filing out a form and filing it with the juvenile court in the county in which you were convicted. Contact the juvenile court in the county you were convicted, and ask them to send you a copy of the form used in that county. Check to see if they have any special filing requirements such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.
If you graduated from the Department of Corrections and Rehabilitation, Division of Juvenile Justice , your juvenile conviction(s) will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38th birthday, then they will be destroyed.
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What Will a Dismissal Do?
Once all of your convictions have been dismissed:
- Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But, it is a good idea to read the Penal Code §1203.4 , the California Code Regs 7287.4(d) , and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. Click here to find the public defender.
- Applying for government employment or a government license: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
- You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
- Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
- Your prior conviction(s) can still affect your driving privileges.
- If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender.
- If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.
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Complete the Petition(s)
If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the Clerk of the Superior Court for the county in which you were convicted, and ask them for the following information:
- Have them send you as many copies of their form (if they have one) as you have convictions in that county.
- If you are filing a petition under Penal Code §1203.4 and §1203.4a, you can use the Petition and Order for Expungement (Form CR-180).
- Ask if you need to submit additional photocopies of the petition, and how many?
- Ask if their rules of court require you to serve copies of your petition on the district attorney and/or probation department?
- Ask what the correct mailing address is for filing by mail?
Remember, you can only dismiss one conviction at a time. This means you will fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time. If you are currently on probation, you will need to deal with that conviction first, then you can proceed with the others.
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File Your Petition(s) with the Court(s)
If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail (or deliver in person) your filing materials to the Clerk of the Superior Court for the county of your conviction(s).
Be sure to include any supportive materials such as letters of support, school diplomas and/or transcripts, and if applying for early release from probation, include a letter to the judge explaining why you feel you should be released from probation early. At the time you file your papers, the clerk will set a hearing date.
If required in your county, be sure to serve the district attorney and/or probation department.
You will be required to attend the hearing, although for 1203.4 and 1203.4a petitions you may not have to appear. If you are required to attend the hearing, BE SURE TO ATTEND. Be on time and dress conservatively. If your petition is granted, make sure to put the order in a safe place for your records.
The court cannot charge you a filing fee to file your petition. But, the court can charge you a fee after it makes a decision on your petition. Currently, the law allows for a maximum of $120 fee. But, in order to charge you this fee, the court has to determine that you are able to pay. So, if you cannot afford to pay, you can ask for a fee waiver. Click here for court fee and waiver information.
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If Your Petition(s) is Denied
Don't despair! You may still be able to get your conviction(s) dismissed. After you receive the order from the judge denying your dismissal, you can either go to, or call, the Clerk at the courthouse to see if you can find out why the petition was denied and whether you can fix the problem and re-file.
When you speak with the clerk, be respectful, and take notes. Follow the instructions of the clerk, and be sure to thank the clerk for his/her help.
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Certificate of Rehabilitation
If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a. You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Parole Hearings , Post Office Box 4036, Sacramento, CA 95812-4036. If you are eligible, you must file a petition with the Superior Court where you were convicted. This is a lengthy process that may necessitate the assistance of a private attorney.
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Last modified: 02/11/2009
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