California law has a provision, California Penal Code Section 1203.4, which gives partial record clearing relief to persons who have been granted probation after being convicted by a court of either a felony or misdemeanor. A person can apply for this relief if they have fulfilled all the conditions of their probation, or have been discharged before the termination of their probation.
If certain conditions of eligibility are met, the court will then dismiss the formal accusation against the defendant, and, with certain exceptions, the defendant is then released from many of the legal consequences of their criminal conviction.
A person is not eligible for a record clearing of this type if:
- The person is serving a sentence for any offense, is still on formal or informal probation for any offense, or is charged with the commission of any offense
- The person was arrested and convicted of a new crime within one year of the pronouncement of judgment
- Probation for the current application was revoked and not later reinstated
- There is an outstanding warrant for the arrest of the person
- The person has failed to appear or failed to pay fees or fines to the Department of Motor Vehicles
- The conviction is for an infraction (an infraction is defined as a criminal offense for which a jail sentence may not be imposed, whether traffic or otherwise), or for a violation of Sections 2800, 2801, or 2803 of the California Vehicle Code
- The Record of Conviction Continues to Exist and Continues to Have Certain Effects
- A record clearance of this type does not eliminate all possible adverse consequences or release a person from all penalties and disabilities resulting from the charges in the case
Information relating to the case may be used against the interest of a person where the release of such information is authorized by law. Also, an order of dismissal pursuant to Section 1203.4 of the Penal Code does not relieve a person of the obligation to disclose the conviction in response to direct questions contained in any questionnaire or application for public office or for licensure by any state or local agency.
This type of partial record clearance will not keep the conviction from being used against a person as a prior conviction in any future criminal proceedings, such as for enhancing a prison sentence. Additionally, it will not serve to avoid suspension of one's driving privilege as set forth in Section 13555 of the Vehicle Code.
Visit downloads for sample expungement documents.