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.

Your Options. Depending on your particular situation, you may have the following options:

If you were convicted of a misdemeanor and are still on probation, you may request early release from probation and file petition to have conviction dismissed. To do this, file a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement.

If you were convicted of a misdemeanor and have successfully completed probation you may file a petition to have conviction dismissed. To do this, file a PC 1203.4 petition for expungement.

If you were convicted of a misdemeanor and were never given any probation at all, you may file a petition to have conviction dismissed. To do this, file a PC 1203.4a petition for expungement

You were convicted of a felony and are still on probation you may request early release from probation and file a petition to have your conviction reduced to misdemeanor and dismissed. To do this, file a PC 1203.3 petition to have probation terminated early.

Also file a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.

If you were convicted of a felony and are done with probation and/or county jail time you may file petition to have conviction reduced and dismissed.

To do this, file a PC 17(b) petition to get the felony reduced, and a PC 1203.4 petition for expungement

If you were convicted of a felony and were never given any probation at all and were sentenced to county jail, you may file a petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed.

To do this file a PC 17(b) petition to get felony reduced and a PC 1203.4a petition for expungement.

You were convicted of a felony and were sentenced to state prison or under the authority of the California Department of Corrections, you may file a petition for Certificate of Rehabilitation and Pardon.

Dismissal Of Cases Not Involving State Prison Sentences: If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the California Department of Corrections 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 no contender (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.

You are Eligible if:

1. If you were given probation, you have either completed it or obtained early release. If you violated your probation and it was either reinstated or revoked, then the court has discretion whether or not to grant you a dismissal.

2. If you were not given probation, it has been at least one year since the date of conviction.

3. You have paid all fines, restitution and reimbursement ordered by the court as part of your sentence.

4. You are not currently under arraignment for a new criminal offense (charges pending), nor are you on probation for another offense.

If you were convicted of any of the following offenses you are not eligible for a dismissal: Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; Penal Code Section 261(d), 286(c), 288, 288a(c), 288.5 and 289(j).

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.

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.

DISCLAIMER: THE CONTENT IN THIS ARTICLE IS MERELY INFORMATION AND NOT LEGAL ADVICE. ONLY A QUALIFIED ATTORNEY CAN GIVE LEGAL ADVICE.

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