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 – visit the NOLO PRESS website: www.nolo.com.

Note that you can get either a felony conviction or a misdemeanor conviction cleared.

This often is a very easy process. To be eligible for an automatic dismissal upon petitioning, you must have completed probation successfully (no probation violations and all restitution and fines paid); and you cannot have a criminal case pending against you. No court date is needed in most cases.

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.

Currently, (May 2014), Santa Cruz County Clerks Office charges $180.00 to process your petition. You can mail your forms/ check or money order 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 first file 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. Here is a link to the forms currently used by the probation department and the court with instructions.

Advantages of cleaning up your record include:

• you may answer that you have not been convicted of a crime on many applications for school or work;
• your conviction cannot be brought up in later civil trial relating to your arrest; and,
• if you are a non — citizen, getting your conviction dismissed may prevent deportation.

What getting your conviction dismissed will not accomplish:
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.)

Felony Convictions — Reduction to Misdemeanor:
If your felony conviction was for a charge which could have been filed as a misdemeanor (known as a “wobbler”) you should 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 simply check mark the box on the PC1203 petition form.

Misdemeanor Convictions with Probation Remedy
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:

• you must have successfully fulfilled the conditions of your probation;
• you cannot be currently serving a sentence for another conviction;
• you cannot currently be on probation for another case;
• you cannot currently be charged for another offense; and,
• you must pay the Court’s administrative fee while filing your petition.

Remember, as noted above, getting your misdemeanor charges dismissed is nearly always worth it. But the “dismissed charges” may still be considered for:

• public employment consideration (you must tell them);
• professional license applications (you must tell them);
• driving record review by DMV;
• increased punishment in criminal court;
• right to possess weapons; and,
• if you are required to register for your conviction, then you must continue (certain drug and sex crimes).

Misdemeanor Convictions without Probation Remedy
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:

• you must wait at least one year from the sentencing date;
• you cannot have been convicted of another crime committed in the year following your sentencing date;
• you cannot currently be serving a sentence or be on probation for another conviction (after you complete probation successfully in the new case then apply);
• you cannot currently be charged for another offense (resolve the case then apply); and,
• you must pay the Court’s administrative fee while filing your petition.

Currently, Santa Cruz County charges $180.00 to process your petition.

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:

• professional license applications (you must tell them);
• driving record review by DMV;
• increased punishment in criminal court;
• right to possess weapons;
• and if you are required to register for your conviction, then you must continue (certain drug and sex crimes).

Marijuana Records
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:

• sales,
• possession for sale, or
• cultivation.

If you were either arrested or convicted of a marijuana charge before 1976, you can probably get your record destroyed. Those charges include:

• possession of marijuana in any amount or giving away less than 28.5 grams of marijuana or transporting less than 28.5 grams of marijuana,
• possessing smoking paraphernalia,
• being in a place where marijuana was being used, and
• smoking or being under the influence of marijuana.

To make sure that your records have actually been destroyed, it is recommended that you request a copy of your record and double-check.

Getting a Copy of Your Record
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.

Using Freedom of Information law to access government materials — Here is a sample form.