Can You Clear Your Criminal Record in California?

The California Penal Code section that primarily addresses the dismissal of a conviction from a record is 1203.4. It is a lengthy section, but it basically says that if you have successfully completed your period of probation or if it has been terminated early for good cause, then you may apply to the court to have the court set aside your conviction and dismiss the charge(s).

If you were convicted of a misdemeanor or infraction and were never placed on probation, the law allows you to petition to have the conviction dismissed after one year has elapsed since the date of conviction if you have not committed any new offenses.

Successful completion of probation generally means that you have not violated any term of the probation while you have been on probation. For example, if you have another subsequent criminal case pending against you at the time your probation period ends in the first case, that generally means that you have not successfully completed your probation in the first case.

An experienced attorney can review your criminal record and determine whether you appear to have successfully completed your period of probation.

You should note that even if you still owe at the end of your otherwise successful probation period a restitution amount to a victim or the court that was a payment ordered as a term of probation, you may still be considered for a dismissal of the conviction at the end of the probation period to seal your record.

There are various and numerous exceptions to this dismissal by the court. So, you should check with an experienced attorney as to whether your particular conviction is one that is qualified to be dismissed before you decide to proceed with the process.

The process involves the filing of a Petition with the court clerk and the serving of a copy of the Petition with the district attorney’s office in the county where the conviction was entered against you.

Note that the sealing of your record by a court-ordered dismissal of your conviction does not wipe out of existence the fact that you have been convicted of a crime. It does take the conviction out of public view or public search of records.

Of great importance also is that you are allowed to say “no” on most job applications if asked if you have been convicted of a crime.

The conviction will still appear on your rap sheet if a cop runs it or on a background check. Your record will say the conviction has been dismissed pursuant to Penal Code section 1203.4 on the rap sheet or background check. And it is still a prior offense if that becomes relevant for a subsequent offense.

• A dismissal does not restore your right to own or possess a firearm if that right was taken away because of the conviction.

• Any protective or restraining orders may still stay in effect after the dismissal.

• If you were ordered to register as a sex offender, the conviction dismissal will not relieve you from that registration obligation.

• If you were sent to state prison, this type of dismissal is not available to you.

You may have other remedies to get the conviction off of your record. That is why it is important to talk to an experienced attorney such as one of us at The Jimenez Law Offices about whether you may be able to clear and seal your criminal record here in the Coachella Valley.