In California, if a person has been convicted of a crime, he or she may be eligible to have their record dismissed.
He or she can petition the court for a dismissal if their conviction was for an infraction, a misdemeanor or a felony and he or she was not sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation.
If it is successful, the person’s record will be changed to show a dismissal instead of a conviction.
The person will need to gather relevant information for each conviction. This includes their case number, date of sentencing, code name and section number of any charge resulting in a conviction and whether the conviction occurred as a result of a verdict, guilty plea or no contest plea.
In addition, the person may need to gather information about the length of probation, if applicable, and any court ordered fines or restitution.
The court will make the ultimate determination about whether the person is eligible for a dismissal. Generally, the person is eligible if he or she successfully completed probation or was released early, has paid all fines, restitution and reimbursements ordered by the court, he or she is not currently serving another sentence or on probation for another offense and is not currently charged with another offense.
Once the dismissal is granted, the person does not need to disclose dismissed convictions to potential private employers. However, when applying for government employment, the person may need to disclose the conviction and that it was dismissed.
The dismissal will be based on the individual’s circumstances, but an attorney can review the situation and provide advice.