Clean Record

​One of the good things about the American Criminal Justice System is the focus on rehabilitation.  While very few are actually rehabilitated in the jail or prison system, the law allows for individuals to seek somewhat of a fresh start.

Whether you have been charged with a misdemeanor or a felony, you  have the opportunity to get charges dismissed from your record in one of two ways, an expungement (dismissal) or a certificate of rehabilitation and pardon. 
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Both should be exercised whenever possible to give convicted persons a better shot a life.

​* Nothing on this page is legal advice, neither does it create an attorney-client relationship of any sort.  The material contained here is for informational purposes only.  Contact us for real legal advice and an opportunity to form a relationship with great attorneys.​

​What is Dismissal?

​If you were convicted of an infraction, a misdemeanor, or a felony and were not sentenced to state prison or put under the authority of the Department of Corrections and  Rehabilitation , 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 contest (nolo contendere) 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 no longer considered convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.

​When are you eligible for a dismissal?

​You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if:
  • You received probation for that conviction and:
    1. You successfully completed probation or obtained early release;
    2. You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence;
    3. You are not currently serving another sentence or on probation for another offense; AND
    4. You are not currently charged with another offense.
  • You never received probation and:
    1. Your conviction was a misdemeanor or an infraction;
    2. It has been at least 1 year since the date you were convicted;
    3. You have complied fully with the sentence of the court;
    4. You are not currently serving another sentence;
    5. You are not currently charged with another offense; AND
    6. You have obeyed the law and lived an honest and upright life since the time of your conviction.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:
  • You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code section 12810(a) to (e)  BUT:
    1. You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence; AND
    2. You are not currently charged with, on probation for, or serving a sentence for any other offense.
It is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice.

​Convictions not eligible for dismissal:

​If you were convicted of any of the following offenses, you are not eligible for a dismissal under Penal Code section 1203.4a :

Effects of Dismissal:

Once all your convictions have been dismissed, this is what you can expect:
  1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section 1203.4. So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But it is a good idea to read Penal Code section 1203.4 , or California Code of Regulations section 7287.4(d) , or to talk to the public defender in your county  if you have questions about your rights and obligations regarding past convictions when applying for a job. ​
  2. Applying for government employment or a government license: For questions by government employers or on government licensing applications, if you are asked if you have ever been convicted of a crime, you MUST respond with “YES—CONVICTION DISMISSED.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards) will treat you the same as if you had never been convicted of any crime.
  3. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
  4. Your dismissed convictions can still be used to increase your punishment in future criminal cases.
  5. Your prior convictions can still affect your driving privileges.
  6. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement. A dismissal will not relieve you of your duty to register as a sex offender. Your status as a registered sex offender will continue to be available to the public on the Internet under Megan’s Law.
  7. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.

Certificate of Rehabilitation and Pardon:

When you have been convicted of a felony and have served time in State Prison, you may be eligible for a Certificate of Rehabilitation and Pardon.  While this will not dismiss the charge, it basically notifies the public that you have been rehabilitated restoring some of your rights that you lost upon conviction.  These include: the right to a firearm (possibly), the right to vote, and better employment opportunities.