Dismiss/Expunge Conviction

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Dismiss/Expunge Conviction

If a person was not sentenced to state prison, went to state prison for a crime that would now be eligible for “county prison” (Pen. Code, § 1170(h)), or served as an inmate firefighter, they may be able to have their conviction dismissed. Some convictions that occurred after July 1, 2022, are automatically dismissed if a person successfully completes probation without violations. (Pen. Code, § 1203.425.) For convictions that occurred prior to this date, resulted in a non-probation sentence, or involved probation violations, a person must petition the court for dismissal. Dismissal will not erase the conviction, but it will allow a person to tell most private employers they were not convicted of a crime. A person may be eligible for this relief if they have completed the terms of the sentence; paid fines, fees, and restitution; and are not currently on probation/parole/PRCS (“community supervision”) or charged with a crime.

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