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:
- You successfully completed probation or obtained early release;
- You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence;
- You are not currently serving another sentence or on probation for another offense; AND
- You are not currently charged with another offense.
- You never received probation and:
- Your conviction was a misdemeanor or an infraction;
- It has been at least 1 year since the date you were convicted;
- You have complied fully with the sentence of the court;
- You are not currently serving another sentence;
- You are not currently charged with another offense; AND
- 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 (meaning that the judge can decide to grant or deny your petition) 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:
- You have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence; AND
- 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. This is why it is wise to include a declaration along with the petition that explains how you have changed. You should provide specific examples that occur after your conviction that show how you have learned from the conviction, how the conviction has changed your behavior and why such conduct that led to the conviction will not reoccur in the future.
Convictions not eligible for dismissal
If you were convicted of any of the following offenses, you are not eligible for the relief of a dismissal under Penal Code section 1203.4a :
- Any misdemeanor within the provisions of Vehicle Code section 42002.1 ;
- Any infraction within the provisions of Vehicle Code section 42001 ;
- Any violation of Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j) ; or
- A felony under Penal Code section 261.5(d) .