Is the dismissal process the same for each county in California?

Is the dismissal process the same throughout California for the same kind of conviction?

In another words, if two persons suffer the same misdemeanor conviction, let’s say a DUI, but the convictions occur in two different counties, is the process the same to get the two convictions dismissed?

Expungement, also called “dismissal”, is permitted by California law for most misdemeanors, including DUIs.  Even though state law permits dismissals, the dismissal process is not standardized in the state of California.  Dismissal of a conviction is actually county specific.  California has 58 counties and as such, California has 58 different ways to dismiss a conviction.

Therefore, if you suffered a misdemeanor conviction, you must begin the dismissal process in the county where the conviction occurred.  Even though dismissal is a statewide law, the procedure that you must follow to dismiss your conviction differs among the 58 counties.

Some counties have a dismissal process in which the dismissal document, called a petition, is filed directly with only court.  In that set of counties, the person who suffered the conviction, called the petitioner, does not have to serve (send the petition) to any other governmental agency.   The petitioner either delivers the petition in person to the clerk of the court or mails it to the clerk of the court.
Several variations exist, though, in this seemingly easy procedure.  Some of the counties in this group have no filing fee.  The petition to dismiss is free.  Others have filing fees that range up to $150.

Another variation is if payment, a filing fee is due, when the payment must be made.  Some counties require payment at the time the petition is actually presented, either in person or by mail, to the clerk.   Others want payment if and only if the petition is granted.

Still another variation is whether or not the court holds a hearing about the petition.  Some petitions are adjudicated (decided) without any hearing.  The court simply sends the petitioner a notice (decision) by mail.   Other counties require that the petitioner attend a court hearing at which time the judge will inform the petitioner of the court’s decision.

In another set of counties, the dismissal process involves service (sending the petition) to more than just the clerk of the court.  Some counties require that the petitioner send a copy of the petition for expungement to the county district attorney.  Other counties insist that the petitioner not only provide a copy of the petition to the district attorney’s office but also to the probation department.

Every county requires that the petitioner file a petition for expungement.  However, some counties have even gone so far as to develop their own county specific forms that are different than the standard petition form.  That means that some counties have their own, county specific expungement petition.

In addition, some counties have developed county specific forms other than the petition that they require in addition to the expungement petition.  Such forms are needed  so that these counties can verify that since the petitioner’s conviction that the petitioner is trying to expunge, the petitioner has paid all the fines in the case.  Other forms are used to confirm that since the conviction, the petitioner has not been convicted of or has any pending misdemeanor or felony cases.

This web site, www.clearyournamefast.com, has all the forms that each of the 58 counties in California requires, along with a county specific explanation of what must be done.