What is a “dismissal” of a conviction?

If you have ever been convicted of a misdemeanor in California, California law (Penal Code Section 1203.4) now permits persons convicted of most misdemeanors to get their conviction dismissed. This law includes DUIs, (driving with a blood level alcohol of .08% or higher), even with prior DUI convictions!

When the court grants an expungement petition, the judge withdraws your guilty or no contest (nolo contendere) plea, or verdict of guilt if you went to trial, and enters 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.

As you know, employers conduct comprehensive background checks. With competition for jobs being so fierce, you certainly don’t want a criminal conviction to prevent you from getting or keeping your dream job.

Here’s great news: 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. 2 California Code of Regulations Section 7287.4(d) prohibits an employer from asking about a dismissed conviction.

More great news: dismissing a conviction typically takes approximately only one to two months!

This is what a typical order granting dismissal looks like:

What are the benefits of dismissal?

In today’s world, the job market is increasingly competitive. Prospective employers are conducting comprehensive background checks and any blemish on your record can lead to unwanted questions about past experiences.

CLEAR YOUR NAME FAST provides you with the opportunity to regain the advantage in the employment process.

Here’s more great news: under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code Section 1203.4. Please see how 2 California Code of Regulations Section 7287.4(d) prohibits an employer from asking anything about a dismissed conviction!

We offer the best, fastest and most inexpensive way to dismiss your conviction and clear your name fast!

Please see how easy it is for you to qualify and start the dismissal process today!

See What a Dismissal looks like

How can I get started?

Dismissal of all charges does not happen automatically, but with very little effort on your part you can clear your name fast! This website offers you a way to file a petition to the court on your own behalf (with the forms provided). The petition is based on California Penal Code Sections 1203.4 and asks the sentencing judge to withdraw either a guilty or no contest plea and enter a plea of not guilty. If the person was convicted after a jury trial, the person petitions the court to set aside the verdict of guilty.

What information do I need?

You only need to provide the following information:

• Case number (also known as a docket number)
• County where convicted (example: Alameda County)
• If your county of conviction has more than one court, you need to know the name of the branch of the court where your conviction occurred
• Offense(s) for which you were convicted
• Date of the conviction (month, day, year)
• Length of probation

All this information appears on court paperwork that you received after the judge sentenced you. Please locate your “terms and conditions of probation,” because it contains all this information.

As indicated above, you must know the offense(s) for which you were convicted. “Offense” does not mean the name of the charge, for example DUI, but rather the specific code sections that represent a misdemeanor violation.

“Offenses” refer to violations of the California codes, such as the Vehicle, Penal or Health and Safety codes.

A DUI conviction is for Section 23152(a) or 23152 (b) of the California Vehicle Code. A wet reckless conviction is a conviction of Section 23103 pursuant to 23103.5 of the California Vehicle Code.

You must also know the length of your probation. Typically, the length of probation is between one to five years depending on the charge. For a DUI, the length of probation is between three to five years. For a wet reckless, the length of probation is between one to three years.

You must also determine if you successfully completed probation. “Successful completion” of probation means that you did not violate probation by failing to follow what the judge ordered you to do. If you did violate your probation, you would typically have received formal notice that your probation was revoked because of a failure to follow the judge’s orders. The vast majority of people follow everything that the judge orders without exception and successfully complete their probation. Please note: when a person successfully completes probation, he or she does not receive any notice of successful completion of probation from the court.

Example of successful completion of DUI probation: in 2003, the judge ordered Jane to be on probation for five years and do the following:

• Perform six days of community service
• Enroll into and complete a three month DUI class
• Pay a fine
• Pay for the damages (“restitution”) resulting from Jane’s DUI related accident

Jane did all the above without any problems. Jane successfully completed probation.

If you are uncertain about any of the information regarding your case number, the offense(s) for which you were convicted, the date and length of probation, or whether you successfully completed your probation please contact the clerk of the court, criminal division, where your conviction occurred.

What does “probation” mean?

Probation is a judge placing limitations on your behavior for a period of time as part of your sentence. These limitations can include your having to do work in lieu of jail, pay a fine, and in the case of DUIs, attend and complete a DUI class.

Probation is either informal (99.9% of misdemeanors) or formal (probation officer). Informal probation means that a judge ordered you to lead a law abiding life and to follow all terms of probation without the supervision of a probation officer.

To learn more about your probation status, please review the paperwork that you received from the court. Typically after being sentenced, a person receives a piece of paper called “terms and conditions of probation.” The “terms and conditions of probation” document will contain information about whether you received probation, the length of your probation period, the amount of fines owed, the dates by which the fines must be paid, the amount of community service/work/jail time that you must do, and other orders made by the sentencing judge.

If you no longer have your “terms and conditions of probation,” you may contact the clerk of court (criminal division) where you were sentenced to obtain a copy of the terms and conditions of probation.

What is successful completion of probation?

How do you know if you successfully completed probation? The answer is easy: if you did everything that the judge ordered you to do (did the work/community service, paid the fine, attended the DUI classes), and did not get arrested during probation, then you completed probation successfully. Please note: getting tickets during probation for minor violations such as traffic infractions (example: speeding) do not matter.

In the vast majority of cases, a person successfully completes probation. When a judge sentences a person, the judge orders the person to do or not to do certain things. In 99% of the cases, judges typically order a person to lead a law abiding life, pay a fine, and do community service or work or jail time. In driving under the influence of alcohol cases, judges also order a person to attend and complete a DUI school.

Probation ends when the term expires. Example: a person is sentenced to 36 months (three years) probation on a DUI on June 6, 2007. On June 6, 2010, probation ends automatically if the person never violated probation. There is nothing the court sends to the person that alerts the person that probation is over.

If you were not completely successful while on probation, your probation was probably “violated,” meaning that you had to return to court in front of the judge to be accused of failing to obey the terms and conditions of probation.

If you are uncertain about whether or not you violated your probation, you may contact the clerk of court (criminal division) and inquire.

1203.4 (California Penal Code) (Emphasis added to certain areas).

(a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.

Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.

This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e) inclusive, of Section 12810 of the Vehicle Code.

(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.

(d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred twenty dollars ($120), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred twenty dollars ($120), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred twenty dollars ($120). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.

(e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.

It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

(g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

California Code of Regulations 7287.4(d)(1)(B)

(emphasis added to certain areas).

(d) Specific Practices.

(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:

(B) any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4;

The entire 2 California Code of Regulations 7287.4 is reprinted below:

2 California Code of Regulations 7287.4. Employee Selection

(a) Selection and Testing. Any policy or practice of an employer or other covered entity which has an adverse impact on employment opportunities of individuals on a basis enumerated in the Act is unlawful unless the policy or practice is job-related, as defined in Section 7287.4(e). The Commission herein adopts the Uniform Guidelines on Employee Selection Procedures promulgated by various federal agencies, including the EEOC and Department of Labor. [29 CFR 1607 (1978)].

(b) Placement. Placements that are less desirable in terms of location, hours or other working conditions are unlawful where such assignments segregate, or otherwise discriminate against individuals on a basis enumerated in the Act, unless otherwise pursuant to a permissible defense to employment discrimination. An assignment labeled or otherwise deemed to be “protective” of a category of persons on a basis enumerated in the Act is unlawful unless pursuant to a permissible defense. (See also Section 7291.2(d)(2) regarding permissible transfers on account of pregnancy by employees not covered under Title VII of the federal Civil Rights Act of 1964.)

(c) Promotion and Transfer. An employer or other covered entity shall not restrict information on promotion and transfer opportunities to certain employees or classes of employees when the restriction has the effect of discriminating on a basis enumerated in the Act.

(1) Requests for Transfer or Promotion. An employer or other covered entity who considers bids or other requests for promotion or transfer shall do so in a manner that does not discriminate against individuals on a basis enumerated in the Act, unless pursuant to a permissible defense.

(2) Training. Where training which may make an employee eligible for promotion and/or transfer is made available, it shall be made available in a manner which does not discriminate against individuals on a basis enumerated in the Act.

(3) No-Transfer Policies. Where an employment practice has operated in the past to segregate employees on a basis enumerated in the Act, a no-transfer policy or other practice that has the effect of maintaining a continued segregated pattern is unlawful.

(d) Specific Practices.

(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:

(A) Any arrest or detention which did not result in conviction;

(B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or

(C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.

(2) Height Standards. Height standards which discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit unless pursuant to a permissible defense.

(3) Weight Standards. Weight standards which discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit unless pursuant to a permissible defense.

(e) Permissible Selection Devices. A testing device or other means of selection which is facially neutral, but which has an adverse impact (as described in the Uniform Guidelines on Employee Selection Procedures (29 CFR 1607 (1978)) upon persons on a basis enumerated in the Act, is permissible only upon a showing that the selection practice is sufficiently related to an essential function of the job in question to warrant its use. (See Section 7287.4(a).)

2 CCR 7287.4 reads:

2 California Code of Regulations 7287.4. Employee Selection

(a) Selection and Testing. Any policy or practice of an employer or other covered entity which has an adverse impact on employment opportunities of individuals on a basis enumerated in the Act is unlawful unless the policy or practice is job-related, as defined in Section 7287.4(e). The Commission herein adopts the Uniform Guidelines on Employee Selection Procedures promulgated by various federal agencies, including the EEOC and Department of Labor. [29 CFR 1607 (1978)].

(b) Placement. Placements that are less desirable in terms of location, hours or other working conditions are unlawful where such assignments segregate, or otherwise discriminate against individuals on a basis enumerated in the Act, unless otherwise pursuant to a permissible defense to employment discrimination. An assignment labeled or otherwise deemed to be “protective” of a category of persons on a basis enumerated in the Act is unlawful unless pursuant to a permissible defense. (See also Section 7291.2(d)(2) regarding permissible transfers on account of pregnancy by employees not covered under Title VII of the federal Civil Rights Act of 1964.)

(c) Promotion and Transfer. An employer or other covered entity shall not restrict information on promotion and transfer opportunities to certain employees or classes of employees when the restriction has the effect of discriminating on a basis enumerated in the Act.

(1) Requests for Transfer or Promotion. An employer or other covered entity who considers bids or other requests for promotion or transfer shall do so in a manner that does not discriminate against individuals on a basis enumerated in the Act, unless pursuant to a permissible defense.

(2) Training. Where training which may make an employee eligible for promotion and/or transfer is made available, it shall be made available in a manner which does not discriminate against individuals on a basis enumerated in the Act.

(3) No-Transfer Policies. Where an employment practice has operated in the past to segregate employees on a basis enumerated in the Act, a no-transfer policy or other practice that has the effect of maintaining a continued segregated pattern is unlawful.

(d) Specific Practices.

(1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:

(A) Any arrest or detention which did not result in conviction;

(B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or

(C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.

(2) Height Standards. Height standards which discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit unless pursuant to a permissible defense.

(3) Weight Standards. Weight standards which discriminate on a basis enumerated in the Act shall not be used by an employer or other covered entity to deny an individual an employment benefit unless pursuant to a permissible defense.

(e) Permissible Selection Devices. A testing device or other means of selection which is facially neutral, but which has an adverse impact (as described in the Uniform Guidelines on Employee Selection Procedures (29 CFR 1607 (1978)) upon persons on a basis enumerated in the Act, is permissible only upon a showing that the selection practice is sufficiently related to an essential function of the job in question to warrant its use. (See Section 7287.4(a).)

1203.4 (California Penal Code) reads:

(a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.

Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.

Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.

This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e) inclusive, of Section 12810 of the Vehicle Code.

(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.

(d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred twenty dollars ($120), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred twenty dollars ($120), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred twenty dollars ($120). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.

(e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.

It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

(g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

1203.4a California Penal Code reads:

(a) Every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty; or if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 12021.1 of this code or Section 13555 of the Vehicle Code. The defendant shall be informed of the provisions of this section, either orally or in writing, at the time he or she is sentenced. The defendant may make an application and change of plea in person or by attorney, or by the probation officer authorized in writing; provided, that in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section.

This subdivision applies to convictions which occurred before as well as those occurring after, the effective date of this section.

(b) Subdivision (a) does not apply to any misdemeanor falling within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, or to any infraction.

(c) A person who petitions for a dismissal of a charge under this section may be required to reimburse the county and the court for the cost of services rendered at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed sixty dollars ($60), and to reimburse any city for the cost of services rendered at a rate to be determined by the city council not to exceed sixty dollars ($60). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision.

(d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.