You are eligible for dismissal of a conviction, and the court will dismiss your conviction, if:
You received probation for that conviction, and:
- You also have paid all the fines, restitution and reimbursements ordered by the court as part of your sentence.
- You successfully completed probation or obtained early release.
- You are not currently serving another sentence or are on probation for another offense.
- AND you are not currently charged with another offense.
You never received probation and:
- Your conviction was a misdemeanor.
- It has been at least a year since your conviction date.
- 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 (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 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 on any other offense.
Once all of your convictions have been dismissed:
- You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
- Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
- Your prior conviction(s) can still affect your driving privileges.
- 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.
- If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed.