What is Dismissal?
In California, expungements are called dismissals.
Getting a conviction dismissed means that the conviction information should not show up on a commercial background check, so most employers and landlords will not see it. The conviction will still show up on your FBI and California RAP sheets with a note that it has been “dismissed.”
If your conviction is dismissed, you do not have to tell most employers about it. You do, however, have to disclose the conviction when answering questions on an application for an occupational license, a job with the California lottery, or any job with a government agency.
Who is Eligible for Dismissal?
If you were convicted of an infraction, misdemeanor, or felony and did not serve any time in prison for the offense, you are eligible to apply to have the conviction dismissed. To be eligible, you must have completed the term of your supervision, not be serving a sentence for any other offense, and have no pending charges.
There are some convictions that can never be dismissed.
Most juvenile records can be sealed. You will find more information at the Clean Slate Clearinghouse.
What Effect Does Dismissal Have?
Once a conviction is dismissed, it should not show up on a commercially prepared background check, so most employers and landlords will not see it. If your conviction is dismissed, you are allowed to say “no” on a job application that asks if you have a conviction, unless it is one of the applications described below.
Dismissed convictions will still show up on your FBI and California RAP sheets with a note that it has been “dismissed.”
If you are applying for an occupational license, a job with the California state lottery, or a job with any government agency, you must answer “yes” if asked about prior convictions. You should explain that the conviction has been dismissed.
When and How Can I Apply for a Dismissal?
The type of conviction and the sentence you received determines when you can apply to have your conviction dismissed. You may have to wait up to two years after you have completed your sentence to have your conviction dismissed. Whether or not the dismissal is mandatory – meaning the judge must grant your dismissal petition – is also dependent on what type of conviction and sentence you receive.
Use this Petition for Dismissal form to file with the court:
Petition for Dismissal, CR-180
- If you were sentenced to probation for a misdemeanor or a felony and you have successfully completed your probation or you were discharged early, you can file a petition to have your conviction dismissed. If you meet the criteria, including not being on any form of supervision for another offense and not having a pending criminal charge, the court must grant the dismissal.
If you did not successfully complete your probation, you can still apply to have your conviction dismissed. It is up to the court whether or not to grant the dismissal.
- If you were convicted of a misdemeanor or an infraction and no probation was ordered, you can file a petition to have your conviction dismissed one year later. If you meet the criteria, including having completed all terms of your sentence including paying all of your fines and fees, not being on any form of supervision for another offense, and not having a pending criminal charge, the court must grant the dismissal.
If you have not completed all terms of your sentence, you can still apply to have your conviction dismissed. It is up to the court whether or not to grant the dismissal.
- If you were convicted of a certain serious traffic offenses under California Vehicle Code sections 12810(a) and (2c) and you were sentenced to probation, you can file a petition to have your conviction dismissed after you complete the terms of your probation. It is up to the court whether or not to grant the dismissal.
- If you were convicted of a felony, part of your jail time was suspended, and you were put on mandatory supervision, you can file a petition to have your conviction dismissed one year after you complete your sentence. It is up to the court whether or not to grant the dismissal.
- If you were convicted of a felony and part of your jail time was suspended, you can file a petition to have your conviction dismissed two years after you complete your sentence. It is up to the court whether or not to grant the dismissal.
- If you are a current or former U.S. military member and you were convicted of a felony and sentenced to probation with treatment, the case can be dismissed. The court should start the dismissal process but it is up to the court whether or not to grant the dismissal.
More Information About Dismissal
Clean Slate Clearinghouse
Roadmap to Reentry: A California Legal Guide
California Courts