Dismissal/Set-Aside/Vacate/Shield/Felony Reduction/Removal

Dismissals, set-asides, vacate, shields, felony reduction, and removals are other remedies offered by courts in some states. Many of these remedies mean that most employers cannot see your criminal record. Dismissals, set-asides, vacate, shield, and felony reduction laws vary widely among the states that have them.

To find out about dismissals, set-asides, vacate, shields, felony reduction, or removals, select the state where your criminal record is located using the drop-down menu below:

California – Dismissal

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



 

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State field: California

Florida - Dismissal/Set-Aside/Vacate/Shield

Florida does not offer Dismissal/Set-Aside/Vacate/Shield.

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State field: Florida

Georgia - Dismissal/Set-Aside/Vacate/Shield

Georgia does not offer Dismissal/Set-Aside/Vacate/Shield.

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State field: Georgia

Illinois - Dismissal/Set-Aside/Vacate/Shield

Illinois does not offer Dismissal/Set-Aside/Vacate/Shield.

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State field: Illinois

New York – Dismissal/Set-Aside/Vacate/Shield

New York does not offer dismissals, set-asides, vacates, or shields.

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State field: New York

Texas - Dismissal/Set-Aside/Vacate/Shield

Texas does not offer Dismissal/Set-Aside/Vacate/Shield.

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State field: Texas

Wisconsin - Removal

What is a Removal?

Removal deletes the arrest information from the Department of Justice records, but it has no effect on court or police records.The Wisconsin Crime Information Bureau (CIB) handles removals.

Who is Eligible for a Removal?

You are eligible to have arrest information removed if the charges were dismissed or not prosecuted, you were released without charges being filed, or you were found not guilty or acquitted by a court. 

You are not eligible for removal in any of these situations:

  • If the charges were part of an arrest "event," and some charges arising out of that event are not eligible for removal (all charges must be eligible);
  • If the arrest involved "custody transactions": warrants, probation violations, or extradition;
  • If the information was already expunged by a court;
  • If the offense resulted in a conviction, and the court agreed to expunge the record if you successfully completed all conditions of your sentence;
  • If first-offender or youthful-offender status controlled the disposition of the charges, and  the charges were not dismissed; or
  • If the charges were amended to a lesser offense.

If you are uncertain whether you are eligible for a removal, consult with an attorney.

What Effect Does a Removal Have?

The Wisconsin Department of Justice (DOJ) removes an arrest record from its files. If the arrest information was reported to the FBI, the DOJ will notify the FBI to remove that record from its files. The DOJ's removal has no effect on court or police records. These records remain and are accessible by law enforcement and courts.

Once a record is removed, it cannot be considered at a later sentencing, for impeachment at a trial, or for enhanced sentencing. Employers cannot use a removed record to show that the offense is "substantially related" to a job. In other words, an employer cannot deny employment based on a removed record.

When Can I Apply for a Removal?

You can apply for removal of arrest information at any time. In some cases, the process for removal is almost automatic.

How Do I Apply for a Removal?

Here are the three steps to apply for a record removal:

  1. Complete the “Wisconsin Fingerprint Record Removal " form. To access the form and instructions, visit the Wisconsin's Crime Information Bureau (CIB) website here:  Wisconsin Fingerprint Record Removal Request
  2. Make copies of everything.
  3. Send the completed form and fingerprint card to the CIB address here:

Crime Information Bureau
Attn: Criminal History Unit
P.O. Box 2718
Madison, WI 53701-2718

There is no fee.

More Information About a Removal

For more information about removal  in Wisconsin, call Wisconsin's Criminal History Unit at (608) 266-7314 or the unit supervisor at (608) 261-6267/(608) 266-0872. To access published forms and helpful brochures, visit the Office of Court Operations website here: Removal of Arrest Information.

Related Links

The Papillon Foundation - Wisconsin Criminal Record Resources
Collateral Consequences Resource Center
Wisconsin Circuit Court
Wisconsin Court System
Wisconsin Department of Justice
State Bar of Wisconsin

 


 

 

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State field: Wisconsin