sealing of adult convictions

Statutes authorizing sealing Penal Code 1203.4 – persons who complete probation Penal Code 1203.4a – persons sentenced without probation for misdemeanor Penal Code 1203.41 – persons sentenced to county jail prison term

Penal code 1203.4 For persons who successfully complete felony or misdemeanor probation Or in interests of justice Not available for Certain sex crimes Child pornography convictions Designated Vehicle Code violations

procedure File a petition with the court where conviction occurred after probation expired or terminated DA served Filing fee of up to $150 (ability to pay) Appear at court hearing

Granting of motion Court allows Court dismisses complaint withdrawal of guilty plea and enters plea of not guilty or sets aside guilty verdict Court dismisses complaint Def “shall thereafter be released from all penalties and disabilities resulting from the offense” May vote

Employment application Have you ever been convicted of a criminal offense? Answer: “No”

exceptions Must disclose on application for public office or license Still may disqualify for public office Still may not possess firearms Still must register as sex offender May be used as prior conviction Public may view record

Penal code 1203.4a Persons convicted of misdemeanors or infractions without probation Limited list of exclusions Similar to section 1203.4 Apply after one year from judgment Complied with terms of judgment Not serving a sentence or charged with crime

Filing fee of up to $60 (ability to pay) “Honest and upright life and has conformed to and obeyed the laws of the land.” Or in court’s discretion and in interests of justice Filing fee of up to $60 (ability to pay) Def “shall thereafter be released from all penalties and disabilities resulting from the offense”

exceptions No right to possess firearms No right to hold public office if excluded May be used as prior conviction Still must register as sex offender NOT REQUIRED to disclose on application for public office or license

Penal code section 1203.41 Persons not granted probation, but sentenced to county jail prison term Similar to section 1203.4 Relief in discretion of court and in interests of justice May apply after One year – “split sentence” Two years – straight sentence Fee of up to $150 (ability to pay)

Def “shall thereafter be released from all penalties and disabilities resulting from the offense” Exceptions May be used as prior conviction May not possess firearms Must disclose on application for public office or license May not hold public office if prohibited