1. sealing of adult convictions

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

3. Penal code
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

4. 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

5. 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

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

7. 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

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

9. 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”

10. 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

11. Penal code section
Persons not granted probation, but sentenced to county jail prison term
Similar to section
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)

12. 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