If convicted of a felony in the state of California, you may file a petition for dismissal if you meet the qualifications.
If the court approves this kind of expungement process in your case, you may also qualify for a Certificate of Rehabilitation.
Qualification requirements
California Penal Code section 1203.4 addresses eligibility for the petition for dismissal. If you have a felony conviction, you are eligible for relief if you meet certain requirements:
- You are not serving a sentence currently
- You are not currently on probation for any offense
- You are not charged with committing any offense
- You have either fulfilled all the conditions for your probation or been discharged before your probation ended or you qualify for relief “in the interest of justice”
Eligibility for Certificate of Rehabilitation
If the court approves your petition for dismissal, you may qualify to receive a Certificate of Rehabilitation. You must provide evidence of having lived in the state of California for a minimum of three years prior to filing for the certificate. You must have served a sentence in a California prison or penal institution from which you were discharged or paroled. Additionally, there is no incarceration on your record since that time.
Benefits of legal guidance
To avoid any possible legal missteps, your attorney can assist you in completing and filing the petition for dismissal form. Keep in mind that your record will now include a notation on the granting of relief. It does not remove previous entries in court, Justice Department or law enforcement records. However, if the court grants the petition, you will be able to start a new chapter and move on with your life.