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CALIFORNIA PENAL CODE (PC) 1203.3/1203.4/1203.4a DISMISSAL(S)
- At the time of filing the petition, you must provide the Court with:
- An original Petition for Dismissal (Form No. CR-180), an original Order for Dismissal (Form No. CR-181) and five (5) copies of each. (Original, one copy for Probation, one copy for the District Attorney, one copy for petitioner/filer, one copy for petitioner with SASE* for return by U.S. mail, one copy for file.) The Court will forward the petition to Probation and the District Attorney.
- All documents must be two-hole punched at the top.
- *To receive a copy of the petition by U.S. Mail after it has been ruled upon, you must submit a self-addressed stamped envelope. Failure to do so will equate to a $25 certification charge plus a copy fee of $.50 per page if a copy is requested at a later date.
Is There A Filing Fee?
- The Court will impose a filing fee as follows:
- If no probation was given at the time of your sentence, the filing fee is $60.00.
- If a probation term was given at the time of your sentence, the filing fee is $120.00.
- There is no fee to file a PC 1203.3 only.
- Fee waivers are available to those who qualify. (Forms: FW-001-Info, FW-001, FW-003)
- If for any reason, your petition is not granted, the above fees are not refundable.
Is My Appearance Necessary?
- Your appearance at the hearing depends on the type of hearing:
- For misdemeanor cases only, no appearance is necessary. These hearings are conducted ex parte with a “Rule By Date” of eight (8) weeks from date of filing.
- For felony cases, you may choose to appear. The hearing will be on a date ninety (90) days from the date of filing.
- If filing both felony and misdemeanor cases simultaneously, all cases follow the felony path.
Who is Eligible?
- Anyone who has paid all court ordered fees, fines, and victim restitution and meets the following criteria:
- PC 1203.3 – Probation should be granted relief in the interests of justice.
- PC 1203.4 – All conditions of probation have been completed.
- PC 1203.4a – All terms of sentencing have been completed.
Who is Not Eligible?
- A person is not eligible for a record clearance of this type if any of the following conditions exist:
- The person is serving a sentence for any offense, is still on formal or informal probation for any offense, or is charged with the commission of any offense.
- The person was arrested and convicted of a crime within one year of the pronouncement of judgment.
- Probation for the current application was revoked and not later reinstated.
- The person has failed to appear or failed to pay fines to the Department of Motor Vehicles.
- The conviction is for an infraction (an infraction is defined as a criminal offense for which a jail sentence may not be imposed, whether traffic or otherwise), or for a violation of Sections 2800, 2801, or 2803 of the California Vehicle Code.
- Revised 08.07.14
What Will Be The Effect of Having The Petition Granted?
- The most common reason for obtaining relief pursuant to PC1203.4/1203.4a is to allow the previously-convicted person to state on non-governmental employment applications that they have not been convicted of a felony.
- However, the record of conviction continues to exist and continues to have certain effects. A clearance of this type does not eliminate all possible adverse consequences or release a person from all “penalties and disabilities” resulting from the charges in the case:
- Information relating to the case may be available to others when the release of such information is authorized by law.
- A dismissal pursuant to PC 1203.4/1203.4a does not relieve a person of the obligation to disclose the conviction in response to direct questions contained in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery.
- A dismissal pursuant to PC 1203.4/1203.4a will not keep the conviction from being used against a person as a prior conviction in any future criminal proceedings, such as for enhancing a prison sentence.
- A dismissal pursuant to PC 1203.4/1203.4a will not avoid suspension of one’s driving privilege as set forth in Section 13555 of the Vehicle Code.
- A dismissal pursuant to PC 1203.4/1203.4a will not permit the person convicted to own, possess, or have in their custody or control a firearm, and will not prevent a person from being convicted under Section 12021 of the Penal Code (person prohibited from possessing a firearm) in the future.
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