Expungement Process

• What does dismissal not do?

  The record of conviction will still exist and will continue to have certain effects. Dismissal does not eliminate all possible adverse consequences or release a person from all “penalties and disabilities” resulting from the charges in the case.

  • Case information may be available to others when the release of such information is authorized by law.
  • You still have to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.
  • The dismissed conviction will still be considered a prior conviction in future criminal proceedings, such as for enhancing a prison sentence.
  • Dismissal does not affect suspension of your driving privilege (Vehicle Code Section 13555), nor does it affect Department of Motor Vehicles (DMV) actions or future consequences for crimes involving operation of a motor vehicle.
  • Dismissal will not permit you to own, possess, or have in your custody or control a firearm, and will not prevent you from being convicted under Section 12021 of the Penal Code as a person prohibited from possessing a firearm in the future.
  • You will still need to register under Penal Code §290.
  • Dismissal does not seal your record, destroy or remove any entries from the court, law enforcement, Department of Justice, or DMV. The case, including the conviction, will remain public record.
  
  

• Can my charges be dismissed?

  Anyone who has paid all court-ordered fees, fines, and victim restitution and meets the following criteria is eligible for dismissal under the following codes:

  • PC 1203.3 – Probation should be terminated early in the interests of justice.
  • PC 1203.4 – All conditions of probation have been completed.
  • PC 1203.41 – All terms of sentencing have been completed.
  • PC 1203.42 – Effective 1/1/2018 the court may order relief if all conditions of PC 1203.42 are met.
  • PC 1203.43 – Petitioner performed satisfactorily during the period in which deferred entry of judgment was granted, and can establish that criminal charge(s) were dismissed under PC 1000.3.
  
  

  You are not eligible if:

  • You are serving a sentence for any offense, are still on formal /informal probation for any offense, or are currently being charged with the commission of any offense.
  • You failed to appear or failed to pay fines to the Department of Motor Vehicles, or to the Department of Revenue Recovery.
  • You were convicted of violating VC 2800, VC 2801, or VC 2803.
  • Probation was revoked in a case and not later reinstated.
  • You were arrested and convicted of a crime within one year of judgment.
  • You cannot dismiss any misdemeanor that is within the provisions of VC 42001(b); or any violation of the following: PC 286(c); PC 288; PC 288a(c); PC 288.5; PC 289(j).
  
  

• Record Clearance for Fire Crew Members (PC 1203.4b)

  California State Assembly Bill 2147 was signed into law in 2020. This law amends the Penal Code to add Section 1203.4b, speeding up the expungement process for former inmates who participated in conservation camps or county hand crews. If you participated in one of these programs, you do not need to wait to complete parole, probation, or supervised release to apply for dismissal.

  You may qualify under Section 1203.4b if:

  • You successfully participated in a Conservation Camp or as a member of the County incarcerated individual hand crew.
  • Successful participation means that you “adequately performed [your] duties without any conduct that warranted removal from the program”.
  • You have been released from custody.
  • You have not violated any terms of your probation, parole, or supervised release.
  • You have not been charged with another offense.
  
  

  You are not eligible for relief under this section if you have been convicted of any of the following crimes:

  • Murder
  • Kidnapping
  • Rape as defined in paragraph (2) or (6) of subdivision (a) of PC 261 or former section PC 262.
  • Lewd acts on a child under 14 years of age, as defined in PC 288
  • Any felony punishable by death or imprisonment in the state prison for life
  • Any sex offense requiring registration pursuant to PC 290
  • Escape from a secure perimeter within the previous 10 years
  • Arson
  
  

• How much does it cost to file the petition?

  There is no filing fee.

  There is no administrative cost assessed for records clearance for Fire Crew Members.

• What form do I complete?

  You must complete a separate Petition for Dismissal for each case you want to dismiss in Sacramento County.

  Before you complete your petition, you will need the following information:

  • Case Number
  • Date of conviction
  • Code section of the conviction (e.g., Penal Code 459.5)
  • Description of the code section (e.g., Shoplifting)
  • County where you were convicted (must be Sacramento County to file here)

  If you are going to request that the court waive the administrative costs, you may also need:

  • Recent pay stubs or other documents for the source of income
  • Bank statements
  • Real estate/mortgage statement
  • Vehicle loan statement
  • Information regarding your monthly expenses

  Instructions specific to Sacramento Superior Court can be found in Petition Information and Instructions Related to: Penal Code §1203.4b and Petition Information and Instructions Related to Penal Code §§17(b), 1203.3, 1203.4,1203.4a, 1203.41, 1203.42, and 1203.43.  Complete Sacramento Petition Form CR-9 if applicable.  All other forms for dismissal are available on the Judicial Council’s website. To find the correct forms for your situation, visit the Clean Your Record webpage.

• Relief in the Interest of Justice

  If you are petitioning for relief in the interest of justice (you checked box 2c, 3b, 4c, 5*, or 6c on the Petition for Dismissal form), you must explain how granting dismissal is in the interest of justice. An attached declaration explains how you have changed your life since the conviction, and the negative impact the conviction has had on you. Use MC-031 to write your statement and tell the court why any attached documents are relevant.

  If you are applying for relief under PC 1203.49, you must "establish by clear and convincing evidence that the conviction was a result of [your] status as a victim of human trafficking."

• How do I file my documents?

  At the time of filing the petition, you must provide the court with:

  • An original Petition for Dismissal (Form No. CR-180) and five (5) copies of each.
  • An original Order for Dismissal (Form No. CR-181) and five (5) copies of each.
  • An original Petition (Form No. CR-9), if applicable, and five (5) copies of each. The CR-9 is only used for 1203.3/17PC requests, or for 1203.4 PC requests if the case is still on probation.
  
  

  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 $40.00 certification charge plus a copy fee of $.50 per page if a copy is requested at a later date.

  Documents can be submitted in person or by mail to the Criminal Division at the Tani Cantil-Sakauye Sacramento County Courthouse.

• I filed my petition. What now?

  Do I have to appear at the hearing?

  You must appear for the hearing.

  • If you are still on probation for a Misdemeanor case (PC 1203.3).
  • In all felony cases. The hearing will be scheduled ninety (90) days after the date of filing.
  • If filing both felony and misdemeanor charges at the same time, all charges follow the felony path.
  
  

  You do not need to appear at the hearing for misdemeanor cases not on probation. The judge will review your petition ex parte (in your absence) with a “Rule by Date.”

  Checking the Status of Your Petition

  You may check the Status of Your Petition on the court’s Public Case Access System seven (7) court days after the "Rule By Date" noted on the petition (or the Hearing Date for felony cases).

  • If your petition is denied, you may call the department to see if the judge will allow a hearing. If the judge denies a hearing, you will have to start the process from the beginning with additional proof that everything necessary has been completed, or additional supporting information that the dismissal be granted in the interest of justice.
  • For misdemeanor cases with a "Rule by Date", if you provided a self-addressed stamped envelope at the time the petition was filed, a copy will be mailed to you within seven (7) court days of the court’s decision.
  
  

  What happens if my petition is granted?

  • The conviction will be set aside,
  • A plea of not guilty will be entered; and
  • The case will be dismissed pursuant to the applicable Penal Code sections.