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Clearance policy overview

Records relating to misdemeanor convictions shall be dismissed. Cal Pen Code § 1203.425(a)(1)(B)(iv)

Records relating to the conviction of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual violence, can be vacated by the court. Cal Pen Code § 236.15(a).

Records relating to a case dismissed following successful completion of a pretrial diversion program, can be sealed by the court if certain criteria are met. Cal Pen Code § 1001.36.

Records relating to a juvenile’s arrest and referral and participation in a diversion or supervision program in the probation department's custody, shall be sealed upon satisfactory completion of a program of diversion or supervision. Cal Wel & Inst Code § 786.5(a).

Ineligible Category or Citation

This section applies only to situations in which the arrest or conviction of a nonviolent offense was the direct result of being a victim of intimate partner violence or sexual violence. Cal Pen Code § 236.15(a),(t).

Certain offenses, including murder, voluntary manslaughter, rape, lewd or lascivious act on a child under 14, sexual abuse of a child, are ineligible for sealing. Cal Pen Code § 1001.36(d).

No statutory language regarding ineligible offenses. 

Clearance Process Automatic Petition-based Automatic Automatic
Waiting Periods

There is no waiting period.

There is no waiting period.

There is no waiting period.

There is no waiting period.

Fees

There is no statutory language on fees.

There is no statutory language on fees.

There is no statutory language regarding fees.

There is no statutory language regarding fees.

Effect

The records are dismissed. Cal Pen Code § 1203.425(a)(1). A person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted. Cal Pen Code § 1203.425(a)(2)(B)

The court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. Cal Pen Code § 236.15(k).

Regardless of the person’s completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request. The person has the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. An order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. Cal Pen Code § 1001.36(j).

The probation department shall notify the arresting law enforcement agency to seal the arrest records described in subdivision (a), and the arresting law enforcement agency shall seal the records in its custody relating to the arrest no later than 60 days from the date of notification by the probation department. Upon sealing, the arresting law enforcement agency shall notify the probation department that the records have been sealed. Within 30 days from receipt of notification by the arresting law enforcement agency that the records have been sealed pursuant to this section, the probation department shall notify the minor in writing that their record has been sealed pursuant to this section. If records have not been sealed pursuant this section, the written notice from the probation department shall inform the minor of their ability to petition the court directly to seal their arrest and other related records. Cal Wel & Inst Code § 786.5(b).

Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed not to have occurred and the individual may respond accordingly to any inquiry, application, or process in which disclosure of this information is requested or sought. Cal Wel & Inst Code § 786.5(c).

Remedy Dismiss Vacate Seal Seal