California: Adult Convictions (CA-C-13)

Records relating to certain felony convictions that did not result in incarceration in the state prison, shall be dismissed. Cal Pen Code § 1203.425(a)(1)(B)(iv).

Record Detail(s)

Felony

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Dismiss

Ineligible Category or Citation

Persons required to register to the Sex Offender Registration Act, on active court supervision, currently serving a sentence and have pending criminal charges, those whose conviction resulted in a sentence of incarceration in state prison, and whose conviction occurred prior to January 1, 1973, and meet other criteria, are ineligible. See Cal Pen Code § 1203.425(a)(1)(B).

Procedure General

Commencing July 1, 2023, the Department of Justice shall review records in the statewide criminal justice databases and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in Cal Pen Code § 1203.425(a)(1)(B) and are eligible for automatic conviction record relief. See Cal Pen Code § 1203.425(a)(1)(A).

Fees

There is no statutory language on 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).

Waiting Periods

There is no waiting period.

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