California: Adult Diversion/Deferral Program (CA-D-3)

Records relating to a case dismissed after successful completion of the terms of a deferred entry of judgment can be dismissed by the court. Cal. Pen. Code §§ 1000.3, 1203.43.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Clearance Process

Petition-based

Remedy

Dismiss

Ineligible Category or Citation

See Cal. Pen. Code section 1000 for eligible offenses.

Procedure General

Upon successful completion of the terms of a deferred entry of judgment, the criminal charge or charges shall be dismissed. Cal. Pen. Code § 1000.3. Thereafter, a petition must be filed with the court to withdraw a plea, enter a plea of not guilty, and dismiss the complaint or information. For the specific procedure, see Cal. Pen. Code §§ 1203.43, 1000 et seq.

Fees

There is no statutory language regarding fees.

Effect

Dismissal pursuant to section 1203.43 invalidates a defendant's prior plea. Cal. Pen. Code § 1203.43(a).

Forms

An expungement form is available here.

Waiting Periods

The petition can be filed after the charge is dismissed following successful completion of the terms of the deferred entry of judgment.

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