If you perform satisfactorily during the period of a preguilty plea drug court program, the arrest upon which the diversion was based shall be deemed to have never occurred, and you may indicate that you have never been arrested or diverted, except when applying to be a peace officer. If you successfully complete a deferred entry of judgment program under Penal Code section , the criminal charge will be dismissed.
The provisions of Penal Code section Automatic destruction of marijuana-related arrest and conviction records. Although personal use of marijuana up to These arrest and conviction records must automatically be destroyed and purged from the statewide criminal databases two years after the conviction. But, if you were in jail due to that conviction, your records will not be destroyed until two years after you are released.
Dismissal or Redesignation of eligible marijuana-related convictions If you have completed your sentence. Dismissal or Resentencing of eligible marijuana-related convictions If you are currently serving your sentence. If your conviction was dismissed under Proposition 64 after you completed your sentence, you may ask the court to seal your records. The deadline for filing these petitions is November 4, If the court determines that your conviction is eligible for reduction, the judge must reduce the conviction to a misdemeanor.
See Sealing Juvenile Records for more information. Under Penal Code section The court may issue an order for dismissal as described in Penal Code section You must establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking. If the court grants relief, the arrest and any adjudications or convictions are deemed not to have occurred, and all records are sealed and destroyed. If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the clerk of the superior court for the county where you were convicted and ask them for the following information:.
Remember, you can only dismiss 1 conviction at a time. This means you must fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time. If you are currently on probation, you will need to deal with that conviction first; then you can proceed with the others. If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail or deliver in person your filing materials to the clerk of the superior court for the county where you were convicted.
Be sure to include any supportive materials such as letters of support, school diplomas or transcripts, and if applying for early release from probation, a letter to the judge explaining why you feel you should be released from probation early. At the time you file your papers, the clerk will set a hearing date. You may be required to attend the hearing. Be on time and dress appropriate for court. If your petition is granted, make sure to put the order in a safe place for your records.
But before you are ordered to pay, the court must decide if you are able to pay all or a part of the costs of your petition without undue hardship. Do NOT despair! You may still be able to get your convictions dismissed. After you receive the order from the judge denying your dismissal, you can either go to, or call, the clerk at the courthouse to see if you can find out why the petition was denied and whether you can fix the problem and re-file.
When you speak with the clerk, be respectful and take notes. Follow the instructions of the clerk and be sure to thank the clerk for his or her help. A certificate of rehabilitation is a court order declaring that you have been rehabilitated after a California state criminal conviction.
It also recommends that the governor grant you a full pardon. If you are granted a certificate of rehabilitation, the court will send certified copies to the governor. This will serve as an application for a pardon by the governor. A pardon by the governor gives you all the civil and political rights of citizenship, including the right to vote, and, in some cases, the right to own and keep a legal firearm. Penal Code sections To file a petition for a certificate of rehabilitation, you must reside for five years in California, plus wait additional time depending on your conviction.
This period of rehabilitation starts upon your discharge from custody or your release from parole, postrelease supervision, mandatory supervision, or probation, whichever is sooner. If you are eligible, you may file a petition with the superior court where you reside. This is a lengthy process and may involve a hearing. You have the right to have the public defender in your county help you. If you are ineligible to apply for a certificate of rehabilitation, you may apply to the governor for a direct pardon.
Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Clean Your Record. For California juvenile cases, go to Sealing Juvenile Records. Find out the details of your convictions. What was your date of conviction? What is the code name and section number you were convicted of violating?
Was there a verdict or did you enter a plea? Depending on what you may want to ask the court to do, you may also need the following information: Were you ordered to serve any time on probation either formal or informal probation,? If so, for how long?
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Were you ordered to make any payments, such as restitution, as a part of your probation? Did you comply with all of the terms and conditions of probation? If you were sentenced to state prison, which one? If you were sentenced to state prison, on what date were you released? If you were released on parole, on what date did your parole end?
Get a copy of the information on your criminal record. The information on your criminal record information can be obtained from a variety of sources, like: California State Dept. They will have your criminal record information for the entire state of California.
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Yes, you need to complete a finger print card and present it to the State Police, with the fee, and Criminal History Request form DPSC-2 , in order to get your criminal history report. You must submit fingerprints every time you request a new criminal history report for pardons. Background checks from previous employers will not be accepted as a substitute for the document from the State Police.
You may use the same references, but you must have them fill out a new reference questionnaire form. Can I be sent a copy of my old application for resubmission to the Board, if I am reapplying for a pardon? Do I need an attorney or other legal representation to apply for a pardon? Does having. You do not need a lawyer or any other representation to apply for a pardon. Having a lawyer will not accelerate the review of your application, nor will the application be treated differently.
All pardons applications, regardless of whether an applicant has an attorney, are processed in the same manner. Before each hearing, there is a pre-screen session at which the Board reviews all of the cases submitted for pardon consideration for that particular hearing session. Hearing sessions are open to the public. Yes, the Board may require your presence at the Hearing.
You may be required to appear even if you do not currently live in Connecticut. Your chances each time you apply are based on your eligibility and suitability i. The Pardons Board has the discretion to grant or deny any pardon application at any time. The Board will also consider what the individual has accomplished since the most recent offense.
The Board considers the individuals work history; subsequent contact with the criminal justice system, and character references. Community service is also taken into consideration. The Board may consider any other pertinent information available in deciding whether to grant or deny a pardon.
I f I am denied because not enough time has passed, then how much time is enough time? Regardless of the minimum eligibility criteria, three 3 years for misdemeanor and five 5 years for a felony, if the Board determines that you are not suitable for a pardon, your application will be denied.
Even when jail time is avoided, a conviction for a crime in New York or New Jersey can result in a criminal record. This record will show up in background checks, such as the kind often conducted by employers and landlords. Insurance carriers base their premiums on the risk associated with each covered individual.
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Someone with a criminal record may be seen as having made poor life choices. The exact impact will depend on the severity of the crime and whether the individual has multiple convictions or just one. Those with a criminal background applying for the first time can still be approved for coverage, but it could take time to search around to find a life insurance carrier willing to approve the application. However, it is not possible to get life insurance while in prison or on probation. Underwriters industry-wide see candidates like this as too high risk to take on.
Curiously, the risks associated with a criminal conviction may as much to do with the crime itself as it does with the risk of reoffending and the potential for revenge attacks from wronged parties.