Download Sealing of Adult Convictions

SEALING OF ADULT CONVICTIONS
STATUTES AUTHORIZING SEALING
Penal Code 1203.4 – persons who complete
probation
 Penal Code 1203.4a – persons sentenced
without probation for misdemeanor
 Penal Code 1203.41 – persons sentenced to
county jail prison term

PENAL CODE 1203.4

For persons who successfully complete felony
or misdemeanor probation
 Or

in interests of justice
Not available for
 Certain
sex crimes
 Child pornography convictions
 Designated Vehicle Code violations
PROCEDURE
File a petition with the court where conviction
occurred after probation expired or terminated
 DA served
 Filing fee of up to $150 (ability to pay)
 Appear at court hearing

GRANTING OF MOTION

Court allows
 withdrawal
of guilty plea and enters plea of not
guilty or
 sets aside guilty verdict
Court dismisses complaint
 Def “shall thereafter be released from all
penalties and disabilities resulting from the
offense”
 May vote

EMPLOYMENT APPLICATION

Have you ever been convicted of a criminal
offense?
 Answer: “No”
EXCEPTIONS
Must disclose on application for public office or
license
 Still may disqualify for public office
 Still may not possess firearms
 Still must register as sex offender
 May be used as prior conviction
 Public may view record

PENAL CODE 1203.4A

Persons convicted of misdemeanors or
infractions without probation
 Limited
list of exclusions
Similar to section 1203.4
 Apply after one year from judgment
 Complied with terms of judgment
 Not serving a sentence or charged with crime


“Honest and upright life and has conformed to
and obeyed the laws of the land.”
 Or
in court’s discretion and in interests of justice
Filing fee of up to $60 (ability to pay)
 Def “shall thereafter be released from all
penalties and disabilities resulting from the
offense”

EXCEPTIONS
No right to possess firearms
 No right to hold public office if excluded
 May be used as prior conviction
 Still must register as sex offender
 NOT REQUIRED to disclose on application for
public office or license

PENAL CODE SECTION 1203.41
Persons not granted probation, but sentenced
to county jail prison term
 Similar to section 1203.4
 Relief in discretion of court and in interests of
justice
 May apply after

 One
year – “split sentence”
 Two years – straight sentence

Fee of up to $150 (ability to pay)
Def “shall thereafter be released from all
penalties and disabilities resulting from the
offense”
 Exceptions

 May
be used as prior conviction
 May not possess firearms
 Must disclose on application for public office or
license
 May not hold public office if prohibited