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Cleaning Up Your Criminal Record

 

Situation You may be able to

How to do it - San Luis Obispo Courts

You were convicted of an infraction and were never given any probation at all.    File a petition to have conviction dismissed. File PC1203.4(a) Petition for Dismissal Infraction.
You were convicted of a misdemeanor or an infraction and are still on probation. Request early release from probation and file petition to have conviction dismissed. This is a two step process. First, request to be placed on calendar at the appropriate branch court for a probation modification/early termination. Second, after probation has been terminated, file a PC1203.4/PC1203.4(a) petition for dismissal. There is a different form for misdemeanors and infractions, please see below.
You were convicted of a misdemeanor or an infraction and have successfully completed probation. File petition to have conviction dismissed. File PC 1203.4 petition for dismissal. There is a different form for misdemeanors and infractions, please see below.
You were convicted of a misdemeanor and were never given any probation at all. File petition to have conviction dismissed. File PC 1203.4a petition for dismissal (misdemeanor).
You were convicted of a felony and are still on probation. Request early release from probation and request to have conviction reduced to misdemeanor and dismissed. File a formal motion pursuant to pc1203.3 to have probation terminated early, a motion pursuant to PC17(b) to get felony reduced, and a motion for dismissal (PC 1203.4). See Felony information below.
You were convicted of a felony and are done with probation and/or county jail time. Request to have conviction reduced and dismissed. File a formal motion pursuant to  PC 17(b) to get felony reduced, and a PC 1203.4 motion for dismissal.  See felony information below.
You were convicted of a felony and were never given any probation at all and were sentenced to county jail. Request to have felony reduced to a misdemeanor and request to have conviction dismissed. File a formal motion pursuant to PC 17(b) to get felony reduced, and PC 1203.4a motion for dismissal. See felony information below.
You were convicted of a felony and were sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation. (click on this link and type "pardon" in the search field). File a petition for Certificate of Rehabilitation and Pardon. These forms are available at any branch of this court. See requirements (included in the packet available at the court) about this process, and the ten-year rule, under Certificate of Rehabilitation and Pardon.

California Courts Information--Common Questions

For more details on the information listed on the chart above or to find answers to the questions that follow please visit the California Courts' website.

  1. Am I eligible for a dismissal?
  2. What will a dismissal do?
  3. What can employers ask me about my arrests and/or convictions?
  4. What if my cases are not in San Luis Obispo County or California?

PC1203.4/PC1203.4(A) Petition for Dismissal

Infraction:

To file a  Petition for Dismissal PC1203.4(a) on an eligible non-traffic infraction matter, one local form is required:  PC1203.4(a) .  Please submit the following to the court branch where your case was last heard:

  • Completed PC1203.4(a) form (one for each case.)
  • Information needed to complete your petition: Court Case/Docket number, whether your sentence included probation or not, Charge(s) you were convicted of and the Conviction date. Please be aware that the conviction date is different from the violation date. This information can be obtained from your plea minute order, the docket or by calling or visiting our Criminal Operations Clerk’s office.
  • $60 processing fee per case.
  • Self-addressed stamped envelope.

Once submitted the clerk will review the document for completeness.  If complete, the prosecuting attorney will be notified.  The prosecuting attorney has 30 days to respond.  After 30 days, the petition will be submitted to the assigned bench officer for review and signature.  The clerk will notify you of the bench officer's decision by mail  with a certified copy of the order using your self-addressed stamped envelope.  If you neglect to submit a self-addressed stamped envelope, no notification will be mailed.

By directive of the Bench, these matters are always initially handled Ex Parte (or on paper, without a court hearing).  The matter will be placed on calendar only by order of the reviewing bench officer.

Misdemeanor:

To file a Petition for Dismissal (PC1203.4 or PC1203.4(a) ), two separate Judicial Council forms are required:  CR180 and CR181.   Please submit the following to the court branch where your case was last heard:

  • Completed CR180 AND CR181 forms (one set for each case.)
  • Information needed to complete your petition: Court Case/Docket number, whether your sentence included probation or not, charge(s) you were convicted of and the conviction date. Please be aware that the conviction date is different from the violation date. This information can be obtained from your plea minute order, the docket or by calling or visiting our Criminal Operations Clerk’s office.
  • $60 processing fee per case.
  • Self-addressed stamped envelope (one per case).

Once submitted the clerk will review the documents for completeness.  If complete, the prosecuting attorney will be notified.  The prosecuting attorney has 30 days to respond.  After 30 days, the petition will be submitted to the assigned bench officer for review and signature.  The clerk will notify you of the bench officer's decision by mail  with a certified copy of the order using your self-addressed stamped envelope.  If you neglect to submit a self-addressed stamped envelope, no notification will be mailed.

By directive of the Bench, these matters are always initially handled Ex Parte (or on paper, without a court hearing).  The matter will be placed on calendar only by order of the reviewing bench officer.

Felony:

A formal motion placing the matter on calendar is required on PC1203.4, PC1203.4(a) and PC17(B) requests (please refer to the California and Local Rules of Court for specific rules regarding motions.)  Please submit any motion(s) and a $60 processing fee per case at the San Luis Obispo Branch.  All felony matters are heard at the San Luis Obispo location.

If you were on formal probation, the Probation Department may be able to assist you in this matter.  You may also contact your attorney to file a formal motion.  If you would like to file the motion yourself, you are responsible for researching the applicable rules of court and other laws.  The County Law Library is a useful resource.

For further information on any of the above, please contact the court branch where your case was last heard:

  • San Luis Obispo or Paso Robles: 805-781-5670
  • Grover Beach: operations are suspended, please contact San Luis Obispo branch 805-781-5670

Certificate of Rehabilitation and Governor's pardon

To obtain information on Certificate of Rehabilitaiton or Governor's Pardon, go to cdcr.ca.gov and type "pardon" in the search field.  This link takes you to the California Department of Corrections and Rehabilitation (CDCR) website which contains a variety of information and forms for these processes.

Informational packets containing this information and forms are available at our branch court locations.