Generally, pursuant to Penal Code Section 1203.4 (
California Law), persons who have:
- Fulfilled all of the conditions of probation for their full probation term, or
- Have had their grant of probation modified and terminated as successful early, may at any time request that the court allow a change of plea from guilty to not guilty, or have their guilty verdict set aside (if convicted after a plea of not guilty) and have the accusation or information against them be dismissed.
To be eligible for this relief, the person cannot:
- Currently be serving a sentence for any offense;
- Be on probation for any offense; or
- Have a pending charge for the commission of any offense.
Note: Certain offenses are excluded from relief under this law (Penal Code Section 1203.4(b)) (
California Law).
If the court has dismissed the accusation pursuant to Penal Code Section 1203.4 (
California Law), the person may file a petition with the court for a certificate of rehabilitation and pardon if they:
- Have remained free from custody in prison, jail, a detention facility or other penal institution or agency since the dismissal of the accusatory pleading;
- Are not currently on probation for the commission of any felony; and
- Can provide evidence of 5* years residence in California prior to the filing of the petition (*exceptions are noted in Penal Code Section 4852.03) (California Law).
If the court approves the petition and a certificate of rehabilitation is ordered, a certified copy of the certificate is transmitted to the Governor and other appropriate parties, and serves as an application for a pardon and restoration of rights.