Cleaning Your Record
| Situation | You may be able to | How to do it |
|---|---|---|
| You were convicted of an infraction OR misdemeanor and were never given any probation at all. | File a petition to have conviction dismissed. | File Petition for Dismissal (PC §§ 17(b), 1203.4, 1203.4a, 1203.41). |
| You were convicted of an infraction OR misdemeanor and are still on probation. | Request early release from probation and file a 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 Petition for Dismissal (PC §§ 17(b), 1203.4, 1203.4a, 1203.41). |
| You were convicted of an infraction OR misdemeanor and have successfully completed probation. | File a petition to have conviction dismissed. | File a Petition for Dismissal (PC §§ 17(b), 1203.4, 1203.4a, 1203.41). |
| You were convicted of a felony and are still on probation. | Request early release from probation, request to have felony 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 have felony reduced AND a PC1203.4 motion for dismissal. See Felony information below. |
| You were convicted of a felony and are done with probation and/or county jail time. | Request to have felony conviction reduced to misdemeanor and dismissed. | File a formal motion pursuant to PC17(b) to have felony reduced AND a PC 1203.4 motion for dismissal. See Felony information below. |
| You were convicted of a felony, were never given any probation at all and were sentenced to county jail. | Request to have felony conviction reduced to a misdemeanor and dismissed. | File a formal motion pursuant to PC17(b) to have felony reduced AND a PC1203.4 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 |
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.
- Am I eligible for a dismissal?
- What will a dismissal do?
- What can employers ask me about my arrests and/or convictions?
- What if my cases are not in San Luis Obispo County or California?
Instructions & Sample Forms
The sample is for general information only; they are not intended to resolve the specific issues in your case. If you have any questions you should consult an Attorney.
Request for Dismissal Sample and Instructions (Misdemeanor and Infraction)
Petition for Dismissal
(PC §§ 17(b)/1203.4/1203.4a/1203.41)
Infraction OR Misdemeanor:
To file a Petition for Dismissal, two separate Judicial Council forms are required: CR180 and CR181:
- Completed CR180 AND CR181 forms (one set for each case) AND a completed ECS-1 Electronic Consent Form. In order for the court to notify you of the outcome you must include the ECS-1 Electronic Consent form or a self-addressed stamped envelope.
- Information needed to complete your petition: Court case 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 case summary or by calling or visiting our Criminal Operations Clerk’s office.
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 if you provided a self-address stamped envelope OR by email if you submitted the ECS-1 Electronic Consent form. If you neglect to submit a self-addressed stamped envelope or the ECS-1 form, no notification will be sent.
Pursuant to Local Rule 10.17(1), these cases are generally handled by submission of the forms, without a court hearing. Cases will be scheduled for a court hearing only by order of the judge.
Felony:
A formal motion placing the matter on calendar is required on PC §§ 17(b), 1203.4, 1203.4a, and 1203.41 requests (please refer to the California and Local Rules of Court for specific rules regarding motions). Please submit any motion(s) 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 Criminal Branch
Certificate of Rehabilitation and Governor's pardon
To obtain information on Certificate of Rehabilitation or Governor's Pardon, go to the California Department of Corrections and Rehabilitation (CDCR) website cdcr.ca.gov and type "pardon" in the search field. This website contains a variety of information and forms for these processes. The Application for Pardon form can also be obtained from the Governor’s webpage.
Informational packets containing this information and forms are available at our branch court locations.