A past felony conviction can keep affecting employment, licensing and background checks even after dismissal. California law provides ways to seek dismissal based on your conviction and sentence.
Determine whether you qualify for dismissal
You may qualify if you completed probation or were discharged from probation. You also must not be serving a sentence, on probation or charged with another offense. In some cases, a court may grant relief at its discretion and in the interest of justice.
California law excludes certain convictions from this process or applies different rules. These include specified sex offenses and some Vehicle Code offenses.
If you were sentenced to state prison or do not meet the standard requirements, you may have other post-conviction options. California law also provides a separate dismissal process for certain felony convictions. That process has its own waiting period and other requirements.
A criminal defense attorney can review your records and sentence history to find which requirements apply.
Let an attorney handle the dismissal process
If you qualify, you generally must file a petition with the court that handled your case. The prosecutor must receive 15 days’ notice. Counsel can prepare the petition, address eligibility questions and represent you at the dismissal hearing.
The San Diego Superior Court explains that the petition must be filed in the court where the case was adjudicated and that the petitioner must serve the prosecuting agency.
Know what a dismissal does and does not change
A felony dismissal does not erase or seal your criminal record. The court sets aside the conviction and dismisses the case, but others may still access records. A dismissed conviction may also matter in a later criminal case.
Dismissal does not restore your firearm rights if you remain barred from possessing firearms. Disclosure rules also differ for private employment, government employment, public office and professional licensing.
If a past felony is affecting your future, a California criminal defense attorney can review your case and explain whether dismissal or another form of post-conviction relief may be available.
