California Penal Code section 1203.4 states that every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty.
After a judgment imposing a punishment other than imprisonment in state prison, California Penal Code section 17(b) gives the Court discretion to reduce a felony conviction to a misdemeanor.
If you have fulfilled the conditions of your probation for the entire period, or been discharged prior to the termination of your probation, California law entitles you to seek a reduction of your felony conviction to a misdemeanor and the right to petition the Court to withdraw your guilty plea or plea of nolo contendere and enter a plea of not guilty pursuant section 1203.4 of the California Penal Code.
California Penal Code section 1203.3 indicates that the court has the authority at any time during the term of probation to terminate, modify, or change its order and sentence.
The court has the discretion, when good conduct and good cause warrants it, terminate probation early and discharge the person held on probation.
California Penal Code section 4852.01 to 4852.21 indicates that a Certificate of Rehabilitation is a court order declaring that a person convicted of a felony which resulted in a state prison commitment is now rehabilitated. If a petition for a Certificate of rehabilitation is granted, it can be forwarded to the Governor by the Court and constitutes the application for a pardon. Receipt by the Governor of a Certificate of Rehabilitation does not guarantee that a pardon will be granted.Find out more about Certificate of Rehabilitation in California
Obtaining a Court Order instructing the arresting agency and all interested parties to Seal and Destroy the record of arrest allows you to answer no to questions regarding whether you were ever arrested for a felony or a misdemeanor on any type of application or questionnaire about your criminal past.Find out more about Record Sealing in California
California Welfare and Institutions Code section 781 indicates that you are entitled to petition the court to seal your juvenile record, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or in any case, at any time after the person has reached the age of 18 years.Find out more about Juvenile Record Sealing in California
California Pardons ("Free With Certificate of Rehabilitation Actions) Applications may be accepted from any person who has been convicted in California of a felony or certain specified misdemeanor offenses. In most cases, the first step in applying is to obtain a Certificate of Rehabilitation from the Superior Court in the county where the applicant currently resides. All other cases are by way of a direct or “traditional pardon” application.Find out more about Pardons in California
California Penal Code section 851.8 allows for a defendant who has been arrested, but no accusatory pleading filed, seek to have his record of arrest sealed and destroyed.
Upon a finding of factual innocence, the law enforcement agency having jurisdiction over the offense shall seal its arrest records and the petition for relief for 3 years from the date of the arrest and thereafter destroy its arrest records and the petition.
California Penal Code 851.85 allows for a defendant who was acquitted at trial to have his record of arrest in the matter sealed when it appears to the judge presiding at the trial where the acquittal occurred that the defendant was factually innocent of the charge. If such an order is made, the court shall inform the defendant that he or she may thereafter state that he was not arrested for such charge and that he or she was found innocent of such charge by the court.Find out more about Acquittal at Trial in California
California Penal Code section 851.90 allows for a defendant who is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5 or is admitted to a deferred entry of judgment program pursuant to Section 1000 and the person successfully completes the program, the court has the discretion to order that the arrest record and court records be sealed, including any record of arrest or detention.Find out more about Drug Diversion in California