|
|
|
| What is a PC 1203.4 Expungement Form used for? |
|
| The PC (Penal Code) 1203.4 Expungement Form allows you to request to have certain convictions set aside and the case dismissed by the Court. |
|
|
| What kind of convictions qualify for dismissal pursuant to PC 1203.4? |
|
| The qualifications are: |
|
- The conviction occurred in Kern County. You must seek expungement in the county where the conviction occurred.
- You are not currently on any type of probation nor have charges pending against you.
- You have successfully completed any previous probation period, or have strong evidence of your subsequent efforts to rehabilitate yourself and/or a compelling reason why the Court should grant you relief.
- You have paid in full any court-ordered restitution, fines, and fees
|
| If you were sent to prison on a felony case, then you are not eligible for a dismissal pursuant to PC 1203.4. However, you may still be eligible for a Certificate of Pardon and Rehabilitation, a process which cannot begin until you have been out of prison custody for at least seven years. |
|
| Convictions that cannot be dismissed/set aside are: |
- most traffic infractions
- most sex-related crimes.
- any infraction or misdemeanor violation of Vehicle Code, Section 42001(b) or conviction for a violation of Penal Code, §§ 286(c), 288, 288(a), 288.5, or 289(j).
|
|
| What are the steps for getting a PC 1203.4 dismissal? |
|
- Make sure you have your court case number, type of offense, and date of conviction. If you do not have this information, please obtain this data from the court where you appeared. Two ways you may be able to find this data are by:
- You will be asked to complete an information sheet which will aid the assigned attorney in preparing the appropriate motion for you.
If this office did not represent you in your case, it will also be necessary for you to complete a financial statement to determine your eligibility for our services.
Once completed, mail or deliver the form(s) to:
Kern County Public Defender
1315 Truxtun Avenue
Bakersfield, California 93301
- This process usually does not require you to go to court. You will be requested to sign a declaration regarding your current status. If you are eligible, we will prepare the motion and calendar it for a court hearing. If the motion is granted by the judge, he or she will sign an order which will be sent to California Identification and Investigations in Sacramento. The information indicating that your conviction has been set aside and dismissed is then placed on your arrest record.
- This process may take two to six months to complete.
|
|
| Where can I get help in getting a dismissal? |
|
- The County's Probation Department is available to assist with applications for relief under PC 1203.4.
Contact Information
Note: The Probation Department charges an up-front processing fee of $120.00 for the first case, and $60.00 for each additional case.
- The Office of the Public Defender is available to assist persons who are financially unable to pay the processing fee charged by the Probation Department.
Contact Information
Note: The Court is likely to assess the $120.00 fee at the time of the hearing, but the applicant may seek a hearing on his or her ability to pay.
- A private attorney may also be contacted for assistance with bringing an application for relief under PC 1203.4. The cost for such services will vary.
|
|
| What do I do if I can't afford the fees associated with the PC 1203.4 process? |
|
| You may ask the Court to waive the fee, and/or request a hearing as to your ability to pay if the Court expresses its intent to assess the $120.00 fee. The Office of the Public Defender may be able to assist you in this process. |
|
|
| What else do I need to know about PC 1203.4 dismissals? |
|
- Please be advised that it is likely that the Court will assess a fee of approximately one hundred twenty dollars ($120.00) at the conclusion of the hearing. This amount represents a partial reimbursement of the cost associated with preparing and presenting the motion.
- Not all felonies can be reduced to misdemeanors.
- A dismissal does not "seal" or remove the conviction from your record.
- If granted a dismissal pursuant to PC 1203.4, your right to be on a jury as well as certain citizenship rights is restored. However, some crimes, such as sexual offenses, still require registration for life.
- A "cleared" conviction can still count against you as a "prior" if you have another case later.
- A "cleared" conviction can still count as a "prior" if the Court is considering revoking or suspending your driver's license.
- If any government agency asks you directly about your prior convictions, you must tell them about this "cleared" conviction. This includes any direct question contained in any questionnaire or application for public office, any license by any state or local agency, or for a contract with the California State Lottery.
- You must still follow PC 12021 about not owning or possessing a firearm. Otherwise, you can be convicted of being a felon in possession of a firearm
|
| More Information on PC 1203.4 Relief (PDF - opens new window)
|
|
|
