California Penal
Code Section 1203.4
Felony Expungement
In any case in which a defendant has fulfilled the
conditions of probation for the entire period of probation, or has been
discharged prior to the termination of the period of probation, or in any other
case in which a court, in its discretion and the interests of justice
determines that a defendant should be granted the relief available under this
section, the defendant shall, at any time after the termination of the period
of probation, if he or she is not then serving a sentence for any offense, on
probation for any offense, or charged with the commission of any offense be
permitted by the court to withdraw his or her pleas of guilty or plea of nolo
contendere and enter a plea of not
guilty. Or, if he or she has been convicted after a plea of not guilty, the
court shall set aside the verdict of guilty; and, in either case, the court
shall thereupon dismiss the accusations or information against the defendant
and except as noted below, he or she shall thereafter be released from all
penalties and disabilities resulting from the offense of which he or she has
been convicted, except as provided in Section 13555 of the Vehicle Code.
The probationer shall be informed, in his or her probation
papers, of this right and privilege and his or her right, if any, to petition
for a certificate of rehabilitation and pardon. The probationer may make the
application and change of plea in person or by attorney, or by the probation
officer authorized in writing. However, in any subsequent prosecution of the
defendant for any other offense, the prior conviction may be pleaded and proved
and shall have the same effect as if probation had not been granted of the
accusation or information dismissed, The order shall state, and the probationer
shall be informed, that the order does not relieve him or her of the obligation
to disclose the conviction in response to any direct question contained in any
questionnaire or application for public office, for licensure by any state or
local agency, or for contracting with the California State Lottery.
Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his or her custody
or control any firearm or prevent his or her conviction under Section 12021
