Alameda County Superior Court
Criminal Court Self Help -
Petition for Dismissal
PC §§1203.4 and PC 1203.4(a)

You have the right to petition the court for dismissal which means that under the following conditions you have the right to withdraw your plea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charge(s) against you and release you from any further penalties and disabilities resulting from the original charge(s). You may request record clearance:

1.	At the conclusion of your probationary period (formal or court probation) if you have otherwise complied with all orders of court and if there are not charges pending against you (Penal Code ("PC") PC §1203.4).
2.	After one year has elapsed following the pronouncement of judgment if you have not been placed on probation and if you have otherwise led a good and lawful life and there are not charges pending against you (PC §1203.4(a)).

EXCEPT that said offense(s) can be charged against you as a prior conviction in the case of any criminal proceedings which may be charged against you at a later date, and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege to drive a motor vehicle where appropriate (PC §1203.4, §1203.4(a) and Vehicle Code ("VC") § 13555).

Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant to Section 1203.4 of the Penal Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissal of the accusatory pleading, is not on Probation for the commission of any other felony, and presents satisfactory evidence of three years residence in California prior to the filing of a Petition.

Certain violations are not eligible for record clearances. They are as follows: Any infraction violations, any misdemeanors which are within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, any violations of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289 of the Penal Code.

The form, “Petition for Dismissal pursuant to 1203.4”, can be obtained from any location. In order to file a form, you must go to the court location where the original complaint was filed.