Am I eligible to have my case dismissed or “expunged”?
Under California Penal Code §1203.4, the Court has discretion to allow a person to withdraw the previously entered plea of “guilty” or “no contest” and dismiss the accusations or information against a defendant.
In order to petition the Court to have your case dismissed, you must meet both of the following criteria:
- Probation must be successfully completed
- Defendant must not have any new violations or be serving a sentence on any other violation.
A filing fee of $60.00 per case must be paid to the San Luis Obispo Superior Court at the time the documents are filed with the Court. If you cannot afford the filing fee, you may be eligible for a fee waiver. Please refer to the San Luis Obispo Court’s website for more information. If you were convicted of a misdemeanor you may petition for this relief yourself. The forms are available on the San Luis Obispo Court’s website, along with instructions on how to complete and submit the forms.
If you were convicted of a felony, you must contact the attorney who represented you directly to discuss the process of filing a motion to have your case dismissed. This county requires a formal motion to be filed with the Court on felony cases. Contact your attorney for more information and instruction.
Open ‘Dismissal Flow Chart’ link below to determine if you are eligible.
If you believe you are eligible to apply for relief, please visit the following self-help links:
What does a dismissal do for you? https://www.courts.ca.gov/1070.htm