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Record Clearance
[Esta página está en español;
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 Many
criminal
convictions can be “cleared” from your record. This means you can
sometimes ask the court to take a conviction off your record.
You can do this if you:
Or, if you were not placed on probation, you can clear your record if:
- one year has passed since your
judgment,
- you have obeyed all laws, and
- you do not have any new charges against you. (PC
1203.4(a))
Some convictions can never be cleared, like:
Other convictions that are not eligible: any infraction or misdemeanor
violation of
Vehicle Code, Section 42001(b) or
Penal Code, §§ 286(c), 288, 288(a), 288.5, or 289(j)
To clear your record, you must file a Record Clearance Application. Click
here to read the Santa Clara County
Probation Department's page on record clearance.
On that page you will find the
county's Adult Record Clearance Application.
This application asks the court to “take back” your original
guilty or nolo contendere
plea. Or, if you had a trial, it asks the court to set aside the guilty
verdict or finding.
If the court grants your request for a record clearance, the original charges
will be dismissed.
Remember: Even if you clear your record…
- 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.
- You must still follow
Penal Code section 12021 about not owning or possessing a weapon.
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