If it's been more than one year since your conviction and you have followed all the terms of your probation, you can petition the court in California to dismiss your misdemeanor.
What is a dismissal?
If you were convicted of an infraction, a misdemeanor, or a felony and were NOT sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation, you can petition for a dismissal (people often use the term “expungement” when talking about a “dismissal.”). You are eligible to request a dismissal if you were given county jail time (including jail time for a felony offense), probation, a fine, or a combination of those three types of punishment rather than being sentenced to state prison. If you make a formal request to the court (petition) for a dismissal, the court will make a decision on your request and may withdraw your guilty or no contest (nolo contendere) plea (or the guilty verdict if you went to trial), and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are no longer considered to be “convicted” of the offense. Your record will be changed to show a dismissal rather than a conviction.
Vehicle Code section 12810(a) to (e) BUT:
- You have paid all restitution and other payments that were ordered as a term of probation;
AND- You are not currently charged with, on probation for, or serving a sentence for any other offense.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if were convicted of a misdemeanor under Pen. Code, § 647(b) (solicitation/prostitution) and:
- You were placed on probation and you have completed probation.
- You can show by clear and convincing evidence that your conviction was the result of your being a victim of human trafficking.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if you were sentenced to county jail on a felony and:
- You were placed on “mandatory supervision” by the Probation department for a portion of your sentence, and more than a year has passed since you completed your sentence.
- You were NOT placed on “mandatory supervision” for a portion of your sentence and at least two years have passed since you completed your sentence.
- You are not currently charged with, on probation for, or serving a sentence for any other offense.
- The court finds that it is in the interests of justice.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:
- You were a member of the United States military suffering from sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health problems as a result of your service,
- You were granted probation and are in substantial compliance with the conditions of probation.
- You have successfully participated in court-ordered treatment and services to address the sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health problems stemming from military service;
- You are not a danger to the health or safety of others;
- You have shown that the court-ordered education, treatment, or rehabilitation has been positive for you; and
- The court finds that it is in the interests of justice.
You are eligible for a dismissal and the court has the discretion (choice) to grant you that dismissal if:
- You were granted deferred entry of judgment;
- Your criminal charges were dismissed under Penal Code section 1000.3.
- There are court records showing how the case was resolved or you state under oath that the charges were dismissed after you completed the requirements for deferred entry of judgment.
In all of these cases where the court has discretion (choice), it is up to the court to decide if your conviction should be dismissed, so make sure to give as much helpful information as possible to convince the court that granting you a dismissal is in the interests of justice.
Vehicle Code section 42002.1;
- Any infraction within the provisions of Vehicle Code section 42001;
- Any violation of Penal Code section 286(c), 288, 288.5, 288a(c), or 289(j);
- A felony under Penal Code section 261.5(d).
Please help a man trying to get into this life with a misdemeanor on summary probation
Discussion in 'Questions From New Drivers' started by Ready2drive, Jan 8, 2018.
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Best bet is to be up front and honest about it. Many people have been employed with far greater crimes. I don't even know what "unreasonable noise" is. Like to me, the Longhorn fight song is unreasonable noise.
austinmike Thanks this. -
Is the school 160 hours or more or less? -
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Hm, double check against being able to go to Canada. Some companies depend on drivers being able to go to Canada.
Your active probation time without restrictions is not really a problem for that little bitty charge. But if you run into something out here on the big road and get written up.. That's potentially THAT...
Maybe you wait until the probation problem goes bye bye. -
Here's some companies you can apply with that also allow a rider, so maybe the girl friend can ride along.
Shaffer Trucking
Butler Transport
Navajo Express
Freymiller
Britton Transport
Stevens Transport
Pride Transport
Schuster
USA Truck
Apply to as many as you want; the more the better. Do online applications the first day of cdl school; don't wait until graduation.Dan.S Thanks this. -
I have seven felonies for drugs and stolen property and I make over 100,000 a year hauling frack sand, so forget what u heard and go after your dreams. I’ve only been out about a year too. So make #### happen
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I’m on parole knocking down 2 and 3 stacks a week out here bro, u gotta get rid of those sissy’s and get some money makers in ur life
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Dan.S Thanks this.
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Where are you looking to relocate?
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