Dismissal Petitions for Successful PC 1000 Participants with Collateral Consequences per PC 1203.43
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What is PC 1000 Diversion?
A person who is charged with certain specified crimes or who meets specific criteria may be eligible for diversion under Penal Code section 1000 – 1001.97. A person may be diverted before charges are filed, before a plea is entered (pre-plea diversion), or after pleading not guilty (pretrial diversion). When a person successfully completes a diversion program, the trial court must dismiss the charges.
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Who Is Eligible For PC 1000 Diversion?
Provided other criteria is met, PC 1000 is available for anyone charged with a violation of the following:
· Health and Safety Code section 11350
· Health and Safety Code section 11357
· Health and Safety Code section 11364
· Health and Safety Code section 11365
· Health and Safety Code section 11375(b)(2)
· Health and Safety Code section 11377
· Health and Safety Code section 11550
· Vehicle Code section 23222(b)
· Health and Safety Code section 11368 (under certain circumstances)
· Penal Code section 653f (under certain circumstances)
· Penal Code section 381
· Penal Code section 647(f) (under certain circumstances)
· Business and Professions Code 4060
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If I successfully completed PC 1000, can I have my arrest and related
court records sealed and expunged?
Yes. If you successfully completed a drug diversion program or deferred entry of judgment program, pursuant to Penal Code section 1000, 1000.5, or 1000.8, you could petition to have your arrest and related court records sealed and expunged.
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What will a petition to expunge and seal arrest and related court
records do? (PC 851.90/PC 1203.43)
An arrest resulting in the successful completion of a drug diversion or deferred entry of judgment shall not be used in any way that could result in the denial of any employment, benefit, license, or certificate.
If the judge grants your petition to seal your arrest and related court records the order will:
· Hide the arrest from the public, making it so the public will no longer be able to see you were arrested;
· Order the sealing of your arrest records, police reports, and any related court records;
· Order that the sealed arrest records, police reports, and any related court records not be disclosed to anyone except for criminal justice agencies; and
· Deem the arrest to never to have occurred. Meaning, when asked, you can honestly state you’ve never been arrested for the crime EXCEPT if asked directly on an application for:
o Public Office; or
o Employment as a peace officer; or
o A license by any state or local agency; or
o Contracting with the California State Lottery Commission
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What won't a petition to expunge and seal arrest and related court
records do?
If a judge grants your petition to seal your arrest record it will not:
· Let you deny the arrest if specifically asked about arrests on an application for:
o Public Office
o Employment as a peace officer
o A license by any state or local agency
o Contracting with the California State Lottery Commission
· Stop a prosecutor from using the information against you in court if you get in trouble in the future
· Keep the records from being viewed and used by any criminal justice agency including any court, peace officer, prosecutor, probation or parole officer or correctional officer in the same way allowed if the records had not been sealed
· Restore gun rights
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How can I petition to have my arrest and related court records expunged
and sealed after successful completion of PC 1000?
To expunge, the applicant must complete the CR-180 form and request relief pursuant to Penal Code section 1203.43. To seal, the applicant must complete the CRM-307 form and request relief pursuant to Penal Code section 851.90 & 851.92. The petitions must also be served on the prosecuting agency.
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Is there a deadline for petitioning to expunge and seal my arrest and
related court records after I successfully completed PC 1000?
No. You may file a petition any time after you are eligible to expunge and seal your arrest and related court records.
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How much does it cost to petition to expunge and seal my arrest and
related court records?
There is no cost to file a petition to expunge and seal your arrest and related court records.
- Will there be a court hearing?
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How long does it take to get a decision from the court after the
petition is filed?
It will be at least 15 days and it could take significantly longer, depending on court resources and the volume of petitions.
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If a judge orders my record expunged and sealed, how long will it take
to actually have the record expunged and sealed?
The court must send the paperwork expunging and sealing your arrest and related court records to the law enforcement agencies and the Department of Justice within 30 days of making the order. Some agencies may take longer than others to seal the record once they receive the paperwork.
About ninety days after the judge signs the order, you may want to order a copy of your Department of Justice (DOJ) Criminal History Report to make sure it has been corrected.
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If I have questions, who can I contact for help?
Please call the Office of the Primary Public Defender at (619) 338-4700 and ask to speak to someone from the Fresh Start Program. The Office of the Primary Public Defender will assist you even if you had an attorney from the Office of the Alternate Public Defender, a court-appointed panel attorney, or a retained attorney who you can no longer afford to pay. You may also e-mail a question to Fresh.Start@sdcounty.ca.gov.
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