San Bernardino County Public Defender staff assist individuals with becoming productive and positive members of the community by clearing criminal convictions. If the court grants post-conviction relief, the individual is released from all disabilities flowing from the conviction, thereby nullifying the effects of the conviction for most employment purposes. Although the petition does not remove the court records from public inspection, and it may not prevent the conviction from being used as a prior to increase punishment in case of a subsequent conviction, it may assist individuals with obtaining employment or registering for school. This is just one aspect of our holistic approach towards rehabilitation and reintegration in a way that benefits the community.
- Dismissals: An individual who has completed probation on a qualifying offense and has no new or pending cases with the court may petition the court for a dismissal of his/her cases by filing a petition pursuant to Penal Code section 1203.4 or 1203.4a.
- Certificates of Rehabilitation: Individuals who have served time in state prison on qualifying offenses must seek a Certificate of Rehabilitation. A Certificate of Rehabilitation is a court order declaring that person has been rehabilitated. To be eligible, a person must have been free of custody for at least seven years, have been a resident of California for five consecutive years before filing the petition, not be on probation or parole, and pass a background check. Once a person has completed the required period of rehabilitation, a person may file for a COR in their current county of residency.
- Proposition 47 and 64 reductions and dismissals: Proposition 47, passed by the People of the State of California, allows certain non-violent felonies to be reduced to misdemeanors after the filing of a petition under Penal Code Section 1170.18. In addition, Proposition 64 allows for many marijuana convictions to be reduced to a misdemeanor or be dismissed by filing a petition under Penal Code Section 11368.1.
- Assembly Bill 2147: Assembly Bill 2147 (2020) permits individuals who successfully participated in fire prevention efforts through a California Conservation Camp (fire camp) or county hand crew while incarcerated to petition for relief under Penal Code Section 1203.4b once they are released from custody. The petition must be filed with the court in the county where the individual was sentenced. A successful petition will provide early termination of probation, parole, or supervised release, and the individual will not be required to disclose the conviction on an application for licensure by any state or local agency, with certain exceptions. Individuals convicted of certain violent offenses are ineligible for AB 2147 relief. Please contact our office if you have any questions about this law.
To begin the process of clearing your record, fill out the form below or call the Public Defender Post-Conviction Unit at (909) 387-0569.