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.
QUICK LINKS:
Types of Relief | Apply for Relief
Application Form Part 1 | Application Form Part 2
Types of Post-Conviction Relief
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 can seek a Certificate of Rehabilitation. A Certificate of Rehabilitation is a court order declaring that the person has been rehabilitated. This certificate can be presented to an employer and is the first step to obtaining a pardon from the governor.
Individuals must apply in their county of residence. If residing outside California, they must seek a direct pardon from the governor’s office.
To be eligible, an individual:
- must have been free from custody for at least seven years
- must have been a resident of California for five consecutive years before filing the petition
- must not be on probation or parole
- must pass a background check.
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 Health and Safety Code Section 11361.8.
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.
PC 290 / Senate Bill 384
For PC 290 information, click here.
Apply for Relief
To begin the process of clearing your record in San Bernardino County, fill out the form below (two parts). We recommend reviewing both parts of the form before you fill it out to make sure you have all the information you need.
You will need approximately 20-40 minutes to complete both parts.
Application:
Part 1: Information
Part 2: Declaration
For assistance, call the Public Defender Post-Conviction Unit at (909) 387-7050 or send us an email.