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  1. #1
    Join Date
    Nov 2005
    Posts
    18

    Default Dismissals in California

    Is it possible to get a petty thief misdemeanor dismissed in CA? I looked at the CA court info which says:


    Dismissals

    If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the California Department of Corrections you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt 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 considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.


    Some Convictions are Not Eligible for Dismissal

    If you were convicted of any of the following offenses you are not eligible for a dismissal: Vehicle Code Section 42001(b) which includes sections 2800, 2801 and 2803; Penal Code Section 261.5(d), 286(c), 288, 288a(c), 288.5 and 289(j).


    Since I'm not familiar with the penal and vehivle codes, I wanted to know if petty thieft can be dismissed? Also are dismissals the same as expungements?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Dismissals in CA

    You can review the California penal code here.

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