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California Penal Code Section 1203.45
- 1203.45. (a) In any case in which a person was under the age of 18
years at the time of commission of a misdemeanor and is eligible for,
or has previously received, the relief provided by Section 1203.4 or
1203.4a, that person, in a proceeding under Section 1203.4 or
1203.4a, or a separate proceeding, may petition the court for an
order sealing the record of conviction and other official records in
the case, including records of arrests resulting in the criminal
proceeding and records relating to other offenses charged in the
accusatory pleading, whether defendant was acquitted or charges were
dismissed. If the court finds that the person was under the age of
18 at the time of the commission of the misdemeanor, and is eligible
for relief under Section 1203.4 or 1203.4a or has previously received
that relief, it may issue its order granting the relief prayed for.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
- (b) This section applies to convictions which occurred before, as
well as those which occur after, the effective date of this section.
- (c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of any local ordinance relating to operation,
standing, stopping, or parking of a motor vehicle.
- (d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23152, 23153, or 23220.
(B) Violation of any local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
- (e) This section shall apply in any case in which a person was
under the age of 21 at the time of the commission of an offense as to
which this section is made applicable if that offense was committed
prior to March 7, 1973.
- (f) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
- (g) A person who petitions for an order sealing a record under
this section may be required to reimburse the county for the actual
cost of services rendered, whether or not the petition is granted and
the records are sealed or expunged, at a rate to be determined by
the county board of supervisors not to exceed one hundred twenty
dollars ($120), and to reimburse any city for the actual cost of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
city council not to exceed one hundred twenty dollars ($120).
Ability to make this reimbursement shall be determined by the court
using the standards set forth in paragraph (2) of subdivision (g) of
Section 987.8 and shall not be a prerequisite to a person's
eligibility under this section. The court may order reimbursement in
any case in which the petitioner appears to have the ability to pay,
without undue hardship, all or any portion of the cost for services
established pursuant to this subdivision.
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