Criminal Court – Other Miscellaneous Criminal Petitions
Phone: (415) 444-7070
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 4:00pm

Proposition 64 - Petition (Health & Safety Code Section 11361.8) Adult Crime(s)

Under Health & Safety Code § 11361.8, a person currently serving a sentence, or who has completed a sentence, for a conviction of a violation of section 11357, 11358, 11359, or 11360 of the Health & Safety Code may be eligible to have the conviction reduced or re-designated as a misdemeanor or an infraction and resentenced, dismissed or sealed.

Am I eligible?

If you were 18 years of age or over when charged with one or more of the violations listed above, click here for further instructions.

If you were under 18 years of age when charged with one or more of the violations listed above, contact Juvenile Services at (415) 444-7045.

Petitions to Seal and Destroy Arrest Records

California Penal Code section 851.8 sets forth a procedure in which individuals may petition law enforcement or the District Attorney's Office to destroy arrest records in instances where no complaint is ever filed with the Court. If law enforcement or the District Attorney's Office does not respond to these petitions, individuals may then file the petition with the Court to obtain an order compelling the destruction of these arrest records. The petition is entitled "Petition to Seal & Destroy Arrest Records Pursuant to 851.8 of the California Penal Code" and is available by clicking here. If filing this petition with the Court, it must be filed in person in the Civil Clerk’s Office, Room 113. It will be forwarded to a judicial officer to determine whether to grant or deny the petition.

Petition for Release From Penalties and Dismissal of Criminal Case

California Penal Code section 1203.4 describes a process by which a defendant may petition the Court to dismiss a criminal record, following successful completion of all terms and conditions of probation and no new arrests or convictions. This process is also called an expungement of a criminal record. The Petition for Dismissal (form CR-180) and Order for Dismissal (form CR-181) are available on the Judicial Council website by clicking here. It must be filed at the Criminal Clerk's Office and a court hearing will be calendared within eight weeks.

The Court cannot charge a fee to file the petition, but the Court may order the petitioner to reimburse the Court, the City, and the County up to $150 each after deciding the petition, whether or not the petition was granted. However, the Court will not order the petitioner to pay unless it finds that the petitioner is able to pay all or part of the costs of the petition without undue hardship.