Fresh Start - Adult
You may request a court to seal your arrest and criminal records if a judge determines that you have met the requirements. If you have met all requirements, the records will be sealed and not available to the public. There are certain limitations, depending on what type of remedy or end result you are asking for. A summary of the different options are included below.
The Solano County Public Defender’s Office provides service listed below if we represented you on at least one of the cases that you are seeking to have cleared. We also represent any resident of Solano County who is seeking a Certificate of Rehabilitation, regardless of whether you were represented by our office.
Please contact the Public Defender to start the process at (707)-784-6700 or [email protected] with any questions, or apply here.
Your Situation
How We Can Help
You were arrested and a case against you was filed but dismissed.
Request arrest records in the case to be sealed and destroyed by a under Pen. Code, § 851.8.
You were acquitted at trial.
Request records in the case to be sealed, including any record of your arrest or detention by a motion under Pen. Code, § 851.85.
Your conviction was set aside based upon a determination that you are factually innocent.
Request records in the case to be sealed, including any record of your arrest or detention under Pen. Code, § 851.86.
You successfully complete a pre-filing diversion program.
Two years after successful completion of the diversion program, file a petition under Pen. Code, § 851.87 with the court, request records in the case to be sealed, including any record of your arrest or detention.
You successfully complete a drug diversion program under Pen. Code §§ 1000, 1000.5, or 1000.8.
Request records in the case to be sealed, including any record of your arrest or detention, with a petition under Pen. Code, § 851.90.
You were under 18 at the time you committed a misdemeanor, and are eligible or have previously received relief under Penal Code §§ 1203.4 or 1203.4a.
Request records in the case to be sealed, including any record of your arrest or detention, with a petition under Pen. Code, § 1203.45 with the court.
Your petition under Welfare and Institutions Code § 781 is granted for violations of Pen. Code §§ 647(b) and/or 653.22.
Request all records in the case to be sealed, including any record of your arrest or detention, with a petition under Pen. Code, § 1203.47 with the court.
You are in the Department of Justice’s DNA and Forensic Identification Database but you have no qualifying offense or pending charge that justifies you being included in the database.
Request that the California Department of Justice destroy your DNA sample and/or specimen and expunge (delete) your DNA database profile, with a petition under Pen. Code, § 299.
You were convicted of an offense that requires you to register as a sex offender pursuant to Penal Code 290.
Depending on your offense, you may be able to petition to terminate the requirement that you register. Ask the police department what tier you are in, and click here for more information.
Dismissals – Misdemeanors
| You were convicted of a misdemeanor. | Request a dismissal of the conviction, with petition under Pen. Code, § 1203.4 or 1203.4a for dismissal. |
Dismissals – Felonies
As referred to below, “wobblers” are offenses that can either be charged as a misdemeanor or a felony. You can tell whether a felony is a “wobbler” by going to the code section and looking at the possible sentence options. If the sentence for the offense is punishable by imprisonment in the state prison or in a county jail, the offense is a wobbler. Similarly, if the sentence for the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail, the offense is a wobbler.
| Situation | Remedy | How We Can Help | |
| You were convicted of a felony wobbler and are done with probation and/or county jail time. | File a petition to have the conviction reduced under Pen. Code § 17(b) to get a felony reduced, and a petition under Pen. Code, § 1203.4 for dismissal. | ||
| You were convicted of a felony and sentenced to county jail under Pen. Code, § 1170(h)(5) – with or without a period of mandatory supervision. | File a petition under Pen. Code, § 1203.41 to have the conviction dismissed. | ||
| You were convicted of a felony and were sentenced to state prison or put under the authority of the Department of Corrections and Rehabilitation. | File a petition for a certificate of rehabilitation and pardon. | ||
Marijuana related offenses.
Depending on the offense, you may be able to have a felony marijuana offense reduced to a misdemeanor, or some offenses dismissed completely under Proposition 64.
You may be able to have the conviction vacated with proof that you were a victim.
