(a)(1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, pursuant to regulations adopted by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, pursuant to regulations adopted by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are
automatically ineligible for relief pursuant to this section:
(A) Murder.
(B) Kidnapping.
(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(D) Lewd acts on a child under 14 years of age, as defined in Section 288.
(E) A felony punishable by death or imprisonment in the state prison for life.
(F) A sex offense requiring registration pursuant to Section 290.
(G) Escape from a secure
perimeter within the previous 10 years.
(H) Arson.
(2)Any denial of relief pursuant to this section shall be without prejudice.
(3)For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.
(b)(1) The defendant may file a petition for relief with the court in the county where the defendant was
sentenced.
(2)(A) Upon the release from custody of the defendant, the Department of Corrections and Rehabilitation shall certify to the court in the county where the defendant was sentenced that the individual successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated at an institutional firehouse. The department shall provide a copy of this certification to the defendant upon their release and shall include information regarding the expungement process.
The department may promulgate regulations to implement this process.
(B)Upon the release from custody of the defendant, a county authority shall certify to the court in the county where the defendant was sentenced that the individual successfully participated as a member of a county incarcerated individual hand crew. The county authority shall provide a copy of this certification to the defendant upon their release and shall include information regarding the expungement process. A county authority may promulgate rules to implement this process.
(3)If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).
(4)To be eligible for relief pursuant to this section, the defendant is
not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.
(5)All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified
in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.
(6)(A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.
(B)This paragraph does not apply to an application for licensure by the Commission on
Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.
(7)Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendant’s arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny
a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter.
(c)(1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.
(2)The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.
(3)The defendant may make the application and change of plea in person or by attorney.
(4)(A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(B)An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that
the defendant did not successfully participate as a member of a county incarcerated individual hand crew.
(C)When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d)Relief granted pursuant to this section is subject to the following conditions:
(1)In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.
(2)The order shall state, and
the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.
(3)Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the person’s custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(4)Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public
office as a result of that conviction to hold public office.
(5)Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(e)(1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the
petition for relief.
(2)It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f)If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.