The California state and local courts send information to the Department of Justice (DOJ). After your case is over, the court contacts DOJ to report the outcome of the case. This information is also known as the disposition of the case. There are many possible dispositions which could appear on your record. Some common dispositions include not convicted, dismissed, acquitted, and convicted.

A conviction is generally a guilty plea or a court’s finding of guilt for a crime or an offense. Criminal convictions are determined by both the disposition of the case and the classification of the offense (infraction, felony, or misdemeanor). For example, if you receive a deferred entry of judgment based upon your guilty plea and successfully complete probation, your guilty plea will not be considered a conviction. You can have a conviction even though you never served time in jail. If you received probation, paid fine, did community service, or received a conditional sentence, you had a conviction. The disposition entry on your record sheet will contain information about the type of offenses you were convicted of.

 

Felony: A serious criminal offense punishable by imprisonment in the state prison for more than six months (although you may not serve any time in jail or prison) or death. Some common felony charges are possession with intent to sell controlled substances, burglary, robbery, arson, carjacking, felony driving under the influence with bodily injury to another person, and felony assault. Conviction of a felony is considered conviction of a crime.

 

Wobbler: A wobbler is a criminal offense that can be classified as either a misdemeanor or a felony, thus it wobbles between these two categories of offenses. Common wobblers include driving under the influences, battery with serious bodily injury, petty theft, simple grand theft, and receiving stolen property. Conviction of a wobbler is considered conviction of a crime.

Vacating of Setting Aside a Guilty Plea or Verdict: The court may “set aside” (dismiss) or vacate a guilty plea or verdict after a successful appeal, upon fulfillment of all probation conditions, or whenever justice requires. This procedure enables you to apply for an expungement, Certificate of Rehabilitation, and pardon. However, your guilty plea or verdict is still considered a conviction and MUST be disclosed in three settings: 1) if you are running for public office; 2) if you are contracting with the California State Lottery; and, 3) if you are pursuing occupational licensure.

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