California § 653.29
Full text of California Public Contract Code - PCC § 653.29, with citation guidance and answers to common questions.
§ 653.29.
(a) (1) A person currently serving a sentence for a conviction of violating former Section 653.22, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in the case to request resentencing or dismissal, and sealing, as applicable. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid and shall seal the conviction as legally invalid. (b) (1) A person who has completed their sentence for a conviction of violating former Section 653.22, whether by trial or open or negotiated plea, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid. (2) The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid. (c) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (b). (d) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (e) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (f) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.
Frequently Asked Questions About California § 653.29
What does Public Contract Code - PCC § 653.29 cover?
Section 653.29 is part of the Public Contract Code - PCC, the codified statutory law of California. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite California § 653.29?
A common citation format is "Public Contract Code - PCC § 653.29" (California). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of California law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the California official source linked on this page or consult a licensed California attorney.
How does California § 653.29 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in California can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in California.