For a minor under 17 charged with a Penal Code offense that has been dismissed under the deferred disposition statute, can expunction be requested in municipal court?

• A. True
• B. False
• C. Only if the offense involved deferral
• D. Not allowed

Answer: (A)

Expunction is available whenever a case ends without a conviction. If a minor under 17 is charged with a Penal Code offense and the case is dismissed under the deferred disposition statute, there’s no final conviction on the record. Because the case was resolved by dismissal, the law allows a petition for expunction to be filed in the municipal court that handled the matter. The goal of expunction is to remove or seal those records so they won’t show up in future background checks, giving the juvenile a clean slate after compliance with the deferred disposition terms. The petition is filed in the court of original jurisdiction, and, if granted, various agencies must comply with the order to expunge their records.

In short, yes—expunction can be requested in municipal court in this scenario because the disposition results in dismissal rather than a conviction.