2024 Proposition 36 Record Guide
Does Proposition 36 Clear Your Record After Successful Treatment?
Successful completion of the HS §11395 treatment framework, created by 2024 Proposition 36, can lead to dismissal when the statutory requirements are met. But dismissal does not mean every court, DOJ or law-enforcement record is physically erased. Separate record-relief law may still matter.
Quick answer
Does Proposition 36 Clear Your Record?
- Successful HS §11395 treatment can lead to dismissal when the statute's requirements are met.
- Dismissal does not physically erase every court, DOJ or law-enforcement record.
- Separate record-relief laws may still matter.
- Defense counsel can explain what applies after dismissal.
From treatment to record
From Successful Treatment to the Record Question
Flow from successful HS 11395 treatment to dismissal and then a separate record question.
Successful HS §11395 treatment
Statutory completion requirements
Positive program recommendation
Where required
Defense motion
Dismissal under §11395
Separate question: what happens to the record?
What the statute provides
How Dismissal Works Under §11395
HS §11395 provides a dismissal process after successful treatment when its requirements are met, including a positive program recommendation where required and a defense motion. The court decides.
Common misunderstanding
Why "Clear Your Record" Is Misleading
A dismissed case can still appear in some court, DOJ or law-enforcement records. Dismissal changes the case outcome; it does not physically delete every record.
Separate laws
Record Relief Is a Separate Question
California has separate record-relief laws, such as arrest-record relief and PC §1203.425 conviction relief. Whether any apply depends on the case. See California Clean Slate Act and SB 731 and diversion records.
What others see
Background Checks
What a background check shows depends on the type of check and the records involved. See Does Pretrial Diversion Show Up on a Background Check? and How Long Diversion Stays on Your Record.
Name confusion
Which Proposition 36 Is This?
This page discusses 2024 Proposition 36 and HS §11395. The 2000 Proposition 36 had its own, different dismissal rules, and the 2012 measure concerned Three Strikes.
Legal note
Dismissal and record relief are legal questions. Defense counsel reviews them; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not file motions or provide record-relief services. ETS coordinates treatment support and documentation that counsel may use.
Responsibilities
Who Does What?
Defense counsel
Files the motion and advises on record relief.
Court
Decides dismissal and record-relief requests.
Treatment program
Reports completion and makes recommendations.
ETS
Coordinates support and documentation.
Questions
Proposition 36 and Your Record: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Support Through Completion
ETS can help keep treatment and documentation organized while counsel handles dismissal and record questions.
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