Expungements

If you were wrongly arrested in San Diego County and you want your arrest records sealed or destroyed, your are not without recourse. Subject to some procedural hurdles your records can be sealed or destroyed.

For starters, the bulk of your relief is controlled by California Penal Code Section 851.8.

If you’re arrested and charges are never filed against you, you have to petition the arresting agency to get your records sealed or destroyed.  If that agency doesn’t respond within 60 days, its deemed denied and then you can move on to filing in California Superior Court. To win your case at superior court you must get a finding of factual innocence.

A finding of factual innocence and an order for the sealing and destruction of records pursuant to this section shall not be made unless the court finds that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.

Further, the burden is on you, the applicant, to show that you did not commit the offense for which you were arrested.

In any court hearing to determine the factual innocence of a party, the initial burden of proof shall rest with the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made.

If charges were filed, but there was no conviction, you can petition the court that dismissed the charges. If that court agrees that you are factually innocent then a hearing may occur with the prosecuting attorney to determine the outcome of your dismissal.

As you can see, each circumstance leads to a different series of steps, and potentially a different result.

If you need help navigating this process call us now for a free consultation.

(a) In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. A copy of the petition shall be served upon the prosecuting attorney of the county or city having jurisdiction over the offense. The law enforcement agency having jurisdiction over the offense, upon a determination that the person arrested is factually innocent, shall, with the concurrence of the prosecuting attorney, seal its arrest records, and the petition for relief under this section for three years from the date of the arrest and thereafter destroy its arrest records and the petition. The law enforcement agency having jurisdiction over the offense shall notify the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this subdivision, of the sealing of the arrest records and the reason therefor. The Department of Justice and any law enforcement agency so notified shall forthwith seal their records of the arrest and the notice of sealing for three years from the date of the arrest, and thereafter destroy their records of the arrest and the notice of sealing. The law enforcement agency having jurisdiction over the offense and the Department of Justice shall request the destruction of any records of the arrest which they have given to any local, state, or federal agency or to any other person or entity. Each agency, person, or entity within the State of California receiving the request shall destroy its records of the arrest and the request, unless otherwise provided in this section.

(b) If, after receipt by both the law enforcement agency and the prosecuting attorney of a petition for relief under subdivision (a), the law enforcement agency and prosecuting attorney do not respond to the petition by accepting or denying the petition within 60 days after the running of the relevant statute of limitations or within 60 days after receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied. In any case where the petition of an arrestee to the law enforcement agency to have an arrest record destroyed is denied, petition may be made to the superior court that would have had territorial jurisdiction over the matter. A copy of the petition shall be served on the law enforcement agency and the prosecuting attorney of the county or city having jurisdiction over the offense at least 10 days prior to the hearing thereon. The prosecuting attorney and the law enforcement agency through the district attorney may present evidence to the court at the hearing. Notwithstanding Section 1538.5 or 1539, any judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is material, relevant, and reliable. A finding of factual innocence and an order for the sealing and destruction of records pursuant to this section shall not be made unless the court finds that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. In any court hearing to determine the factual innocence of a party, the initial burden of proof shall rest with the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made. If the court finds the arrestee to be factually innocent of the charges for which the arrest was made, then the court shall order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency which arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this section to seal their records of the arrest and the court order to seal and destroy the records, for three years from the date of the arrest and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall also order the law enforcement agency having jurisdiction over the offense and the Department of Justice to request the destruction of any records of the arrest which they have given to any local, state, or federal agency, person or entity. Each state or local agency, person or entity within the State of California receiving such a request shall destroy its records of the arrest and the request to destroy the records, unless otherwise provided in this section. The court shall give to the petitioner a copy of any court order concerning the destruction of the arrest records.

(c) In any case where a person has been arrested, and an accusatory pleading has been filed, but where no conviction has occurred, the defendant may, at any time after dismissal of the action, petition the court that dismissed the action for a finding that the defendant is factually innocent of the charges for which the arrest was made. A copy of the petition shall be served on the prosecuting attorney of the county or city in which the accusatory pleading was filed at least 10 days prior to the hearing on the petitioner’s factual innocence. The prosecuting attorney may present evidence to the court at the hearing. The hearing shall be conducted as provided in subdivision (b). If the court finds the petitioner to be factually innocent of the charges for which the arrest was made, then the court shall grant the relief as provided in subdivision (b).

(d) In any case where a person has been arrested and an accusatory pleading has been filed, but where no conviction has occurred, the court may, with the concurrence of the prosecuting attorney, grant the relief provided in subdivision (b) at the time of the dismissal of the accusatory pleading.

(e) Whenever any person is acquitted of a charge and it appears to the judge presiding at the trial at which the acquittal occurred that the defendant was factually innocent of the charge, the judge may grant the relief provided in subdivision (b).

(f) In any case where a person who has been arrested is granted relief pursuant to subdivision (a) or (b), the law enforcement agency having jurisdiction over the offense or court shall issue a written declaration to the arrestee stating that it is the determination of the law enforcement agency having jurisdiction over the offense or court that the arrestee is factually innocent of the charges for which the person was arrested and that the arrestee is thereby exonerated. Thereafter, the arrest shall be deemed not to have occurred and the person may answer accordingly any question relating to its occurrence.

(g) The Department of Justice shall furnish forms to be utilized by persons applying for the destruction of their arrest records and for the written declaration that one person was found factually innocent under subdivisions (a) and (b).

(h) Documentation of arrest records destroyed pursuant to subdivision (a), (b), (c), (d), or (e) that are contained in investigative police reports shall bear the notation “Exonerated” whenever reference is made to the arrestee. The arrestee shall be notified in writing by the law enforcement agency having jurisdiction over the offense of the sealing and destruction of the arrest records pursuant to this section.

(i) (1) Any finding that an arrestee is factually innocent pursuant to subdivision (a), (b), (c), (d), or (e) shall not be admissible as evidence in any action.

(2) Notwithstanding paragraph (1), a finding that an arrestee is factually innocent pursuant to subdivisions (a) to (e), inclusive, shall be admissible as evidence at a hearing before the California Victim Compensation and Government Claims Board.

(j) Destruction of records of arrest pursuant to subdivision (a), (b), (c), (d), or (e) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest, and the record shall be prepared again so that it appears that the arrest never occurred. However, where (1) the only entries on the record pertain to the arrest and (2) the record can be destroyed without necessarily affecting the destruction of other records, then the document constituting the record shall be physically destroyed.

(k) No records shall be destroyed pursuant to subdivision (a), (b), (c), (d), or (e) if the arrestee or a codefendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of the records has received a certified copy of the complaint in the civil action, until the civil action has been resolved. Any records sealed pursuant to this section by the court in the civil actions, upon a showing of good cause, may be opened and submitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person authorized by the court. Immediately following the final resolution of the civil action, records subject to subdivision (a), (b), (c), (d), or (e) shall be sealed and destroyed pursuant to subdivision (a), (b), (c), (d), or (e).

(l) For arrests occurring on or after January 1, 1981, and for accusatory pleadings filed on or after January 1, 1981, petitions for relief under this section may be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. Until January 1, 1983, petitioners can file for relief under this section

(m) Any relief which is available to a petitioner under this section for an arrest shall also be available for an arrest which has been deemed to be or described as a detention under Section 849.5 or 851.6.

(n) This section shall not apply to any offense which is classified as an infraction.

(o) (1) This section shall be repealed on the effective date of a final judgment based on a claim under the California or United States Constitution holding that evidence that is relevant, reliable, and material may not be considered for purposes of a judicial determination of factual innocence under this section. For purposes of this subdivision, a judgment by the appellate division of a superior court is a final judgment if it is published and if it is not reviewed on appeal by a court of appeal. A judgment of a court of appeal is a final judgment if it is published and if it is not reviewed by the California Supreme Court.

(2) Any decision referred to in this subdivision shall be stayed pending appeal.

(3) If not otherwise appealed by a party to the action, any decision referred to in this subdivision which is a judgment by the appellate division of the superior court shall be appealed by the Attorney General.

(p) A judgment of the court under subdivision (b), (c), (d), or (e) is subject to the following appeal path:

(1) In a felony case, appeal is to the court of appeal. (2) In a misdemeanor case, or in a case in which no accusatory pleading was filed, appeal is to the appellate division of the superior court.

(2) In a misdemeanor case, or in a case in which no accusatory pleading was filed, appeal is to the appellate division of the superior court.

(Amended Sec. 159, Ch. 328, Stats. 2010. Effective January 1, 2011.)

432.7.  (a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, or concerning a conviction
that has been judicially dismissed or ordered sealed pursuant to law,
including, but not limited to, Sections 1203.4, 1203.4a, 1203.45,
and 1210.1 of the Penal Code, nor shall any employer seek from any
source whatsoever, or utilize, as a factor in determining any
condition of employment including hiring, promotion, termination, or
any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did not
result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program, or
concerning a conviction that has been judicially dismissed or ordered
sealed pursuant to law, including, but not limited to, Sections
1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. As used in
this section, a conviction shall include a plea, verdict, or finding
of guilt regardless of whether sentence is imposed by the court.
Nothing in this section shall prevent an employer from asking an
employee or applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.
   (b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300 of
the Penal Code, to a government agency employing a peace officer.
However, the employer shall not determine any condition of employment
other than paid administrative leave based solely on an arrest
report. The information contained in an arrest report may be used as
the starting point for an independent, internal investigation of a
peace officer in accordance with Chapter 9.7 (commencing with Section
3300) of Division 4 of Title 1 of the Government Code.
   (c) In any case where a person violates this section, or Article 6
(commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of
the Penal Code, the applicant may bring an action to recover from
that person actual damages or two hundred dollars ($200), whichever
is greater, plus costs, and reasonable attorney's fees. An
intentional violation of this section shall entitle the applicant to
treble actual damages, or five hundred dollars ($500), whichever is
greater, plus costs, and reasonable attorney's fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).
   (d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.
   (e) Persons seeking employment or persons already employed as
peace officers or persons seeking employment for positions in the
Department of Justice or other criminal justice agencies as defined
in Section 13101 of the Penal Code are not covered by this section.
   (f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:
   (1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.
   (2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.
   (g) (1) No peace officer or employee of a law enforcement agency
with access to criminal offender record information maintained by a
local law enforcement criminal justice agency shall knowingly
disclose, with intent to affect a person's employment, any
information contained therein pertaining to an arrest or detention or
proceeding that did not result in a conviction, including
information pertaining to a referral to, and participation in, any
pretrial or posttrial diversion program, to any person not authorized
by law to receive that information.
   (2) No other person authorized by law to receive criminal offender
record information maintained by a local law enforcement criminal
justice agency shall knowingly disclose any information received
therefrom pertaining to an arrest or detention or proceeding that did
not result in a conviction, including information pertaining to a
referral to, and participation in, any pretrial or posttrial
diversion program, to any person not authorized by law to receive
that information.
   (3) No person, except those specifically referred to in Section
1070 of the Evidence Code, who knowing he or she is not authorized by
law to receive or possess criminal justice records information
maintained by a local law enforcement criminal justice agency,
pertaining to an arrest or other proceeding that did not result in a
conviction, including information pertaining to a referral to, and
participation in, any pretrial or posttrial diversion program, shall
receive or possess that information.
   (h) "A person authorized by law to receive that information," for
purposes of this section, means any person or public agency
authorized by a court, statute, or decisional law to receive
information contained in criminal offender records maintained by a
local law enforcement criminal justice agency, and includes, but is
not limited to, those persons set forth in Section 11105 of the Penal
Code, and any person employed by a law enforcement criminal justice
agency who is required by that employment to receive, analyze, or
process criminal offender record information.
   (i) Nothing in this section shall require the Department of
Justice to remove entries relating to an arrest or detention not
resulting in conviction from summary criminal history records
forwarded to an employer pursuant to law.
   (j) As used in this section, "pretrial or posttrial diversion
program" means any program under Chapter 2.5 (commencing with Section
1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of
Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle
Code, or any other program expressly authorized and described by
statute as a diversion program.
   (k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of consenting
to, or approving of, the prospective concessionaire's application
for, or acquisition of, any beneficial interest in a concession,
lease, or other property interest.
   (2) For purposes of this subdivision the following terms have the
following meanings:
   (A) "Screening" means a written request for criminal history
information made to a local law enforcement agency.
   (B) "Prospective concessionaire" means any individual, general or
limited partnership, corporation, trust, association, or other entity
that is applying for, or seeking to obtain, a public agency's
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency's
concession, lease, or other property right whether directly or
indirectly held. However, "prospective concessionaire" does not
include any of the following:
   (i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender's business and
not made for the purpose of acquisition.
   (ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender's security.
   (C) "Affiliate" means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.
   (D) "Associate" means any individual or entity that shares a
common business purpose with the prospective concessionaire with
respect to the beneficial ownership interest that is subject to the
consent or approval of the city, county, city and county, or
district.
   (E) "Control" means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.
   (l) (1) Nothing in subdivision (a) shall prohibit a public agency,
or any officer or official thereof, from denying consent to, or
approval of, a prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest based on the criminal history information of
the prospective concessionaire or the affiliates or associates of the
prospective concessionaire that show any criminal conviction for
offenses involving moral turpitude. Criminal history information for
purposes of this subdivision includes any criminal history
information obtained pursuant to Section 11105 or 13300 of the Penal
Code.
   (2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire or
the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.
   (3) Any prospective concessionaire whose application for consent
or approval to acquire a beneficial interest in a concession, lease,
or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.
   (4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness of
the criminal history information utilized by the public agency in
making its original decision.
   (B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within 90
days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.
   (m) Subdivision (a) does not prohibit an employer from asking an
applicant about a criminal conviction of, seeking from any source
information regarding a criminal conviction of, utilizing as a factor
in determining any condition of employment of, or entry into a
pretrial diversion or similar program by, the applicant if, pursuant
to Section 1829 of Title 12 of the United States Code or any other
state or federal law, any of the following apply:
   (1) The employer is required by law to obtain information
regarding a conviction of an applicant.
   (2) The applicant would be required to possess or use a firearm in
the course of his or her employment.
   (3) An individual who has been convicted of a crime is prohibited
by law from holding the position sought by the applicant, regardless
of whether that conviction has been expunged, judicially ordered
sealed, statutorily eradicated, or judicially dismissed following
probation.
   (4) The employer is prohibited by law from hiring an applicant who
has been convicted of a crime.

PENAL CODE – 17

(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:

(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.

(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.

(3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.

(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.

(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.

(c) When a defendant is committed to the Division of Juvenile Justice for a crime punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail not exceeding one year, the offense shall, upon the discharge of the defendant from the Division of Juvenile Justice, thereafter be deemed a misdemeanor for all purposes.

(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:

(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;

(2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(e) Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

Cal Penal Code 1203.4a


(a) Every defendant convicted of a misdemeanor and not
granted probation, and every defendant convicted of an infraction
shall, at any time after the lapse of one year from the date of
pronouncement of judgment, if he or she has fully complied with and
performed the sentence of the court, is not then serving a sentence
for any offense and is not under charge of commission of any crime,
and has, since the pronouncement of judgment, lived an honest and
upright life and has conformed to and obeyed the laws of the land, be
permitted by the court to withdraw his or her plea of guilty or nolo
contendere and enter a plea of not guilty; or if he or she 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 accusatory pleading against the defendant, who shall
thereafter be released from all penalties and disabilities resulting
from the offense of which he or she has been convicted, except as
provided in Chapter 3 (commencing with Section 29900) of Division 9
of Title 4 of Part 6 of this code or Section 13555 of the Vehicle
Code.
   (b) If a defendant does not satisfy all the requirements of
subdivision (a), after a lapse of one year from the date of
pronouncement of judgment, a court, in its discretion and in the
interests of justice, may grant the relief available pursuant to
subdivision (a) to a defendant convicted of an infraction, or of a
misdemeanor and not granted probation, or both, if he or she has
fully complied with and performed the sentence of the court, is not
then serving a sentence for any offense, and is not under charge of
commission of any crime.
   (c) (1) The defendant shall be informed of the provisions of this
section, either orally or in writing, at the time he or she is
sentenced. The defendant may make an application and change of plea
in person or by attorney, or by the probation officer authorized in
writing, provided that, 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 relief had not been
granted pursuant to this section.
   (2) Dismissal of an accusatory pleading pursuant to this section
does not permit a person to own, possess, or have in his or her
custody or control any firearm or prevent his or her conviction under
Chapter 2 (commencing with Section 29800) of Division 9 of Title 4
of Part 6.
   (3) Dismissal of an accusatory pleading 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.
   (d)  This section applies to any conviction specified in
subdivision (a) or (b) that occurred before, as well as those
occurring after, the effective date of this section, except that this
section does not apply to the following:
   (1) A misdemeanor violation of subdivision (c) of Section 288.
   (2) Any misdemeanor falling within the provisions of Section
42002.1 of the Vehicle Code.
   (3) Any infraction falling within the provisions of Section 42001
of the Vehicle Code.
   (e) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
   (f) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
   (g) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.