Does the Attorney General have jurisdiction to dismiss and seal a conviction under section 11361.8 of the Criminal Code?

The dismissal of appellant's conviction in 2015 did not moot the issue of whether he is entitled to a dismissal and sealing of his records under section 11361.8. The 2015 dismissal did not make the conviction a legal nullity; in any prosecution for a later offense, the conviction could be pleaded and proved as if it had not been dismissed. (Pen. Code, 1203.4, subd. (a)(1); People v. Tidwell (2016) 246 Cal.App.4th 212, 216-217.) By contrast, relief under the Act makes the conviction invalid, releasing appellant

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from all of its legal consequences. The Attorney General concedes that appellant's claim is not moot.

2. Material Outside the Record of Conviction May Be Used