When a bond is exonerated
- Charges are dismissed or the defendant is acquitted.
- The defendant is sentenced, or remanded into custody.
- The defendant is surrendered by the surety under Penal Code §1300.
- A forfeited bond is reinstated because the defendant appeared inside the 185-day period in Penal Code §1305.
- The case is transferred and new bail is posted in the receiving court.
What exoneration returns
| Item | Returned on exoneration? |
|---|---|
| Cash bail deposited with the court | Yes — to the depositor under Penal Code §1297 |
| Collateral held by the agency | Yes, after any balance is settled |
| Recorded property lien | Yes — reconveyed after exoneration |
| 10% premium | No — earned when the bond was posted |
How to confirm it happened
Exoneration appears in the court's minute order for the hearing. Ask the clerk for a copy or check the case docket, then send it to the bail agency to trigger the collateral release. Departments and clerk windows are listed in the courthouse directory.
Forfeiture, then exoneration
A missed court date forfeits the bond, but the case is not over. Under §1305 the surety gets 180 days plus 5 for mailing to return the defendant; if that happens, the bond is exonerated by operation of law. Miss the window and Penal Code §1306 allows summary judgment for the full amount. See what happens if the defendant doesn't appear.