Section 215.40. Dismissal of action; effect thereof; records

If  an action has not been restored to the calendar within six months,
  or where the  defendant  has  agreed  to  pay  a  fine,  restitution  or
  reparation but has not paid such fine, restitution or reparation, within
  one  year,  of  the  issuance  of  an  order  adjourning  the  action in
  contemplation of dismissal, the accusatory instrument shall be deemed to
  have been dismissed by the  court  in  furtherance  of  justice  at  the
  expiration  of  such  six  month or one year period, as the case may be.
  Upon dismissal of an action, the arrest and prosecution shall be  deemed
  a  nullity,  and  defendant  shall  be  restored to the status he or she
  occupied before his or  her  arrest  and  prosecution.  All  papers  and
  records  relating  to an action that has been dismissed pursuant to this
  section shall be subject to the sealing provisions of section 160.50  of
  this chapter.