No, that is wrong. @texases is right. You are guilty until you PROVE your innocence. This isn’t criminal court, its more like tax court; you are guilty until proven innocent.
The tests smog guys run cannot test everything the manufacturer is required to do. They just run a quick verification test which includes a visual check. If you passed smog without a catalytic converter, you would still fail. If you showed up with a performance fuel injection throttle body, you’d better have the CARB exemption number showing it as acceptable on your car and engine combination or you fail.