Expungements
If you have been unlucky enough to have one or more
prior convictions you may want to clear your record.
Your reputation is one of your most important assets.
Many decent people lose employment opportunities because
they did not bother to spend the money and time to clean
up a prior criminal record and wipe the slate clean.
The destruction, dismissal, or sealing of a criminal
conviction or an arrest record by California courts
can be accomplished several ways.
Arrested but there was no conviction?
You can ask the court to declare you factually innocent,
permitting the sealing and destruction of your arrest
record. Then you will be able to tell licensing boards,
future employers and others you do not have an arrest
record.
Convicted but never served time?
If you have a felony or misdemeanor conviction but
did not serve any time, you can ask that the charges
be dismissed one year after the sentence was issued
if you were never given probation. If you were given
probation, you must wait until you have successfully
completed it, and then ask for the expungement.
You cannot dismiss certain sex crime convictions and
Vehicle Code infractions in California.
Served time?
If you have served time, especially if you were convicted
of specified sex crimes, you might qualify for a certificate
of rehabilitation. This is a court document you can
use with licensing boards and you can use it to avoid
registration as a sex offender in some circumstances.
Also, interestingly, this certificate automatically
becomes a petition for a full pardon.
How to Clean Up Your Criminal Record
All you need to know in three steps, plus
STEP NUMBER ONE
Before you can clean up your criminal record, you need
to know what is on your criminal record, meaning you
need to know the details of your conviction. This includes:
- Your case number (sometimes called docket number).
- Date of conviction, meaning the date of your plea. If
the matter was tried, this means the date of the verdict.
- Code name or section number(s) of criminal charge(s).
- If you entered a plea, whether it was a guilty plea
or a no contest plea (also known as nolo contendere).
- Were you on probation (formal and informal probation
are treated the same)? If so, when did it end?
- Were you ordered to pay any fines or restitution?
- If you were sentenced to state prison, which one and
on what date were you released?
- If you were on parole, when did your parole end?
Your criminal record is available from the Superior
Court where you were convicted and from the California
State Department of Justice (telephone number 916-227-3400).
STEP NUMBER TWO (A) [if you did not go to state
prison]
With your record in hand, you can file petitions to
have your conviction dismissed and your criminal record
expunged.
- If you were convicted of a misdemeanor
and are still on probation, you can
request early release with a PC 1203.3 petition together
with a PC 1203.4 petition asking for expungement.
- If were convicted of a misdemeanor
and have completed probation, you
can file a PC 1203.4 petition for expungement or,
if there was no probation ordered, you can file a
PC 1203.4(a) petition for expungement.
- If you were convicted of a felony
and are still on probation, you can
request early release from probation and file a petition
to have your conviction reduced to a misdemeanor and
dismissed, using PC 1203.3, PC 17(b), and PC 1203.4
petitions.
- If you were convicted of a felony
and have finished probation, you
can file a PC 17(b) petition to have the felony reduced
and a PC 1203.4 petition to expunge the record.
- If you were convicted of a felony
and were never given any probation
at all but instead you were sentenced to county jail,
you can file a PC 17(b) to get the felony reduced
and a PC 1203.4(a) petition to expunge your record.
STEP NUMBER TWO (B) [if you did go to state
prison]
You are not eligible for a dismissal of the conviction
or for an expungement of your criminal record.
You may, however, be eligible for a Certificate
of Rehabilitation. The process is lengthy and
the result is uncertain.
STEP NUMBER THREE
What can you do now that you have a dismissal and you
have cleared your record?
When applying for employment, you can legally
and ethically (if not exactly truthfully) state that
you have never been convicted (of this crime anyway).
Important exception: If you are applying
for a government job (or if you are applying for a government
license) you cannot pretend it never happened, as you
can in the private sector. Instead, you must admit to
the conviction, but of course you can also state that
it was dismissed. If you are asked in writing to respond
in writing, the proper wording is “YES—CONVICTION
DISMISSED.”
PLUS
More Criminal Records Information
For questions or a free confidential consultation, contact the Law
Offices of Douglas Slain, call 707-658-4437.
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