California Labor Code section 432.7 has, in the past, made individuals that were arrested but not convicted, or individuals that successfully completed diversion cases, immune in most circumstances from discrimination in employment, promotion, or termination based upon that event. This section did not include expunged cases.
That has now changed. SB 530, already signed into law by Gov. Brown and effective January 1, 2014, amends labor code section 432.7 to include cases that have been "judicially dismissed"- this now includes Expungement. This means that individuals who have been granted or will be granted a California Expungement under California Penal Code section 1203.4 are now included and cannot be discriminated against for employment, hiring, promotion, or termination based upon that expunged case.
Additionally, the law prohibits employers from seeking information regarding that expunged conviction.
Certain exemptions to this law do exist, but they are primarily focused upon individuals seeking employment in law enforcement or other areas where California law prohibits the employment of an individual convicted of certain offenses, or in employment situations where the person is required to carry a firearm as condition of employment.
This is great news for individuals who have already had their records expunged, and also makes a California expungement much more valuable going forward.
The law also provides for damages for employers that violate the section and improperly discriminate against individuals with an expunged case.
Please feel free to give us a call, and we can discuss expungement in your case in detail.
800 495 2819 Record-Clear.com
Monday, December 30, 2013
Saturday, November 30, 2013
Sunday, September 29, 2013
Many California Marijuana Records May Be Sealed
The law requires the Court as well as the California Department of
Justice 'rap sheet' to purge and destroy certain Marijuana records two
years after a conviction, but this is very often not done.
Section 11361.5 of the California Health and Safety Code (hereinafter "H&S") allows a petition to the Court and to the California Department of Justice ("CALDOJ") to request these records be destroyed two years after conviction. This includes most §11357 (and following) Health & Safety Code cases, as well as some other drug offenses not related to drug trafficking.
§11357 H&S covers personal possession of less than 1 ounce of marijuana (28.5 grams), as well as concentrated cannabis and possession of more than one ounce if treated as a misdemeanor. The sealing provisions also include section §11364 H&S; possession of a "hash pipe".
Visit our website for more information and a Free consultation
§11361.5 H&S provides in pertinent part:
"Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction...." Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed." If you have suffered a marijuana possession or paraphernalia conviction, it is quite likely the record of that case can be permanently destroyed. Please call us to discuss your matter, and we can help you determine eligibility, and check to see if the case is still on public record. Unfortunately the Courts are very inattentive to this requirement.
Cases involving marijuana trafficking offenses such as possession for the purpose of sale (§11359 H&S) or transportation of marijuana (§11360 a H&S) are felony cases that are not covered by the record destruction statute. However, most such cases that cannot be sealed can be expunged under 1203.4 of the California Penal Code.
Our Attorneys have successfully sealed and expunged hundreds of Marijuana Cases in California. The procedure can take from 12 to 20 weeks, depending upon the Court, the complexity of the case, and how old the conviction is. Fees are reasonable, and include the petitions, court hearings, filing fees and research for BOTH the local trial Court and California Department of Justice.
California Health and Safety Code §11357
(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
California Health and Safety Code § 11361.5
(a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision (c). The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date.
(b) This subdivision applies only to records of convictions and arrests not followed by conviction occurring prior to January 1, 1976, for any of the following offenses:
(1) Any violation of Section 11357 or a statutory predecessor thereof.
(2) Unlawful possession of a device, contrivance, instrument, or paraphernalia used for unlawfully smoking marijuana, in violation of Section 11364, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(3) Unlawful visitation or presence in a room or place in which marijuana is being unlawfully smoked or used, in violation of Section 11365, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(4) Unlawfully using or being under the influence of marijuana, in violation of Section 11550, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction. The application shall be submitted upon a form supplied by the Department of Justice and shall be accompanied by a fee, which shall be established by the department in an amount which will defray the cost of administering this subdivision and costs incurred by the state under subdivision (c), but which shall not exceed thirty-seven dollars and fifty cents ($37.50). The application form may be made available at every local police or sheriff's department and from the Department of Justice and may require that information which the department determines is necessary for purposes of identification.
The department may request, but not require, the applicant to include a self-administered fingerprint upon the application. If the department is unable to sufficiently identify the applicant for purposes of this subdivision without the fingerprint or without additional fingerprints, it shall so notify the applicant and shall request the applicant to submit any fingerprints which may be required to effect identification, including a complete set if necessary, or, alternatively, to abandon the application and request a refund of all or a portion of the fee submitted with the application, as provided in this section. If the applicant fails or refuses to submit fingerprints in accordance with the department's request within a reasonable time which shall be established by the department, or if the applicant requests a refund of the fee, the department shall promptly mail a refund to the applicant at the address specified in the application or at any other address which may be specified by the applicant. However, if the department has notified the applicant that election to abandon the application will result in forfeiture of a specified amount which is a portion of the fee, the department may retain a portion of the fee which the department determines will defray the actual costs of processing the application, provided the amount of the portion retained shall not exceed ten dollars ($10).
Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed.
(d) Notwithstanding subdivision (a) or (b), written transcriptions of oral testimony in court proceedings and published judicial appellate reports are not subject to this section. Additionally, no records shall be destroyed pursuant to subdivision (a) if the defendant or a co-defendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has finally been resolved. Immediately following the final resolution of the civil action, records subject to subdivision (a) shall be destroyed pursuant to subdivision (c) if more than two years have elapsed from the date of the conviction or arrest without conviction.
Section 11361.5 of the California Health and Safety Code (hereinafter "H&S") allows a petition to the Court and to the California Department of Justice ("CALDOJ") to request these records be destroyed two years after conviction. This includes most §11357 (and following) Health & Safety Code cases, as well as some other drug offenses not related to drug trafficking.
§11357 H&S covers personal possession of less than 1 ounce of marijuana (28.5 grams), as well as concentrated cannabis and possession of more than one ounce if treated as a misdemeanor. The sealing provisions also include section §11364 H&S; possession of a "hash pipe".
Visit our website for more information and a Free consultation
"Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction...." Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed." If you have suffered a marijuana possession or paraphernalia conviction, it is quite likely the record of that case can be permanently destroyed. Please call us to discuss your matter, and we can help you determine eligibility, and check to see if the case is still on public record. Unfortunately the Courts are very inattentive to this requirement.
Cases involving marijuana trafficking offenses such as possession for the purpose of sale (§11359 H&S) or transportation of marijuana (§11360 a H&S) are felony cases that are not covered by the record destruction statute. However, most such cases that cannot be sealed can be expunged under 1203.4 of the California Penal Code.
Our Attorneys have successfully sealed and expunged hundreds of Marijuana Cases in California. The procedure can take from 12 to 20 weeks, depending upon the Court, the complexity of the case, and how old the conviction is. Fees are reasonable, and include the petitions, court hearings, filing fees and research for BOTH the local trial Court and California Department of Justice.
California Health and Safety Code §11357
(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
California Health and Safety Code § 11361.5
(a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision (c). The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date.
(b) This subdivision applies only to records of convictions and arrests not followed by conviction occurring prior to January 1, 1976, for any of the following offenses:
(1) Any violation of Section 11357 or a statutory predecessor thereof.
(2) Unlawful possession of a device, contrivance, instrument, or paraphernalia used for unlawfully smoking marijuana, in violation of Section 11364, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(3) Unlawful visitation or presence in a room or place in which marijuana is being unlawfully smoked or used, in violation of Section 11365, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(4) Unlawfully using or being under the influence of marijuana, in violation of Section 11550, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction. The application shall be submitted upon a form supplied by the Department of Justice and shall be accompanied by a fee, which shall be established by the department in an amount which will defray the cost of administering this subdivision and costs incurred by the state under subdivision (c), but which shall not exceed thirty-seven dollars and fifty cents ($37.50). The application form may be made available at every local police or sheriff's department and from the Department of Justice and may require that information which the department determines is necessary for purposes of identification.
The department may request, but not require, the applicant to include a self-administered fingerprint upon the application. If the department is unable to sufficiently identify the applicant for purposes of this subdivision without the fingerprint or without additional fingerprints, it shall so notify the applicant and shall request the applicant to submit any fingerprints which may be required to effect identification, including a complete set if necessary, or, alternatively, to abandon the application and request a refund of all or a portion of the fee submitted with the application, as provided in this section. If the applicant fails or refuses to submit fingerprints in accordance with the department's request within a reasonable time which shall be established by the department, or if the applicant requests a refund of the fee, the department shall promptly mail a refund to the applicant at the address specified in the application or at any other address which may be specified by the applicant. However, if the department has notified the applicant that election to abandon the application will result in forfeiture of a specified amount which is a portion of the fee, the department may retain a portion of the fee which the department determines will defray the actual costs of processing the application, provided the amount of the portion retained shall not exceed ten dollars ($10).
Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed.
(d) Notwithstanding subdivision (a) or (b), written transcriptions of oral testimony in court proceedings and published judicial appellate reports are not subject to this section. Additionally, no records shall be destroyed pursuant to subdivision (a) if the defendant or a co-defendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has finally been resolved. Immediately following the final resolution of the civil action, records subject to subdivision (a) shall be destroyed pursuant to subdivision (c) if more than two years have elapsed from the date of the conviction or arrest without conviction.
Friday, August 9, 2013
Expungement of Domestic Violence Cases in California
Domestic Violence cases are common prosecutions in California Criminal Courts. If the police are called to a "domestic dispute" many agencies still follow a protocol that they must make an arrest, regardless of the wishes of the victim. Cases range from very serous injury to no injury at all, but one party will almost always be booked, usually for a felony, and made to post bond.
Prosecution agencies are usually aggressive in seeking convictions (even though the 1990's were worse) and many individuals have entered into a settlement of a case that resulted in conviction for domestic violence (also commonly called "DV") offenses.
These cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed.
The most common convictions are:
Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant. This requires a "traumatic condition" that can be as minimal as red mark or slight swelling or a bruise. This can be a felony or misdemeanor.
Penal Code 243(e)(1) Domestic Battery. This includes a cohabitant, the parent of your child, your current or former spouse or a dating partner. Unlike Penal Code 273.5, this law does not require a visible injury.
Penal Code 422 Criminal Threats. This involves a threat of serious harm to someone if you intend to put the person in fear, and the threat actually did put the person in fear. This offense may be charged as a misdemeanor or a felony.
Firearms Issues
If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1. Obtaining an expungement does not reinstate firearms rights.
Under Federal Law there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act enacted in 1996) which prohibits firearm ownership of those convicted of misdemeanor domestic violence. Expungement in California does not lift the federal prohibition. There are some differences between the Federal and California definitions of misdemeanor domestic violence.
Free Domestic Violence Expungement Consultation- ALL California Courts:
Call us at: 800 495 2819 or CLICK HERE
2276 Torrance Boulevard, Torrance CA 90501
1650 Palma Drive, Suite 102, Ventura, CA
www.record-clear.com
Prosecution agencies are usually aggressive in seeking convictions (even though the 1990's were worse) and many individuals have entered into a settlement of a case that resulted in conviction for domestic violence (also commonly called "DV") offenses.
These cases can be expunged, and felony cases reduced to a misdemeanor and then expunged, so long as no state prison time was imposed.
The most common convictions are:
Penal Code 273.5 Corporal Injury to a Spouse or Cohabitant. This requires a "traumatic condition" that can be as minimal as red mark or slight swelling or a bruise. This can be a felony or misdemeanor.
Penal Code 243(e)(1) Domestic Battery. This includes a cohabitant, the parent of your child, your current or former spouse or a dating partner. Unlike Penal Code 273.5, this law does not require a visible injury.
Penal Code 422 Criminal Threats. This involves a threat of serious harm to someone if you intend to put the person in fear, and the threat actually did put the person in fear. This offense may be charged as a misdemeanor or a felony.
Firearms Issues
If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1. Obtaining an expungement does not reinstate firearms rights.
Under Federal Law there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act enacted in 1996) which prohibits firearm ownership of those convicted of misdemeanor domestic violence. Expungement in California does not lift the federal prohibition. There are some differences between the Federal and California definitions of misdemeanor domestic violence.
Free Domestic Violence Expungement Consultation- ALL California Courts:
Call us at: 800 495 2819 or CLICK HERE
2276 Torrance Boulevard, Torrance CA 90501
1650 Palma Drive, Suite 102, Ventura, CA
www.record-clear.com
Monday, July 8, 2013
Los Angeles Expungement
Los Angeles Judges are very reasonable about granting expungement petitions even with probation violations, if the proper facts are submitted to the Court. They are well informed on the law and the rights of petitioners. They are excellent in granting reductions to misdemeanor status.
Los Angeles County has a huge volume of criminal cases, but still manges to process expungement petitions (not a priority for any court) pretty well. Van Nuys is rather quick on misdemeanors; Airport Court and Metro are a lot slower. The County has over 40 Courts, and each is different. There are also several different prosecution agencies - the largest being the LA District Attorney, followed by the LA City Attorney. There are a number of other City Attorney Offices and all are unique in certain ways.
The expungement procedure can take from 8-20 weeks depending upon the Court, the complexity of the case, and how old the conviction is. Some delays can occur as this is a large county with limited resources dedicated to expungement processing.
Effective June 3, 2013, new misdemeanor and felony cases will no longer be filed at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse.
Effective June 3, 2013, pending misdemeanor and felony case filings at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse will be transferred to other courthouse locations.
We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.
Please give us a call to discuss your case and the specific facts of your matter; consultation is free. 800 495-2819.
www.record-clear.com
Los Angeles County Courts:
Airport Courthouse 11701 S. La Cienega, Los Angeles, CA 90045
Alfred J. McCourtney Juvenile Justice Center 1040 W. Avenue J, Lancaster, CA 93534
Alhambra Courthouse 150 West Commonwealth, Alhambra, CA 91801
Bellflower Courthouse 10025 East Flower Street, Bellflower, CA 90706
Beverly Hills Courthouse 9355 Burton Way, Beverly Hills, CA 90210
Burbank Courthouse 300 East Olive, Burbank, CA 91502
Catalina Courthouse 215 Summer Avenue, Avalon, CA 90704
Central Arraignment Courts 429 Bauchet St., Los Angeles, CA 90012
Central Civil West Courthouse 600 South Commonwealth Ave., Los Angeles, CA 90005
Chatsworth Courthouse 9425 Penfield Ave., Chatsworth, CA 91311
Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street, Los Angeles, CA 90012
Compton Courthouse 200 West Compton Blvd., Compton, CA 90220
David V. Kenyon Juvenile Justice Center (Delinquency) 7625 South Central Avenue, Los Angeles, CA 90001
Downey Courthouse 7500 East Imperial Highway, Downey, CA 90242
East Los Angeles Courthouse 4848 E. Civic Center Way , Los Angeles, CA 90022
Eastlake Juvenile Court (Delinquency) 1601 Eastlake Avenue, Los Angeles, CA 90033
Edmund D. Edelman Children's Court (Dependency) 201 Center Plaza Drive, Monterey Park, CA 91754
El Monte Courthouse 11234 East Valley Blvd., El Monte, CA 91731
Glendale Courthouse 600 East Broadway, Glendale, CA 91206
Hollywood Courthouse 5925 Hollywood Blvd., Los Angeles, CA 90028
Huntington Park Courthouse 6548 Miles Ave., Huntington Park, CA 90255
Inglewood Courthouse One Regent Street, Inglewood, CA 90301
Inglewood Juvenile Courthouse (Delinquency) 110 Regent Street, Inglewood, CA 90301
Long Beach Courthouse 415 West Ocean Blvd., Long Beach, CA 90802
Los Padrinos Juvenile Courthouse (Delinquency) 7281 East Quill Drive, Downey, CA 90242
Malibu Courthouse 23525 Civic Center Way, Malibu, CA 90265
Mental Health Courthouse 1150 North San Fernando Rd, Los Angeles, CA 90065
Metropolitan Courthouse 1945 South Hill Street, Los Angeles, CA 90007
Michael Antonovich Antelope Valley Courthouse 42011 4th Street West, Lancaster, CA 93534
Norwalk Courthouse 12720 Norwalk Blvd., Norwalk, CA 90650
Pasadena Courthouse 300 East Walnut Ave., Pasadena, CA 91101
Pomona Courthouse North 350 West Mission Blvd., Pomona, CA 91766
Pomona Courthouse South 400 Civic Center Plaza, Pomona, CA 91766
San Fernando Courthouse 900 Third Street, San Fernando, CA 91340
San Pedro Courthouse 505 South Center Street, San Pedro, CA 90731
Santa Clarita Courthouse 23747 West Valencia Blvd., Santa Clarita, CA 91355
Santa Monica Courthouse 1725 Main Street, Santa Monica, CA 90401
Stanley Mosk Courthouse 111 North Hill Street, Los Angeles, CA 90012
Stanley Mosk Courthouse 110 North Grand Ave., Los Angeles, CA 90012
Sylmar Juvenile Courthouse (Delinquency) 16350 Filbert Street, Sylmar, CA 91342
Torrance Courthouse 825 Maple Ave., Torrance, CA 90503
Van Nuys Courthouse East 6230 Sylmar Ave., Van Nuys, CA 91401
Van Nuys Courthouse West 14400 Erwin Street Mall, Van Nuys, CA 91401
West Covina Courthouse 1427 West Covina Parkway, West Covina, CA 91790
West Los Angeles Courthouse 1633 Purdue Ave., Los Angeles, CA 90025
Whittier Courthouse 7339 South Painter Ave., Whittier, CA 90602
Los Angeles County has a huge volume of criminal cases, but still manges to process expungement petitions (not a priority for any court) pretty well. Van Nuys is rather quick on misdemeanors; Airport Court and Metro are a lot slower. The County has over 40 Courts, and each is different. There are also several different prosecution agencies - the largest being the LA District Attorney, followed by the LA City Attorney. There are a number of other City Attorney Offices and all are unique in certain ways.
The expungement procedure can take from 8-20 weeks depending upon the Court, the complexity of the case, and how old the conviction is. Some delays can occur as this is a large county with limited resources dedicated to expungement processing.
Effective June 3, 2013, new misdemeanor and felony cases will no longer be filed at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse.
Effective June 3, 2013, pending misdemeanor and felony case filings at the Beverly Hills Courthouse, the Central Arraignment Courts (CAC), East Los Angeles Courthouse, Malibu Courthouse, Pomona Courthouse North and the Whittier Courthouse will be transferred to other courthouse locations.
We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.
Please give us a call to discuss your case and the specific facts of your matter; consultation is free. 800 495-2819.
Los Angeles County Courts:
Airport Courthouse 11701 S. La Cienega, Los Angeles, CA 90045
Alfred J. McCourtney Juvenile Justice Center 1040 W. Avenue J, Lancaster, CA 93534
Alhambra Courthouse 150 West Commonwealth, Alhambra, CA 91801
Bellflower Courthouse 10025 East Flower Street, Bellflower, CA 90706
Beverly Hills Courthouse 9355 Burton Way, Beverly Hills, CA 90210
Burbank Courthouse 300 East Olive, Burbank, CA 91502
Catalina Courthouse 215 Summer Avenue, Avalon, CA 90704
Central Arraignment Courts 429 Bauchet St., Los Angeles, CA 90012
Central Civil West Courthouse 600 South Commonwealth Ave., Los Angeles, CA 90005
Chatsworth Courthouse 9425 Penfield Ave., Chatsworth, CA 91311
Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street, Los Angeles, CA 90012
Compton Courthouse 200 West Compton Blvd., Compton, CA 90220
David V. Kenyon Juvenile Justice Center (Delinquency) 7625 South Central Avenue, Los Angeles, CA 90001
Downey Courthouse 7500 East Imperial Highway, Downey, CA 90242
East Los Angeles Courthouse 4848 E. Civic Center Way , Los Angeles, CA 90022
Eastlake Juvenile Court (Delinquency) 1601 Eastlake Avenue, Los Angeles, CA 90033
Edmund D. Edelman Children's Court (Dependency) 201 Center Plaza Drive, Monterey Park, CA 91754
El Monte Courthouse 11234 East Valley Blvd., El Monte, CA 91731
Glendale Courthouse 600 East Broadway, Glendale, CA 91206
Hollywood Courthouse 5925 Hollywood Blvd., Los Angeles, CA 90028
Huntington Park Courthouse 6548 Miles Ave., Huntington Park, CA 90255
Inglewood Courthouse One Regent Street, Inglewood, CA 90301
Inglewood Juvenile Courthouse (Delinquency) 110 Regent Street, Inglewood, CA 90301
Long Beach Courthouse 415 West Ocean Blvd., Long Beach, CA 90802
Los Padrinos Juvenile Courthouse (Delinquency) 7281 East Quill Drive, Downey, CA 90242
Malibu Courthouse 23525 Civic Center Way, Malibu, CA 90265
Mental Health Courthouse 1150 North San Fernando Rd, Los Angeles, CA 90065
Metropolitan Courthouse 1945 South Hill Street, Los Angeles, CA 90007
Michael Antonovich Antelope Valley Courthouse 42011 4th Street West, Lancaster, CA 93534
Norwalk Courthouse 12720 Norwalk Blvd., Norwalk, CA 90650
Pasadena Courthouse 300 East Walnut Ave., Pasadena, CA 91101
Pomona Courthouse North 350 West Mission Blvd., Pomona, CA 91766
Pomona Courthouse South 400 Civic Center Plaza, Pomona, CA 91766
San Fernando Courthouse 900 Third Street, San Fernando, CA 91340
San Pedro Courthouse 505 South Center Street, San Pedro, CA 90731
Santa Clarita Courthouse 23747 West Valencia Blvd., Santa Clarita, CA 91355
Santa Monica Courthouse 1725 Main Street, Santa Monica, CA 90401
Stanley Mosk Courthouse 111 North Hill Street, Los Angeles, CA 90012
Stanley Mosk Courthouse 110 North Grand Ave., Los Angeles, CA 90012
Sylmar Juvenile Courthouse (Delinquency) 16350 Filbert Street, Sylmar, CA 91342
Torrance Courthouse 825 Maple Ave., Torrance, CA 90503
Van Nuys Courthouse East 6230 Sylmar Ave., Van Nuys, CA 91401
Van Nuys Courthouse West 14400 Erwin Street Mall, Van Nuys, CA 91401
West Covina Courthouse 1427 West Covina Parkway, West Covina, CA 91790
West Los Angeles Courthouse 1633 Purdue Ave., Los Angeles, CA 90025
Whittier Courthouse 7339 South Painter Ave., Whittier, CA 90602
Tuesday, April 30, 2013
Early Termination of Probation in California
What exactly is probation? Probation generally comes in two types; formal probation, and informal probation.
California Penal Code section 1203.3 talks about probation and the inherent power that the court has to regulate a probationers conduct, or to modify or even end or terminate probation if it makes a finding that such an act is in the interest of justice.
Formal probation is generally given on felony cases. It is a more structured type of probation, and often requires the probationer to report either in person or through an electronic kiosk or post card type reporting on a monthly basis. The probationer is also subject to periodic drug testing as well as search and seizure terms at their home. Some misdemeanor cases result in formal probation although this is pretty unusual, usually limited to serious sex-related misdemeanors, or when the case is reduced to a misdemeanor as part of a plea bargain with the agreement that formal probation will attach as part of the plea.
Informal probation is also called "summary" or "court" probation. This type of probation is a much lower level of supervision, and the probationer does not even need to report to the probation department. They are given a set of terms and conditions of probation, such as paying a fine, attending an alcohol or anger management school, and a general term to "violate the law". This probation is regulated by the court, and generally speaking the only time an issue occurs is when there is a violation of that probation by failure to pay a fine, or perhaps a subsequent arrest during the term of the probation.
The court maintains ongoing power to modify probation during the term of Probation. We address that ongoing power of the court in a motion for early termination of probation. Certain types of cases such as DUIs, or domestic violence cases are more difficult to obtain early termination of probation on.
We have had about 75% of our motions granted; If your motion is denied, we re-file for expungement FOR NO ADDITIONAL LEGAL FEES at the end of probation.
We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.
We have been successful in our motions to end probation early in Courts all over California. This procedure can take about 5 to 6 weeks, depending upon the Court and the complexity of the case. Please call us to discuss the facts of your case.
California Law (§1203.3 of the Penal Code) allows a Motion to be filed to request a person released be from Probation early, and apply for expungement (§1203.4 PC) at the same time. Usually about half of the Probation Term should have been completed. This is a decision that is discretionary with the Judge, and may be opposed by the Prosecutor's office. It requires a formal written Motion and Court Hearing.
All conditions of Probation must be complete before the Motion to Terminate can be filed; that is, all fines, fees, restitution, classes, programs or community service need to be done before the Court will consider the case. Both misdemeanor and felony probationers can be granted an early termination. At the time probation is terminated, an expungement will be requested immediately and is usually granted during the same Court proceeding.
This procedure requires a seasoned Attorney; it is not a simple form, and requires creativity and court experience.
Fees are reasonable: $1250.00 (may be paid in two or three installments), and include the Motion for Early Termination, Petition for Expungement, Reduction to Misdemeanor (if applicable), all Court appearances, filing fees, Court costs, and research.
CALL US FOR A FREE CONSULTATION 800 495 2819 OR CLICK HERE
California Penal Code section 1203.3 talks about probation and the inherent power that the court has to regulate a probationers conduct, or to modify or even end or terminate probation if it makes a finding that such an act is in the interest of justice.
Formal probation is generally given on felony cases. It is a more structured type of probation, and often requires the probationer to report either in person or through an electronic kiosk or post card type reporting on a monthly basis. The probationer is also subject to periodic drug testing as well as search and seizure terms at their home. Some misdemeanor cases result in formal probation although this is pretty unusual, usually limited to serious sex-related misdemeanors, or when the case is reduced to a misdemeanor as part of a plea bargain with the agreement that formal probation will attach as part of the plea.
Informal probation is also called "summary" or "court" probation. This type of probation is a much lower level of supervision, and the probationer does not even need to report to the probation department. They are given a set of terms and conditions of probation, such as paying a fine, attending an alcohol or anger management school, and a general term to "violate the law". This probation is regulated by the court, and generally speaking the only time an issue occurs is when there is a violation of that probation by failure to pay a fine, or perhaps a subsequent arrest during the term of the probation.
The court maintains ongoing power to modify probation during the term of Probation. We address that ongoing power of the court in a motion for early termination of probation. Certain types of cases such as DUIs, or domestic violence cases are more difficult to obtain early termination of probation on.
We have had about 75% of our motions granted; If your motion is denied, we re-file for expungement FOR NO ADDITIONAL LEGAL FEES at the end of probation.
We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.
We have been successful in our motions to end probation early in Courts all over California. This procedure can take about 5 to 6 weeks, depending upon the Court and the complexity of the case. Please call us to discuss the facts of your case.
California Law (§1203.3 of the Penal Code) allows a Motion to be filed to request a person released be from Probation early, and apply for expungement (§1203.4 PC) at the same time. Usually about half of the Probation Term should have been completed. This is a decision that is discretionary with the Judge, and may be opposed by the Prosecutor's office. It requires a formal written Motion and Court Hearing.
All conditions of Probation must be complete before the Motion to Terminate can be filed; that is, all fines, fees, restitution, classes, programs or community service need to be done before the Court will consider the case. Both misdemeanor and felony probationers can be granted an early termination. At the time probation is terminated, an expungement will be requested immediately and is usually granted during the same Court proceeding.
This procedure requires a seasoned Attorney; it is not a simple form, and requires creativity and court experience.
Fees are reasonable: $1250.00 (may be paid in two or three installments), and include the Motion for Early Termination, Petition for Expungement, Reduction to Misdemeanor (if applicable), all Court appearances, filing fees, Court costs, and research.
CALL US FOR A FREE CONSULTATION 800 495 2819 OR CLICK HERE
Tuesday, April 2, 2013
Reduce a Felony Conviction to a Misdemeanor
California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. See, Meyer v. Superior Court, 247 Cal. App. 2D 133 (1966)
This is a decision that is discretionary with the Judge, see, People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 977; and may be opposed by the Prosecutor's office. It requires a Motion and Court Hearing on the merits of the request. This can be done at the same time an Expungement is requested. As the Judge has great discretion in this decision, it is crucial to present the Court with facts favorable to the reduction. Experienced legal counsel increases the chances of success.
The charge must be a "wobbler" (originally chargeable as a misdemeanor or felony) so not all felony cases can be reduced. Most 'white collar' type offenses are wobblers.
We have had about 95% of our motions to reduce granted. The conviction is then a misdemeanor "for all purposes" making licensing and employment opportunities MUCH better- you no longer have a felony record, and can honestly answer "no" to any question regarding a felony conviction.
This reduction can also mean potential restoration of firearms rights; see, People v. Gilbreth (2007) 156 Cal. App. 4th 53, 57-58.
We have successfully reduced felony convictions all over California. This procedure can take about 8 weeks to 12 weeks, depending upon the Court and the complexity of the case. Please call for a free consultation to determine if you are eligible for the reduction of your case. If your case involved a State Prison sentence, even if the prison sentence was suspended, you are not eligible to reduce the conviction status to misdemeanor.
Fees are reasonable: $750.00 to (may be paid in two installments), and include the Petition for Reduction to Misdemeanor, Expungement (if applicable), all Court appearances, filing fees and research.
If Reduction under 17(b) of the Penal Code is done at the same time as an Expungement (set aside and dismissal under Penal Code §1203.4), there is NO additional charge for the reduction proceeding.
Visit Our Website for more Information, or call 800 495 2819 for a free consultation.
Saturday, March 23, 2013
New Website is UP!
We have been online since 2003 with a site specifically for California Expungement law; Our Record-Clear.com site has been totally redesigned and has much new content, including videos, published cases and a new "Terminology" page.
Take a look and find out more about California's Expungement Law and our services.
Visit HERE
Wednesday, January 9, 2013
California Law Now Allows Expungement of Many Infractions
AB 2582, amending 1203.4 of the California Penal Code and effective January 2011, allows certain NON TRAFFIC infractions to be expunged. Up until this time, only felonies and misdemeanors were eligible to be expunged.
Certain California infractions can now be expunged. This will be very helpful to those convicted of infractions such as disturbing the peace, trespass, or petty theft under Penal Code 490.1.
An infraction is a minor offense that can only be punished with a fine.
We can expunge your California Infraction conviction by withdrawing your plea and having the case dismissed in most circumstances. The law is complex in certain areas, but expungement is something that SHOULD be done by everyone with an Infraction conviction record.
We only do Expungement Law; Record Clearing is our only practice, not a "sideline" to a general law practice. Our fees are competitive and include all Court fees, legal work and service of the petition for expungement on all parties, as well as court appearances. You will not need to appear in Court in most cases. We may not be the 'cheapest' price, but we do things right. Be cautious of non-attorney expungement sites.
California Infraction Expungement usually takes 6-12 weeks, and our fees are from $495 to $550 depending upon the court. Infractions that occurred years ago can now be expunged due to the change in Penal Code 1203.4 allowing such Infraction Expungements.
Please call us for free telephone consultation at or visit our website: Record-Clear.com.
Subscribe to:
Posts (Atom)