tag:blogger.com,1999:blog-90324636897144328782024-02-20T12:04:10.492-08:00California Expungement BlogQuestions and Answers Regarding Ways to Clear Criminal Records in California.Unknownnoreply@blogger.comBlogger22125tag:blogger.com,1999:blog-9032463689714432878.post-5557986377411934872019-10-03T11:29:00.002-07:002019-10-03T11:29:12.184-07:00If I Violated My Probation, Can I Get an Expungement?Previously, courts generally automatically denied expungement in a case where a probation violation occurred. However, since People v. McLernon, 174 Cal. App. 4Th 569 (2009), courts must now consider all facts, including post probation conduct by a person seeking expungement:
“Indeed, the amendment was requested by the attorney for a defendant who, after a probation violation, completed his Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-33523612873264210662019-06-28T13:29:00.000-07:002019-06-28T13:29:01.093-07:00Does CA Expungement Reinstate Firearms Rights?
The short answer is "No", but...
Firearms ownership and criminal convictions are intertwined, and complex. An expungement does not reinstate your firearms rights, and PC 1203.4 states: "... does not permit a person to own, possess, or have in his or her custody or control any firearm...".
HOWEVER, you must already be in a prohibited category- there is a lot of confusion regarding this languageUnknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-64977251301468010792019-06-09T15:10:00.002-07:002019-06-09T15:10:22.116-07:00
Ban the Box in California
Commonly called "Ban the Box" is the Fair Chance Act in California:
The Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers of more than 5 employees from asking about your conviction history before making you a job offer. This type of law is also known as a “Ban the Box” law.
The law generally prohibits Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-46823824777387195172016-12-14T08:19:00.000-08:002016-12-14T08:19:37.181-08:00Recreational Marijuana : Prop 64The voters passed Proposition 64 and recreational use, possession and transportation of certain amounts of marijuana is now mostly legal in California.
The law is extensive and complex, and involves licensing of marijuana "shops" and a taxation protocol; the law is many pages long.
Of particular interest to us, however, is the provisions in Prop 64 that allow for persons convicted of Marijuana Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-33691866044621187592014-11-11T12:23:00.002-08:002014-11-11T12:23:22.023-08:00Proposition 47 Passes- Many Felony cases now MisdemeanorsPenalties for common drug and theft crimes in California will be reduced from potential felonies to misdemeanors, shortening the time some offenders spend behind bars. Crimes covered by the measure include drug possession and the following offenses when less than $950 is involved: shoplifting, check and credit fraud, forgery, theft and possession of stolen property.
Prop 47 adds section 1170.18 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-37545360595678933752014-05-21T06:29:00.000-07:002014-05-21T06:29:30.105-07:00How Long Does a California Expungement Take?Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-63596197229980498812014-02-07T14:58:00.000-08:002014-02-07T14:58:35.366-08:00What is California Expungement?Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-22610843688577696872013-12-30T09:01:00.000-08:002013-12-30T11:26:56.821-08:00Expungement Law in California Gets BetterCalifornia 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 andUnknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-27570170687317046922013-11-30T13:11:00.001-08:002013-11-30T13:11:46.300-08:00Expunge California DUI Records - A Video GuideUnknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-59971030464827650072013-09-29T08:08:00.000-07:002013-09-29T08:08:00.948-07:00Many California Marijuana Records May Be SealedThe 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 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-17571970961403930062013-08-09T17:34:00.000-07:002013-08-09T17:34:14.494-07:00Expungement of Domestic Violence Cases in CaliforniaDomestic 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 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-2736888514491480182013-07-08T14:41:00.000-07:002013-07-08T14:41:11.926-07:00Los Angeles ExpungementLos 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 aUnknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-90241410127492915952013-04-30T08:50:00.000-07:002013-04-30T08:54:39.133-07:00Early 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 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-55134311255958303782013-04-02T09:03:00.001-07:002013-04-02T09:05:53.560-07:00Reduce a Felony Conviction to a MisdemeanorCalifornia 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 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-4363006010843049622013-03-23T08:22:00.000-07:002013-03-31T13:28:46.641-07:00New 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 HEREUnknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-24489001116391946282013-01-09T07:16:00.002-08:002013-01-09T07:16:41.535-08:00California 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 Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-19219085555596730692012-12-03T13:07:00.001-08:002012-12-15T14:58:24.084-08:00How long does a California Expungement take?
Like so many questions involving the
practice of law, the answer is "it depends"
Several factors impact the length of
time an expungement takes to go through the court system. Some of
these factors are: the length of time between the conviction and the
filing of the expungement; whether or not the case is in the current
computer system at the courthouse where the expungement needs to be
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-43732312582024756322012-11-15T06:47:00.001-08:002013-01-31T15:20:35.879-08:00DUI Expungement in California- Law Overview and Summary: (See our YouTube Video HERE Visit our WEBSITE)
DUI convictions are one of the most common criminal offenses in California. Violation of 23152 or 23153 of the California Vehicle Code can result in conviction, fine, alcohol school and custody time. Such a conviction can have long lasting repercussions in employment, and adversely impact quality of life. A DUI Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-54179800333598646042012-11-03T12:32:00.000-07:002012-11-15T06:48:54.483-08:00Does an Expungement erase all records and destroy the Court file?No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code.
This means the Court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordered dismissed and set aside by the Court.
It does not remove all records of the case, nor does it make Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-6204305548728409272012-10-24T08:29:00.001-07:002012-10-24T08:48:03.630-07:00What is the difference between an infraction, a misdemeanor, and a felony in California Law?
In California, there are three (3) types of criminal offenses; they are defined as follows:
Infraction: An infraction is a minor offense such as petty theft under $50 (490 PC), and can only be punished with a fine. Certain non traffic infractions can now be expunged.
Misdemeanor: A misdemeanor is a criminal offense that can be punished by up to one (1) year in jail, a fine of $1,000 or both. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-90211944860580484892012-10-21T15:21:00.005-07:002012-12-15T14:59:48.229-08:00What is an "Expungement" in California?
A California expungement is a legal process that petitions the Court to review a conviction to determine:
If probation was successfully completed, or, if no probation was granted, a year has passed since the conviction;
That all fines, restitution and reimbursement ordered by the court has been paid;
That the petitioner is not now on probation for another offense;
That the petitioner has no Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9032463689714432878.post-32185132506826382022012-10-21T15:15:00.000-07:002012-12-13T16:54:07.505-08:00California Expungement Law Overview:
California Law (Penal Code § 1203.4) allows you to clear your criminal conviction by withdrawing your plea and having the case dismissed; other types of remedies such as sealing of diversion or juvenile records, early termination of probation, DUI expungement, or reduction of a felony conviction to misdemeanor status are also available.
Background checks for employment, professional licensing, Unknownnoreply@blogger.com0