There are several options a person has to clean up a criminal record depending on the conviction charge and sentence. Different offenses have different options which include expungement per P.C. 1203.4, felony reduction to a misdemeanor per P.C. 17 (b) and P.C. 1170.18 (prop 47), certificate of rehabilitation and pardon per P.C. 4852.01.
The most common way to clean up a criminal record is expungement. Any misdemeanor and most felonies can be expunged if you got propbation. If you successfully complete probation, then you should get an expungement with the filing of papers, possible Court appearance and payment of fees. Some misdemeanors and felonies leave the granting of an expungement to the Court’s discretion regardless whether you violated probation at any time. There are also some convictions which cannot be expunged. An expunged offense also has protections under California Labor Code 432.7 preventing the convictions consideration in most employment situations.
California Penal Code 17(b) allows many felonies to be reduced to misdemeanors during or after probation depending on the case. This is extremely important as you will no longer have a felony record and it may restore gun rights. California Penal Code 1170.18 (prop 47) mandates misdemeanor charges in simple drug possession and theft related cases $950 or less that used to be felonies and allows for the reduction to misdemeanors of prior convictions for these previously non-reducible offenses.
Certificates of Rehabilitation are also pardon applications and can certify your rehabilitation and provide other benefits in cleaning up a criminal record if you went to prison and are not eligible for expungement or reduction. Additionally, some misdemeanor sex offenses can have sex registration deleted on some sex realted misdemeanors and felonies if there was no prison. Call Christoph Law Offices for a free consultation at 760-941-5720 for questions about your record. We are loacted across from Vista Courts have provided assisteance for more than 32 years to people who want to clean up there record.
