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Posts tagged "Expungement"

How Do I Clean Up My Criminal Record in California?

Anyone who has been convicted of a crime realizes that the punishment for the mistake that brought you into the criminal justice system continues to punish you long after you have served your sentence, completed your probation, served your custody, paid your fines and done your programs. It continues when you can't get the job you want or the vocational or professional license you have dreamed about or get denied for consideration for many other opportunities because of this conviction.

Expungements and Criminal Record Clean Up in Vista Courts

Expungements and criminal record clean up are important to your future.  In Vista Courts and throughout California, there are legal proceedures available to help clean up your criminal record.  These include expungements, reduction of felonies to misdemeanors, dismissals and reductions per prop 64, reductions per prop 47, and certificates of rehabilitation.  All of these things can greatly assist you in cleaning up your criminal record and in being more successful in the future.

Can you terminate probation early in Vista Courts?

You can terminate Probation early in Vista Courts.  It requires a motion to be filed stating the request for early termination and the reason.  Usually additional documentation is included with the motion supporting the early termination.   A court date is assigned about 3-4 weeks later, the District attorney is served a copy of the request for early termination and will respond agreeing or opposing the request.  At the hearing, a Judge will hear both sides and make the decision whether early termination is appropriate.

An Expungement in Vista Courts

An Expungement in Vista Courts is available to help clean up you record.  Most misdemeanors and many felonies are able to be dismissed for most purposes after conviction provided you meet the criteria of California Penal Code (PC) 1203.4 and 1203.4a.  This is a valuable remedy that should be taken advantage of by anyone if the conviction will in any way hinder their future.

How does an Expungement dismissal clean my record?

An Expungement dismissal in California is a way to clean your record for most cases where you received probation and did not get a prison commit.  There are a few types of charges which may not be expunged, however, most misdemeanors and felonies may be expunged.  An expungement is a request to the Court to set aside your conviction, withdraw your guilty plea, enter a "not guilty" and dismiss the case.  You cannot seal an adult record, but the database will indicate the charge was dismissed per California Penal Code (PC) 1203.4 or 1203.4(a), and it should not show up on most criminal background checks. Your DMV printout will still continue show any Vehicle Code violation but indicatedismissed per 1203.4. You can also expunge infractions.

Expungements save Jobs

An expungement can save jobs and allow your criminal case from being used in California to deny employment, terminate employment or deny promotion.  You cannot be asked about an expunged offense nor cannot it be sought after or used in anyway for employment.  There.are some exceptions like law enforcement employment.  See California Labor Code 432.7 for a full explanation.  The California expungement sections are Penal Code (PC) 1203.4 and 1203.4a and allow you to withdraw your guilty plea, enter a "not guilty" and dismiss the case for most purposes if you successfully completed probation on most felonies and misdemeanors.  You are not eligible if you had a prison commit on the case, but you may be eligible for a Certificate of Rehabilitation.

How do I clean up a criminal record?

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. 

Does an Expungement really clean up my criminal record?

An Expungement per California Penal Code (PC) 1203.4 really does clean up your record.  It allows you to withdraw your guilty plea and dismiss your case and the record will indicate case dismissed per PC 1203.4.  It also cannot be considered in most instances, if it is expunged, for employment purposes including hiring, promotion or termination per California Labor Code section 432.7.  Additionally, you cannot be asked to disclose an expunged offense nor can employer seek information concerning the conviction from any source.

How do Expungements and Certificates of Rehabilitation differ?

Expungements and Certificates of Rehabilitation in California differ in eligibility and what they avieve in cleaning up your criminal record.  You are eligible for an expungement on a most misdemeanors or felonies so long as you did not get a state prison commitment, that means that your sentence included probation on a felony with no more than county jail, or any sentence on a misdemeanor or infraction, with or without probation.  Certificates of Rehabilitation help clean up felony cases where an individual went to state prison and they can also can delete some misdemeanor P.C. 290 sex offense registration requirements.

Can an Expungement of a crime be used to deny employment?

An expungement of a criminal case in Vista Courts and throughout California, prevents an employer from using it in nearly every situation.  Effective this year, 1/1/2014, California Labor Code 432.7 states "no employer shall ask an applicant for employment to disclose" information concerning a case dismissed, diverted, sealed or expunged.  An employer cannot try to find information about those cases and cannot use those cases as a factor for hiring, promotion or termination.  An employer can ask about cases an applicant has pending.  There are some exceptions for use of expunged offenses for government agencies employing peace officers.