California Expungement Services

Posted by on Mar 15, 2017 in Questions and Answers | 0 comments

California expungement, record sealing, and other post-conviction relief proceedings can be complicated depending on the facts of the original case and if the District Attorney objects.

Expungement, which is often called a 1203.4 Dismissal, is a form of post-conviction relief that is initiated by the filing of a motion with the court that convicted the person. The motion asks the judge to reopen the case, review the content of the motion— as well as any evidence that is submitted, and take away the finding of guilt and dismiss the court case.

Expungement

If you received probation, you are most likely eligible for an expungement. This is true if your offense was a misdemeanor or a felony.  DUI convictions are also eligible for expungement.

Felony Expungement

As mentioned above, if you have a case that resulted in a felony conviction, for which you were sentenced to probation, the best option is usually an expungement. However, if the felony resulted in time served in state prison, expungement is not an option, but you could be eligible for a Certificate of Rehabilitation

Certificate of Rehabilitation

If the case was a felony that resulted in time being served in state prison, a Certificate of Rehabilitation, pursuant to Penal Code 4851, will likely be an option. Obtaining a Certificate of Rehabilitation will create an automatic application for a pardon from the governor, and open you up to potential professional licenses that were previously unavailable.

Felony Reduction

If you have a felony on your record, you could be able to get that case reduced to a misdemeanor on your record. Many felony cases that ended in probation can be reduced to misdemeanors pursuant to Penal Code section 17(B). Reducing a felony to a misdemeanor restores firearm rights that were lost because of that conviction.

Probation Termination

If a person is still on probation, it is possible to return to court and ask the judge to end the probation sentence. Once the probation is terminated, the person can usually request that the record be expunged.

Arrest Sealing

If you were arrested in California and the arrest did not result in a conviction or some form of diversion program, then your arrest is probably eligible for an arrest record sealing pursuant to Penal Code section 851.8. To get an arrest record sealed, the judge must find that “no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made.”

Additional Sealing Services

  • Drug diversion sealing is available if you were involved in a drug diversion program that was successfully completed.
  • Juvenile record sealing may be available if the record was from when you were under eighteen years old.
  • Juvenile set aside is available for many who were sentenced to and honorably discharged from the California Youth Authority (CYA).

If you need further assistance with this or any other legal issue, please call Attorney Linda Fessler at 213-446-6766 for a free consultation.

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