If you have been unlucky enough to have one or more prior convictions you may want to clear your record.

Your reputation is one of your most important assets.  Many decent people lose employment opportunities because they did not bother to spend the money and time to clean up a prior criminal record and wipe the slate clean.

The destruction, dismissal, or sealing of a criminal conviction or an arrest record by California courts can be accomplished several ways.

Arrested but there was no conviction?

You can ask the court to declare you factually innocent, permitting the sealing and destruction of your arrest record. Then you will be able to tell licensing boards, future employers and others you do not have an arrest record.

Convicted but never served time?

If you have a felony or misdemeanor conviction but did not serve any time, you can ask that the charges be dismissed one year after the sentence was issued if you were never given probation.  If you were given probation, you must wait until you have successfully completed it, and then ask for the expungement.

You cannot dismiss certain sex crime convictions and Vehicle Code infractions in California.

Served time?

If you have served time, especially if you were convicted of specified sex crimes, you might qualify for a certificate of rehabilitation. This is a court document you can use with licensing boards and you can use it to avoid registration as a sex offender in some circumstances. Also, interestingly, this certificate automatically becomes a petition for a full pardon.

How to Clean Up Your Criminal Record

    All you need to know in three steps, plus
 

STEP NUMBER ONE

 
Before you can clean up your criminal record, you need to know what is on your criminal record, meaning you need to know the details of your conviction. This includes:

• Your case number (sometimes called docket number).
• Date of conviction, meaning the date of your plea. If the matter was tried, this means the date of the verdict.
• Code name or section number(s) of criminal charge(s).
• If you entered a plea, whether it was a guilty plea or a no contest plea (also known as nolo contendere).
• Were you on probation (formal and informal probation are treated the same)? If so, when did it end?
• Were you ordered to pay any fines or restitution?
• If you were sentenced to state prison, which one and on what date were you released?
• If you were on parole, when did your parole end?

 
Your criminal record is available from the Superior Court where you were convicted and from the California State Department of Justice (telephone number 916-227-3400).

STEP NUMBER TWO (A)  [if you did not go to state prison]

 With your record in hand, you can file petitions to have your conviction dismissed and your criminal record expunged.

 

• If you were convicted of a misdemeanor and are still on probation, you can request early release with a PC 1203.3 petition together with a PC 1203.4 petition asking for expungement.
• If were convicted of a misdemeanor and have completed probation, you can file a PC 1203.4 petition for expungement or, if there was no probation ordered, you can file a PC 1203.4(a) petition for expungement.
• If you were convicted of a felony and are still on probation, you can request early release from probation and file a petition to have your conviction reduced to a misdemeanor and dismissed, using PC 1203.3, PC 17(b), and PC 1203.4 petitions.
• If you were convicted of a felony and have finished probation, you can file a PC 17(b) petition to have the felony reduced and a PC 1203.4 petition to expunge the record.
• If you were convicted of a felony and were never given any probation at all but instead you were sentenced to county jail, you can file a PC 17(b) to get the felony reduced and a PC 1203.4(a) petition to expunge your record.

STEP NUMBER TWO (B) [if you did go to state prison]

 You are not eligible for a dismissal of the conviction or for an expungement of your criminal record.

You may, however, be eligible for a Certificate of Rehabilitation. The process is lengthy and the result is uncertain.

STEP NUMBER THREE

What can you do now that you have a dismissal and you have cleared your record?

When applying for employment, you can legally and ethically (if not exactly truthfully) state  that you have never been convicted (of this crime anyway).

 

Important exception: If you are applying for a government job (or if you are applying for a government license) you cannot pretend it never happened, as you can in the private sector. Instead, you must admit to the conviction, but of course you can also state that it was dismissed. If you are asked in writing to respond in writing, the proper wording is “YES—CONVICTION DISMISSED.”

PLUS

 A few last things to keep in mind:

• If you get in trouble again, the dismissal will not do you any good. The DA can, and likely will, ask the court to increase your punishment based on the conviction.
• Dismissed convictions may impact your driving record; the DMV ignores the California Superior Court when it comes to dismissals of convictions
• If you have been required to register as a sex offender, a dismissal does not relieve you of that requirement; however, your attorney can file a different motion asking the court to relieve you of registration.

For a free confidential consultation, contact the Law Offices of Douglas Slain online, or call toll-free 888-998-5558.