CLEARING YOUR RECORD / EXPUNGEMENTS

Today, employers and licensing agencies are looking more closely than ever at an applicant’s criminal history before offering the person a job or approving them for a contractor’s, nursing, or pilot’s license.  Many people contact us and ask about clearing or sealing their criminal records.  This is a step most often taken after they have completed probation or parole. 

There is no single answer to the question, “What do I have to do to expunge my old conviction?”  There are different types of relief available, and not every type applies to every person.  The circumstances of a person’s arrest, conviction, and sentence guide the criminal defense attorneys at Connally & Gardner in advising you how to clear your record.

Expungement

“Expungement” is a term used too often and too loosely, both by attorneys and in the California Penal Code.  It does not mean what a dictionary definition suggests – that expunging a conviction erases or deletes it from your criminal history and no one will ever see it again.  As you read on, you will see what expungement does and does not do for you.

 The good news is that sometimes, by law, the court must grant your request for expungement.  In some cases, the process is very simple and straightforward.  In San Bernardino County, for example, it can take as little as three to four weeks.  In general, expungement is available to people in one of three scenarios:  (1) those with a misdemeanor conviction over a year old who were not put on probation; (2) people with a misdemeanor conviction who were put on probation and successfully completed it; and (3) people with a felony conviction who were never sentenced to state prison and successfully completed probation.  In the last category (felony conviction), there are exceptions to eligibility for expungement.  For example, most sex crime convictions cannot be expunged.  These people are left only with seeking a Governor’s Pardon (see below).

When a conviction is “expunged” within the meaning of California law, you gain certain protections against having to reveal the original conviction on an employment application.  Specifically, it is unlawful for an employer to seek information about an applicant’s expunged misdemeanor conviction.  But there are many limitations to expungement also.  Most importantly, it does not eliminate all evidence of a conviction from your record.  Someone checking your criminal history will see the complete genesis of your case – arrest, charges filed, the conviction(s), and the expungement.  Some of the other limits to expungement are:  (1) the conviction can be used against you in some later prosecution for a new offense; (2) if you had to register as a sex offender, that requirement is not automatically removed; and (3) restrictions on driving privileges and/or firearm possession remain in force.

Certificate of Rehabilitation & Governor’s Pardon

If your conviction was for a felony and there was a state prison sentence imposed, this is the option you will use to clear your record and have your civil and political rights restored. The process for obtaining a Certificate of Rehabilitation starts with completing a comprehensive questionnaire or petition.  That paperwork is filed with the superior court in the county in which you now live.  Other people must also receive a copy of the petition, and the criminal defense attorneys at Connally & Gardner can help you complete and submit your paperwork for consideration.

There are residency requirements that must be met before the petition can be filed.  After filing, an investigation is conducted by the District Attorney’s Office.  That investigation delves into your past and present, and is meant to determine if you live an honest, productive life as a moral and law-abiding citizen. 

The results of the investigation are presented to the court.  With the assistance of the criminal defense attorneys at Connally & Gardner, you will have your petition heard before the court.  If the court grants your Certificate of Rehabilitation, that serves both as an order declaring that you are rehabilitated, and as a recommendation to the Governor to grant a full pardon.

For some people, such as those convicted of sex crimes for which they must register as sex offenders, the only option for clearing their records is to seek a Pardon.

Sealing and Destruction of Arrest Record 

In very rare instances, you can have an arrest record sealed and destroyed.  This can only occur in the event that you were arrested, no complaint (criminal charges) was ever filed against you by the District Attorney’s Office, and either the arresting law enforcement agency or a judge finds that there was no justifiable reason (called “probable cause”) to support your arrest.    The criminal defense attorneys at Connally & Gardner have had some success with this type of relief, but it is only under very atypical circumstances that a person’s situation meets the narrow parameters of the statutes that allow for it.

Sealing a Juvenile Record                  

Both the Penal Code and the Welfare & Institutions Code contain provisions for sealing and (often) destroying a minor’s record of juvenile court adjudication.  Most records can be sealed.  There are exceptions for some drug, sex, and vehicle code offenses.  In addition, a minor who is of a certain age and committed one of a series of serious/violent crimes, or committed multiple offenses, may not be able to seal the records.  The experienced juvenile attorneys at the Inland Empire criminal defense firm of Connally & Gardner can discuss the options for you or for your minor child.           

With Donna Connally or Marcie Gardner, you get an attorney who is aggressive, creative, and informed.

Contact us to schedule a free initial consultation so that we can meet in person. If you need an attorney for a friend or family member who is in jail, we will also make a free jail visit so that s/he can meet us.

We accept payment by cash, check, or credit card (Visa, MC, Am Ex). Convenient weekend and after-hours appointments can be arranged.

(909) 635-2028
or
contact Donna and Marcie via email

DISCLAIMER

The legal information presented at this web site is for informational purposes only.  It should not be construed as legal advice.  You should contact a criminal attorney to consult about your particular case.  Any results set forth at this site do not represent a guarantee, warranty, or prediction regarding your legal situation.  A confidential relationship is not created simply by you sending unsolicited information to us by electronic mail. Furthermore, information you send may not be viewed as confidential, so you should be careful not to send confidential information about the facts of your case. The criminal lawyers at Connally & Gardner are licensed to practice law in the state of California, and this web site is not intended to solicit clients for matters outside the state.