For California juvenile cases, go to Sealing Juvenile Records. Find out the details of your convictions. What was your date of conviction? What is the code name and section number you were convicted of violating? Was there a verdict or did you enter a plea? Depending on what you may want to ask the court to do, you may also need the following information: Were you ordered to serve any time on probation either formal or informal probation,?
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If so, for how long? Were you ordered to make any payments, such as restitution, as a part of your probation? Did you comply with all of the terms and conditions of probation? If you were sentenced to state prison, which one? If you were sentenced to state prison, on what date were you released? If you were released on parole, on what date did your parole end? Get a copy of the information on your criminal record. The information on your criminal record information can be obtained from a variety of sources, like: California State Dept.
They will have your criminal record information for the entire state of California. Make sure you follow the directions for requesting your criminal record carefully. You must sign your request for a fee waiver under penalty of perjury, and you must provide proof of your income. It may take several weeks for your record to arrive in the mail. The court papers you received at the time you were convicted.
The superior court where you were convicted. Keep in mind that they will only have information for convictions from that county and not other counties. Your lawyer, parole officer, or probation officer. Figuring out your options.
Expungement vs. Record Sealing
You were acquitted at trial. Request a dismissal of the conviction.
File a petition to have the conviction dismissed. Figuring out if you are eligible for a dismissal. When are you eligible for a dismissal? You are eligible for dismissal of a misdemeanor conviction, and the court will dismiss your conviction upon your request, if: You received probation for that conviction and: You successfully completed probation or obtained early release; You also have paid all restitution and other payments that were ordered as a term of probation; You are not currently serving another sentence or on probation for another offense; AND You are not currently charged with another offense.
You never received probation and: Your conviction was a misdemeanor or an infraction; It has been at least 1 year since the date you were convicted; You have complied fully with the sentence of the court; You are not currently serving another sentence; You are not currently charged with another offense; AND You have obeyed the law and lived an honest and upright life since the time of your conviction.
Expungement & Sealing Adult Criminal Records
You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if: You received probation but you did not get an early release, did not fulfill all the conditions of probation, or were convicted of any offense listed in Vehicle Code section a to e BUT: You have paid all restitution and other payments that were ordered as a term of probation; AND You are not currently charged with, on probation for, or serving a sentence for any other offense. You can show by clear and convincing evidence that your conviction was the result of your being a victim of human trafficking.
The court finds that it is in the interests of justice. You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if: You were a member of the United States military suffering from sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health problems as a result of your service, You were granted probation and are in substantial compliance with the conditions of probation. You have successfully participated in court-ordered treatment and services to address the sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health problems stemming from military service; You are not a danger to the health or safety of others; You have shown that the court-ordered education, treatment, or rehabilitation has been positive for you; and The court finds that it is in the interests of justice.
You are eligible for a dismissal and the court has the discretion choice to grant you that dismissal if: You were granted deferred entry of judgment; Your criminal charges were dismissed under Penal Code section There are court records showing how the case was resolved or you state under oath that the charges were dismissed after you completed the requirements for deferred entry of judgment. Convictions not eligible for dismissal If you were convicted of any of the following offenses, you are not eligible for a dismissal: Any misdemeanor within the provisions of Vehicle Code section Other situations.
Automatic destruction of marijuana-related arrest and conviction records Although personal use of marijuana up to If your case is dismissed, you may also apply to have your record sealed. If your case is dismissed, you may also apply to have your record sealed Sealing of eligible marijuana-related convictions If your conviction was dismissed under Proposition 64 after you completed your sentence, you may ask the court to seal your records.
Juvenile records See Sealing Juvenile Records for more information. Relief for victims of human trafficking Under Penal Code section What a dismissal will do. Once all your convictions have been dismissed, this is what you can expect: Applying for private employment : Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code section So when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged.
But it is a good idea to read Penal Code section You will not be allowed to own or possess a firearm until you would otherwise be able to do so. Your dismissed convictions can still be used to increase your punishment in future criminal cases. Your prior convictions can still affect your driving privileges. If you have been required to register as a sex offender as a result of a conviction, you have to make a different motion to the court in order to be relieved of this requirement.
A dismissal will not relieve you of your duty to register as a sex offender. If your conviction prohibited you from holding public office, you still cannot hold public office after that conviction is dismissed. File your petition with the court. Complete the petition If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the clerk of the superior court for the county where you were convicted and ask them for the following information: Have them send you as many copies of their form if they have one as you have convictions in that county.
If you are filing a petition under Penal Code sections 17 b , 17 d 2 , Ask if you need to submit additional photocopies of the petition and, if so, how many. Ask if their local rules of court require you to serve copies of your petition on the district attorney or probation department. Ask what the correct mailing address is for filing by mail.
File your petition If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail or deliver in person your filing materials to the clerk of the superior court for the county where you were convicted.
Expungement & Sealing Adult Criminal Records | keappdeskscorpodis.ga
Lawyer Marketing Lawyer Directory. Toggle navigation CriminalDefenseLawyer. Search Term. The Basics. Expunging or Sealing an Adult Criminal Record Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Pending Criminal Charges and A Criminal Record: Effect on Employment Learn how a pending criminal charge affects your record and how an employer may use it when making hiring or retention decisions.
Vacating a Criminal Conviction in California Certain defendants who entered no contest or guilty pleas, and who have completed their sentences, may apply to the court to vacate their convictions if they can show that they did not understand the immigration consequences of their pleas, or evidence exists of actual innocence. Federal Convictions. Sealing a Federal Adult Criminal Record If you were convicted in federal district court of a federal offense, in theory you may appeal to a federal district court judge to expunge your record. Presidential Clemency: Pardons, Commutations, and Reprieves The United States Constitution gives the President of the United States the power of executive clemency, which includes the ability to pardon a person convicted of a federal offense.
Commonly Asked Questions. More Legal Topics. Arraignments Suspect to Defendant: Facing Charges. These situations are described below. Your first order of business is to find out whether your record qualifies for expungement.
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A few states rarely allow expungement of accurate arrest or conviction records, but most states have procedures that depend on the following factors:. If your criminal record is eligible for expungement, you might not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.
That said, you must usually pay a fee at the time you file your paperwork with the court. In more complex situations, you will need the assistance of a qualified criminal law attorney. Although expunging your record will have many advantages, understand that it will not completely erase the event from the face of the earth.
Your conviction will come to light and can be used against you in the following circumstances and ways:. Each state has its own rules regarding record sealing, specifying which convictions qualify, which defendants may apply, and the circumstances in which even sealed records may be accessed when applying for certain jobs, for instance. In general, relatively low-level criminal offenses qualify, as do first-time offenders; and an absence of subsequent criminal activity is frequently a requirement.
Many states also allow expungement of arrests and court proceedings in which the defendant prevailed. See the article for your state, below, for the details.
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