Legal Question in Criminal Law in California

Re: Clients need background check and expungement

If this is Orange or LA county, let me know.

Joe Dane

Re: Clients need background check and expungement

Your client can order his criminal history record via http://ag.ca.gov/fingerprints/security.php .

A misdemeanor conviction for which probation was completed can be "expunged" as a matter of right, Cal. Penal Code � 1203.4, however the so-called "expungement" doesn't apply to the use of the convictions as priors; for gun ownershp or registration purposes, at least in California; for job applications to public agencies, at least in California; for child and senior care licensing; and last but not least, commercial database companies such as Axciom and Choicepoint in all likelihood will continue to report the information.

A "wobbler," a crime that can be charged as either a felony or misdemeanor, and for which a felony conviction was entered but no state prison time was served, should be dealt with by moving to have the offense reduced to a misdemeanor and then "expunged."

A person convicted of a felony may apply, after five years after the end of parole, for a Certificate of Pardon and Rehabilitation.

Re: Clients need background check and expungement

A DOJ rap sheet should tell you what you need to know; CA reports all cases to DOJ. I can pull the actual court records as necessary for details. In CA. many convictions can be expunged by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if he completed all terms of probation, and if he has no new charges. Unfortunately for your client, expungement does not 'remove/clear' the records, it merely changes them to reflect 'conviction/withdrawal/retroactive dismissal' of charges. They still count as priors or 'strikes', and the expungement must be disclosed on any application for professional certificates or licenses, bonding, security clearance, etc. As to NJ gun permits, I assume he will have to disclose expungement on that, but the application itself and your state's laws will inform you whether it is or not. I can do his expungement from this end, if he qualifies. Contact me for details if you want to get it done, it is one of my 'gun rights' specialties.

Re: Clients need background check and expungement

A DOJ rap sheet should tell you what you need to know; CA reports all cases to DOJ. I can pull the actual court records as necessary for details. In CA. many convictions can be expunged by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and DV crimes, if he completed all terms of probation, and if he has no new charges. Unfortunately for your client, expungement does not 'remove/clear' the records, it merely changes them to reflect 'conviction/withdrawal/retroactive dismissal' of charges. They still count as priors or 'strikes', and the expungement must be disclosed on any application for professional certificates or licenses, bonding, security clearance, etc. As to NJ gun permits, I assume he will have to disclose expungement on that, but the application itself and your state's laws will inform you whether it is or not. I can do his expungement from this end, if he qualifies. Contact me for details if you want to get it done, it is one of my 'gun rights' specialties.