Cleaning Prior Records

Expungments under Cal. Penal Code Section 1203.4

Proposition 47 Resentencing

Sealing of Records

Expungements

California Penal Code Section 1203.4 gives defendants a second chance through expungement of records. An invidiual previously convicted, or who has pled guilty (or no contest), can petition the court to have the accusations dismissed and be released from “all penalties and disabilities” resulting from that offense. As of January 1 2018, a new law in California prohibits employers from asking about a criminal history until a conditional offer of employment is made. Although the employer cannot deny an offer of employment solely because of a conviction, that criminal history may be considered on an individiual basis and serve as a reason to revoke the offer of employment. An Expungement of a record has many benefits. For example, California law generally prohibits potential employers from asking about or considerting a criminal conviction that has been expunged. Once a criminal record has been dismissed, it generally does not need to be disclosed even when a conditional offer of employment is made. It should be noted that even when expunged, some stringent background checks will still show a prior conviction even if it has been expunged. Here are some of the benefits of an expungment: Potential employers are now prohibited from considering prior misdemeanor and felony convictions that have been dismissed by a judge even when a conditional offer of employment has been made. State agencies issuing and overseeing professional licensing may treat an applicant more favorably when applying for a new license or defending an existing professional license. A judicial dismissal is an official acknowledgement that a person has been rehabilitiated from the offenses expunged. In some cases, a person may also be eligible for a Governor’s Pardon, which allows a person’s rights to own or possess a firearm to be reinstated. Depending on the type of background check done, convictions that have been expunged will be removed. Most background checks done for residential rental applications, credit checks, financial aid and other similar applications will include these types of background checks. Background checks requiring more stringent reporting, such as fingerprinting, will still include a prior criminal history but will indicate that the charges were expunged and cannot be considered in offers of employment. Dismissal of a prior conviction also gives you a new personal new beginning. Cleaning your record helps you present yourself with honesty in social circles and professional networks and make a statement with confidence that your past is not who you are today.

Proposition 47 Resentencing

Proposition 47, passed by California voters in 2014, reduced the penalties for some theft and drug crimes by making them misdemeanors as opposed to felonies or “wobblers” (which are crimes that the District Attorney may charge either as a felony or as a misdemeanor). A person must meet certain requirements before he/she can qualify for a resentencing under Proposition 47. However, the maximum penalties for those who qualify are 1) six months to one year in jail; and/or 2) a fine of up to $1,000. Receiving a resentencing under Proposition 47 may mean earlier release, immediate release and/or a shorter time until eligibility for an expungement. What crimes may qualify for Proposition 47 resentencing? Theft crimes where the value of the stolen property or damages are $950 or less and include: o Grand Theft Auto o Grand Theft Firearm o Receiving Stolen Property o Check Fraud (forgery) o Shoplifting o Bad Check Writing (Cal. Pen. Code Section 476(a)) Drug crimes where mere possession of the following is against the law: o Controlled substances, which include narcotics, illegal drugs, and certain prescription drugs (e.g., Vicodin, Oxycontin, o Cannabis (marijuana) if not within allowable regulations under Section 11357 o Methamphetamines and other stimulants under Section 11377 If you believe you may qualify for Proposition 47 resentencing, or you are just not sure whether you do, please contact our office for a FREE CONSULTATION . Successfully appealing your conviction under Proposition 47 requires a thorough understanding of the law, analysis of your facts and review of prior criminal history.

Sealing of Records

California Penal Code Section 851.87 provides individuals who have successfully completed a pre-filing diversion program to have their record of arrest sealed. Upon granting of the petition to seal records, a person may answer “no” to a question related to the arrest for that charge (except with respect to applications to be a peace officer). Although the sealed records remain accessible to criminal justice agencies, it provides an individuals an opportunity to avoid having to answer questions related to those arrests in the positive on job, school, financial aid, licensing and other similar applications.
Case Results…  People v. J.K. (2017): Client had a prior conviction for possession of controlled substance for sale from nearly 20 years ago. Client has been successful in establishing a career, owning a business and having a family. Mr. Sabado was able to get a Certificate of Rehabilitation and Governor’s Pardon, thereby restoring all of his civil rights.   People v. J.C. (2013): Client had a conviction for felony assault with a deadly weapon. Client was an electrician journeyman and hoped to get a state contractor’s license. Mr. Sabado got the conviction dismissed pursuant to 1203.4 (expunged) so that Client could receive his license.
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RANCHO CUCAMONGA OFFICE 9431 HAVEN AVE., STE. 100 RANCHO CUCAMONGA, CA 91730
CLAREMONT OFFICE 445 W. Foothill Blvd., Ste. 102 CLAREMONT, CA 91711
CONTACT US EMAIL US TEL.: 909.626.2003 FAX: 909.626.5408

Cleaning Prior Records

Expungments under Cal. Penal Code

Section 1203.4

Proposition 47 Resentencing

Sealing of Records

Expungements

California Penal Code Section 1203.4 gives defendants a second chance through expungement of records. An invidiual previously convicted, or who has pled guilty (or no contest), can petition the court to have the accusations dismissed and be released from “all penalties and disabilities” resulting from that offense. As of January 1 2018, a new law in California prohibits employers from asking about a criminal history until a conditional offer of employment is made. Although the employer cannot deny an offer of employment solely because of a conviction, that criminal history may be considered on an individiual basis and serve as a reason to revoke the offer of employment. An Expungement of a record has many benefits. For example, California law generally prohibits potential employers from asking about or considerting a criminal conviction that has been expunged. Once a criminal record has been dismissed, it generally does not need to be disclosed even when a conditional offer of employment is made. It should be noted that even when expunged, some stringent background checks will still show a prior conviction even if it has been expunged. Here are some of the benefits of an expungment: Potential employers are now prohibited from considering prior misdemeanor and felony convictions that have been dismissed by a judge even when a conditional offer of employment has been made. State agencies issuing and overseeing professional licensing may treat an applicant more favorably when applying for a new license or defending an existing professional license. A judicial dismissal is an official acknowledgement that a person has been rehabilitiated from the offenses expunged. In some cases, a person may also be eligible for a Governor’s Pardon, which allows a person’s rights to own or possess a firearm to be reinstated. Depending on the type of background check done, convictions that have been expunged will be removed. Most background checks done for residential rental applications, credit checks, financial aid and other similar applications will include these types of background checks. Background checks requiring more stringent reporting, such as fingerprinting, will still include a prior criminal history but will indicate that the charges were expunged and cannot be considered in offers of employment. Dismissal of a prior conviction also gives you a new personal new beginning. Cleaning your record helps you present yourself with honesty in social circles and professional networks and make a statement with confidence that your past is not who you are today.

Proposition 47 Resentencing

Proposition 47, passed by California voters in 2014, reduced the penalties for some theft and drug crimes by making them misdemeanors as opposed to felonies or “wobblers” (which are crimes that the District Attorney may charge either as a felony or as a misdemeanor). A person must meet certain requirements before he/she can qualify for a resentencing under Proposition 47. However, the maximum penalties for those who qualify are 1) six months to one year in jail; and/or 2) a fine of up to $1,000. Receiving a resentencing under Proposition 47 may mean earlier release, immediate release and/or a shorter time until eligibility for an expungement. What crimes may qualify for Proposition 47 resentencing? Theft crimes where the value of the stolen property or damages are $950 or less and include: o Grand Theft Auto o Grand Theft Firearm o Receiving Stolen Property o Check Fraud (forgery) o Shoplifting o Bad Check Writing (Cal. Pen. Code Section 476(a)) Drug crimes where mere possession of the following is against the law: o Controlled substances, which include narcotics, illegal drugs, and certain prescription drugs (e.g., Vicodin, Oxycontin, etc.) o Cannabis (marijuana) if not within allowable regulations under Section 11357 o Methamphetamines and other stimulants under Section 11377 If you believe you may qualify for Proposition 47 resentencing, or you are just not sure whether you do, please contact our office for a FREE CONSULTATION . Successfully appealing your conviction under Proposition 47 requires a thorough understanding of the law, analysis of your facts and review of prior criminal history.

Sealing of Records

California Penal Code Section 851.87 provides individuals who have successfully completed a pre-filing diversion program to have their record of arrest sealed. Upon granting of the petition to seal records, a person may answer “no” to a question related to the arrest for that charge (except with respect to applications to be a peace officer). Although the sealed records remain accessible to criminal justice agencies, it provides an individuals an opportunity to avoid having to answer questions related to those arrests in the positive on job, school, financial aid, licensing and other similar applications.

Contact Us

909.626.2003 678 S. Indian Hill Blvd., Ste. 210, Claremont, CA 91711 1109 W. San Bernardino Rd., Ste. 250, Covina, CA 91722 30 N. Raymond Ave., Ste. 705, Pasadena, CA 91107 Assistant@sabadolaw.com http://www.sabadolaw.com