The Record Mitigation and Community Reintegration Clinic provides legal services to help individuals clear their criminal records through expungement and other post-conviction remedies, aiming to improve economic stability and reduce recidivism.
Services include expungement, felony reductions, early probation termination, certificates of rehabilitation, record sealing, and sex-offender registry removal.
Expungement
An “expungement” is a dismissal of a criminal case following the completion of probation or a custodial sentence. Essentially, it is a court designation that your criminal conviction has been subsequently dismissed. It will result in a notation on your "RAP sheet" that your conviction has been dismissed.
It will allow you on most job applications to state that you were not convicted of a crime. If, however, you are applying for a government job or a job that requires a government-issued license, certificate or permit, a job working with the State Lottery, or a job which involves a security clearance, the conviction will be discovered.
In such cases it is advised that you should disclose the conviction and its expungement; in fact, as a practical matter, in the Internet era it may be impossible to remove all available data concerning criminal charges and it may be best to disclose everything and note that the conviction was set aside and it is now legally permissible to make no disclosure at all, and you are doing so in the interests of candor and full disclosure.
There are certain offenses that cannot be expunged such as an offense that resulted in a prison commitment, certain Vehicle Code violations, sex offenses and dismissed cases.In addition, an expungement will not:
​
-
It will not erase a conviction from your "rap sheet"It will not reinstate your right to possess a firearm (reduction to a misdemeanor may restore some rights under California law, but federal law probably effects a lifetime prohibition for firearm(s) possession)
-
It will not allow you to stop registering as a sex offender if your conviction required you to register as a sex offender
-
It will not seal or otherwise remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file. The exception being that probation reports are in confidential files and are not subject to public inspection 60 days after sentencing
-
It will not prevent the conviction from being used as a "prior" to increase punishment in case of a subsequent conviction
-
It will not allow you to omit the conviction from applications for government issued licenses
-
It will not prevent a conviction from being used by Immigration officials for removal and exclusion purposes
​
Important Disclaimer: This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.
Reduction of a Felony to a Misdemeanor
Certain types of felonies can be reduced to misdemeanors. A reduction from a felony to a misdemeanor prevents the prosecution from using the felony in a later arising event requiring a felony conviction, such as a felon-in-possession of a firearm offense.
​
You can request that a felony be reduced to a misdemeanor while on probation, after probation has expired, or after an expungement has occurred.
However, if the conviction was a strike under the Three Strikes Law, it will remain a strike unless the reduction to a misdemeanor occurred at the time of the initial sentencing. Also, the federal government can still consider the conviction a felony for purposes of its federal gun statutes.
​
Important Disclaimer:
This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.
Early Termination of Probation
If you are on probation, you can petition the court to have your probation terminated early.
​
Per California Penal Code § 1203.3 — “The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person held.”
​
Practically speaking, this means that you must have fulfilled all the terms and conditions of your probation with no violations, completed any program requirements (i.e., DUI education classes, domestic violence classes, parenting classes, etc.), and have a very good reason for probation to be terminated early. Ideally, you will have also completed a substantial period (at least half) of the probation time.
​
Examples of "good cause" may include written proof that:
​
-
· An employer is denying you a job due to you actively being on probation
-
· An employer has given you a termination notice
-
· The military will not accept you while on probation
-
· A professional licensing agency is denying you a license for work (i.e., nursing, contracting, etc.)
​
Important Disclaimer:
This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.
Record Sealing
Seal an adult or juvenile arrest record
If you were arrested but not convicted of a crime, Penal Code section 851.91 now allows adults to petition the court to have their misdemeanor and felony arrest records and related court records sealed.
​
You may be eligible to seal your adult record if:
​
-
You were arrested, but the prosecutor never filed criminal charges within the time they were required to file charges
-
You were charged with a crime, but the entire case was dismissed in court and the case cannot be refiled; or
-
You were found not guilty of all charges; or
-
You were convicted, but your conviction was overturned on appeal and the case cannot be refiled
​
You are not eligible if:
​
-
You were convicted (either by a “no contest” or “guilty” plea or by a trial verdict); or
-
You could still be charged because the prosecutor still has time to decide to file charges against you; or
-
You intentionally evaded law enforcement efforts to prosecute you
​
The amount of time the prosecutor has to file charges is called the statute of limitations. The statute of limitations differs from crime to crime.
Below are the general rules on the statute of limitations but be aware there are MANY EXCEPTIONS to these general rules:
​​
-
Misdemeanors — Generally, prosecutors must file charges for most, but not all, misdemeanor cases within one year from the date of the offense
-
Felonies — For felonies, the statute of limitations often depends on the maximum punishment for the charge. Prosecutors must generally file felony cases within three years if the maximum punishment for the charge is less than eight years. Prosecutors must generally file charges within six years if the maximum punishment for the charge is eight or more years. Some felony crimes do not have any statute of limitations, meaning prosecutors can file at any time.
​
An Order to seal your arrest and related court records will:
​
-
Hide the arrest from the public, making it so the public will no longer be able to see you were arrested;
-
Order the sealing of your arrest records, police reports, and any related court records;
-
Order that the sealed arrest records, police reports, and any related court records not be disclosed to anyone except for criminal justice agencies; and
-
Deem the arrest to never to have occurred. Meaning, when asked, you can honestly state you’ve never been arrested for the crime EXCEPT if asked directly on an application for:
-
Public office; or
-
Employment as a peace officer; or
-
A license by any state or local agency; or
-
Contracting with the California State Lottery Commission
​
An Order to seal your arrest and related court records will not:
​
-
Stop a prosecutor from using the information against you in court if you get in trouble in the future
-
Keep the records from being viewed and used by any criminal justice agency including any court, peace officer, prosecutor, probation or parole officer or correctional officer in the same way allowed if the records had not been sealed
-
Restore gun rights
-
Let you deny the arrest if specifically asked about arrests on an application for:
-
Public office
-
Employment as a peace officer
-
A license by any state or local agency
-
Contracting with the California State Lottery Commission
​
After an Order to seal your records has been issued, the court must send the paperwork sealing your arrest record to the law enforcement agencies and the Department of Justice within 30 days of making the order. Some agencies may take longer than others to seal the record once they receive the paperwork.
About ninety days after the judge signs the order, you may want to order a copy of your Department of Justice (DOJ) Criminal History Report (also known as a “RAP sheet”) to make sure it has been corrected. For instructions on how to request a copy of your RAP sheet, click on the following link https://oag.ca.gov/fingerprints/record-review.
To seal your juvenile record:
If you were ever arrested or adjudicated for a juvenile offense, you may be eligible to seal the arrest and/or court records related to that offense. If you had contact with law enforcement prior to age 18, there may be records that are eligible for sealing. If you believe you might have records related to a juvenile offense, please contact the Office of the Public Defender at (530) 666-8165 and ask to speak to an attorney in the Adolescent Defense Unit in regards to sealing a juvenile record.
Important Disclaimer:
This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.
Certification of Rehabilitation
A Certificate of Rehabilitation is a legal action to restore a person’s civil rights. Basically speaking, when the court grants a Certificate of Rehabilitation, they are issuing a court order declaring that a person has been "rehabilitated". When a petition for a Certificate of Rehabilitation is granted, it acts as an automatic application to the Governor for a Pardon and is deemed a recommendation that the Governor grant the pardon. A person twice convicted of felonies must also have the recommendation of the California Supreme Court.
​
A Certificate of Rehabilitation is available for most felony convictions and for some misdemeanor sex offenses specified in Penal Code section 290. Most individuals that seek this relief have had prison sentences. A Certificate of Rehabilitation is not available for misdemeanor offenses outside of those specified in Penal Code section 290, including felonies that were subsequently reduced to misdemeanors per Penal Code section 17(b).
To be eligible for a certificate of rehabilitation, you must not have been re-incarcerated for any reason since your release on probation or parole, you must satisfy certain California residency requirements, and you must satisfy an additional "period of rehabilitation" or waiting period.
​
A certificate of rehabilitation may be filed with the Superior Court in the county where you reside or where your conviction occurred.
​
To be eligible for a Certificate of Rehabilitation:
-
· You must have been convicted of a felony or a misdemeanor sex offense; and
-
· You must have resided in California for at least 5 years before filing the petition; and
-
· You must have completed a "period of rehabilitation" (ranging from 7 to 10 years depending on the conviction offense(s))
-
· Additionally, if you were placed on probation, you must first have had the conviction expunged
A Certificate of Rehabilitation does not:
-
· Seal your record
-
· Allow you to deny the conviction in response to questions on employment applications or for State licensure
-
· Restore your right to own or possess a firearm
-
· Apply to all offenses — If your conviction was for a violation of Penal Code § 269, 286(c), 287(c), 288, 288.5, 288.7, 289(j), 288a(c) or if you are serving a mandatory life parole or are serving in the military, you may not petition for a Certificate of Rehabilitation.
If you were convicted of a misdemeanor not delineated in Penal Code section 290 or if you cannot establish the 5-year residency requirement, you can pursue a Governor's Pardon directly. The Records Mitigation and Community Reintegration Clinic does not assist with filing direct pardon applications. Any questions regarding a direct Governor's Pardon should be directed to the Governor's website.
​
Important Disclaimer:
This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.
PENAL CODE 290 REGISTRATION RELIEF
WHAT IS PC § 290 REGISTRY RELIEF?
As of January 1, 2021, California now has a tier-based registration system for sexual crimes. The system has three tiers of offenses, each with its own mandated minimum registration period. Under the OLD system, EVERYONE had to register for life. Under the tiered system, some registrants NOW can file a petition and ask the court to allow them to STOP registering.
​
Generally, under the tiered system:
​
-
Tier 1 registrants must register for a minimum of 10 years
-
Tier 2 registrants must register for a minimum of 20 years, and
-
Tier 3 registrants are subject to lifetime registration
People who must register because of offenses committed while juveniles may have even shorter registration times.
​
​
HOW DO I FIND OUT MY TIER?
Beginning January 1, 2021, you can ask the law enforcement agency where you register to tell you your tier from the Department of Justice Records.
​
​
HOW DOES THIS IMPACT MY REGISTRATION REQUIREMENTS?
A registered sex offender can petition for removal from the sex offender registry when he/she has completed the required minimum registration period (as determined by the tier of his/her offense). Persons subject to lifetime registration must continue to register for life. The minimum registration period begins the date you are released from custody on the registerable offense.
​
If you are later convicted of failure to register, this will extend your minimum registration period. Time you spent in jail or prison for any offense (including probation or parole violations) after you were ordered to register does not count toward the minimum registration period. This process is called tolling.
​
If you have reached your minimum registration period and it hasn’t been extended because of later failure to register convictions or time in jail or prison, you may file a petition starting on or after your next birthday after July 1, 2021.
​
​
HOW DO I START THE PROCESS TO STOP REGISTERING?
You need to file a petition in court in the California county where you CURRENTLY register, and you must provide proof you are currently registered. You must then serve a copy of the petition on the law enforcement agency and the district attorney of both the county where you live and, if different, the county where the case for which you were ordered to register was prosecuted.
​
As with the sex offender registry, some offenders can also ask for removal from the California Megan’s Law website. This involves a different petition process.
​
​
CAN I STOP REGISTERING ONCE I HAVE REACHED MY MINIMUM REGISTRATION TIME PERIOD?
NO! You must first file a petition AND THEN have a judge say you no longer have to register before you can stop. Until a judge says you are no longer required to register, continue to register as required by PC § 290. The petitioning process could take up to 120-180 days.
​
​
WHAT HAPPENS AFTER I FILE MY PETITION?
Both law enforcement and the District Attorney may respond to your petition. The prosecution may argue that the court should not allow you to stop registering because you have not met your minimum registration period OR because they believe “community safety would be improved” if you have to keep registering. If the prosecution does not challenge your petition and you have met the requirements for relief, the court MUST grant your petition and you will no longer have to register. If the District Attorney does challenge the petition, there will be a hearing where the judge will decide whether to grant your petition.
​
​
THE PUBLIC DEFENDER RECORDS MITIGATION AND COMMUNITY REINTEGRATION CLINIC IS HERE TO HELP!
If you think you may qualify to stop registering:
​
-
DO NOT STOP REGISTERING!
-
Ask the law enforcement agency where you register to give you a Tier Notification Letter AND to provide you with PROOF of current registration.
-
CLICK HERE to fill out our record mitigation form today!
​
Important Disclaimer:
This page is intended for informational purposes only and a tool to assist you with mitigating your criminal record. We do not guarantee any results for any case and the information on this page is not intended nor should it be construed as legal advice. If you need legal advice, please consult an attorney or legal service.