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Previously, courts generally automatically denied expungement in a case where a probation violation occurred. However, since People v. McLernon, 174 Cal. App. 4Th 569 (2009), courts must now consider all facts, including post probation conduct by a person seeking expungement: “Indeed, the amendm...

The short answer is "No", but...

California law generally prohibits employers of more than 5 employees from asking about your conviction history before making you a job offer. This type of law is also known as a “Ban the Box” law.

Marijuana Felonies now Misdemeanors: Petition for Re-Sentencing under Prop 64

Penalties for common drug and theft crimes in California will be reduced from potential felonies to misdemeanors, shortening the time some offenders spend behind bars. Crimes covered by the measure include drug possession and the following offenses when less than $950 is involved: shoplifting, ch...

Domestic Violence cases are common prosecutions in California Criminal Courts. If the police are called to a "domestic dispute" many agencies still follow a protocol that they must make an arrest, regardless of the wishes of the victim. Cases range from very serous injury to no injury at all, bu...

California Labor Code section 432.7 has, in the past, made individuals that were arrested but not convicted, or individuals that successfully completed diversion cases, immune in most circumstances from discrimination in employment, promotion, or termination based upon that event. This section di...

The law requires the Court as well as the California Department of Justice 'rap sheet' to purge and destroy certain Marijuana records two years after a conviction, but this is very often not done. Section 11361.5 of the California Health and Safety Code (hereinafter "H&S") allows a petition ...

Los Angeles Judges are very reasonable about granting expungement petitions even with probation violations, if the proper facts are submitted to the Court. They are well informed on the law and the rights of petitioners. They are excellent in granting reductions to misdemeanor status. Los Angele...

What exactly is probation? Probation generally comes in two types; formal probation, and informal probation. California Penal Code section 1203.3 talks about probation and the inherent power that the court has to regulate a probationers conduct, or to modify or even end or terminate probation if...

California Law (§17 of the Penal Code) allows a Motion to be filed to request a Felony conviction be reduced to a misdemeanor. This can be done at any time, even years after the conviction. See, Meyer v. Superior Court, 247 Cal. App. 2D 133 (1966)This is a decision that is discretionary with the ...

We have been online since 2003 with a site specifically for California Expungement law; Our Record-Clear.com site has been totally redesigned and has much new content, including videos, published cases and a new "Terminology" page.Take a look and find out more about California's Expungement Law ...

AB 2582, amending 1203.4 of the California Penal Code and effective January 2011, allows certain NON TRAFFIC infractions to be expunged.  Up until this time, only felonies and misdemeanors were eligible to be expunged. Certain California infractions can now be expunged. This will be very helpful...

Like so many questions involving the practice of law, the answer is "it depends" Several factors impact the length of time an expungement takes to go through the court system. Some of these factors are: the length of time between the conviction and the filing of the expungement; whether or not t...

(See our YouTube Video HERE Visit our WEBSITE) DUI convictions are one of the most common criminal offenses in California. Violation of 23152 or 23153 of the California Vehicle Code can result in conviction, fine, alcohol school and custody time.  Such a conviction can have long lasting repercus...

No. An expungement changes and updates the disposition of the case to reflect a dismissal under 1203.4 of the Penal Code. This means the Court file, the California Department of Justice, and the FBI update their files to show a new plea of not guilty has been entered and the case has been ordere...

In California, there are three (3) types of criminal offenses; they are defined as follows: Infraction: An infraction is a minor offense such as petty theft under $50 (490 PC), and can only be punished with a fine. Certain non traffic infractions can now be expunged. Misdemeanor: A misdemeano...

A California expungement is a legal process that petitions the Court to review a conviction to determine: If probation was successfully completed, or, if no probation was granted, a year has passed since the conviction; That all fines, restitution and reimbursement ordered by the court has bee...

California Law (Penal Code § 1203.4) allows you to clear your criminal conviction by withdrawing your plea and having the case dismissed; other types of remedies such as sealing of diversion or juvenile records, early termination of probation, DUI expungement, or reduction of a felony conviction ...