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How Can I Clean Up My Criminal Record? – PC 1203.4; PC 17b; PC 4852.01; PC 851.8

clean criminal recordIn today’s economy it’s hard enough to get a job without having to deal with a criminal record for past indiscretions. But it is even more difficult if you have a criminal record. Most employers are performing criminal background checks on applicants and asking applicants if they’ve ever been convicted of a crime. This means it is more vital than ever to have a clean record. But what can you do if you’ve already been convicted of a crime? Can you clean your record?

There are various ways an experienced criminal defense attorney may be able to help you clean your criminal record. We can meet with you now to discuss your case and find out what method best suits you. Here are a few ways how we may be able to help you clean your record:

Penal Code Section 17b

You may qualify to clean your record under California Penal Code Section 17b if you were convicted of a felony. However, that felony must be a wobbler offense. A wobbler offense is a crime that can be charged as either a felony or a misdemeanor. If prosecutors charged you with a felony and you were convicted of that felony, you may eligible to have your felony reduced to a misdemeanor under PC 17b.

While you will still have a misdemeanor crime on your criminal record, the negative effects of a felony will be gone and you will honestly be able to answer to potential employers that you have never been convicted of a felony.

Penal Code Section 1203.4

Penal Code Section 1203.4 applies if you were convicted of a crime but did not go to state prison. Again, this only applies for certain crimes. Under PC 1203.4, you will also have to wait until the conclusion of your probationary period to be eligible.

Your attorney will file a motion to have your conviction set aside. If granted, a not guilty plea will be entered for your past criminal case, and the case will be dismissed. This means you can say that you were never actually convicted of that crime.

Penal Code Section 4852, etc.

A Certificate of Rehabilitation may help you if you were convicted of a felony. Your attorney can petition the court for a Certificate of Rehabilitation. This certificate will not remove your conviction, but it will show that you have been rehabilitated in the time since your conviction, and that the court approves this. This typically means you have not committed any other crimes since being convicted and you have shown that you are now an upright citizen.

Penal Code Section 851.8

arrest record destroyedYour last option would be to seek the arrest record be sealed and destroyed. This typically applies if criminal charges against you were previously dismissed. You don’t have a conviction on your record, but you will have an arrest record. Under PC 851.8, that arrest record will be sealed and destroyed, as if your arrest never happened.

In this case, you will have to ask your attorney to petition the court to have the record sealed and destroyed. You will first want to discuss whether you are eligible with an experienced criminal defense attorney.

Call the Criminal Defense Attorneys at Wallin & Klarich

If you are seeking post-conviction relief in California, you need to speak to a skilled criminal defense lawyer immediately. At Wallin & Klarich, our lawyers have been successfully helping our clients clean their criminal records for over 30 years. We can help you now.

With offices in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, West Covina, Sherman Oaks, Torrance and Victorville, our attorneys are available nearby to help you no matter where you work or live.

Call our offices today at (888) 280-6839. We will be there when you call.

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About Wallin & Klarich

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.