Southern California Defense Blog

In today’s economy it’s hard enough to get a job without having to deal with a criminal
record for past indiscretions. Since employers and schools are performing more
background checks on applicants, it is vital to try to clear your record. Your past mistakes can greatly hinder your education and employment opportunities, but there are various
ways to work with an attorney to clear your criminal record.

The different ways that an experienced criminal defense law firm can help you clean up
your criminal record include the following:

Penal Code Section 17b
If you were convicted of certain felonies, called “wobblers” you may be able to file a
motion to have your felony reduced to a misdemeanor

Penal Code Section 1203.4
If you were convicted of certain crimes and did not go to state prison, at the conclusion of
your probationary period you may be eligible to file a motion to have your conviction set
aside, a not guilty plea entered and your case dismissed.

Penal Code Section 4852, etc.
In some cases, if you were convicted of a felony you may be able to successfully petition
the court for a certificate of rehabilitation.

Penal Code Section 851.8
If you were arrested for a crime but the criminal charges were dismissed prior to any
conviction being obtained, you may be eligible to successfully petition the court to have
your arrest record sealed and destroyed. There are specific requirements that must be met in order for this motion to be successful.

Feel free to contact Wallin and Klarich now to find out what legal means may be
available to you to help you clean up your prior criminal record. Contact Wallin
& Klarich to find what legal means are available to clean up your prior criminal
history. Wallin & Klarich has over 30 years of criminal defense experience and will
aggressively represent you. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s
experienced Southern California criminal defense attorneys today. Also our website at
www.wklaw.com

Having been convicted in the past of a crime can be very difficult to overcome. Having a criminal record can make if difficult to get a job. It is a burden that no one wants to carry around. With the help of an attorney, you may be able to clean your record in Southern California.

There is a process called an expungement to modify your prior convictions. An expungement is a legal process that petitions the court to review the conviction, set aside the conviction and dismiss the case. Before submitting the expungement, you must take into account that the following has been satisfied by the court:

• You have completed the term of probation on your conviction.


• All fines and restitutions have been paid.


• All court programs have been completed.


• No new convictions are pending.

Continue reading "What is an Expungement? California Penal Code 1203.4" »

In a recent California Court of Appeals case (People v. Tuggles) the court ruled that the trial judge has the power to subpoena any juror that he or she feels may have been involved in misconduct during the trial. The judge can do so at the request of the defense or of the prosecution.

California Code of Civil Procedure sections 206 and 237 allow jurors to prevent the release of information to parties, their attorneys, investigators working for counsel, and members of the general public. The court must heed the wishes of reluctant jurors to bar disclosure of their personal identifying information to these persons. However, Code of Civil Procedure sections 206 and 237 do not infringe upon the trial courts' inherent power to investigate strong indicia of juror misconduct. (People v. Cox, 53 Cal.3d)

Continue reading "Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct" »

Anytime a Defendant in a California pleads guilty to a misdemeanor or a felony, that defendant must be advised “on the record” that the consequences of the guilty plea could result in deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the Untied States. Unfortunately, when some defendants agree to a plea bargain, their attorneys don’t adequately warn them of these potentially dire consequences which can lead to significant problems down the road. Many times, attorneys will simply tell their clients just to initial and sign important plea bargain and advisement of rights forms.

Our law firm is seeing more and more cases where clients come into our offices and explain that they or a loved one is in danger of being deported or can’t gain citizenship due to a guilty plea in a criminal case. More often than not, these people explain that they had no idea that what was happening to them or their loved ones was possible because either the court or the attorney handling the case didn’t tell them.

Continue reading "All Persons Accused of Crimes in California Need to Be Advised on the Record of Immigration Consequences of Guilty Plea" »

When your past interferes with your future, you might need an experienced San Diego criminal defense lawyer to assist you in cleaning up your record. Because a criminal record is a public record any one can view, several people can see your case file and view what happened in your criminal case. However, if an attorney assisted you through the process of obtaining an expungement under California Penal Code Section 1203.4, then they could provide some relief for you and your family.

An expungement is the process whereby the court will dismiss the conviction against you. First, you can withdraw your plea of guilty, or the judge can set aside a guilty verdict. Next, you will enter a plea of not guilty. Finally, the court can dismiss the case against you.

Sounds Great! However, the case can still be found by anyone looking at your file, as it does not erase or wipe away the conviction. Any conviction you received will still remain on your record and this process does not absolve your criminal conduct.

Continue reading "Have a Criminal Past and Looking for a Job?" »

Many people are wrongfully arrested by law enforcement. Often the police officer makes an “honest mistake” or the police officer may arrest a person wrongfully due to a faulty identification by a witness. In other cases, the police officer may arrest someone without probable cause in an attempt to harass or obtain information from a person. Whatever the reason for the arrest, after the charges are dismissed the person may face serious negative consequences due to his wrongful arrest.

In some cases a person may not even realize that he was not accepted to a college or university or program due to this arrest. In other cases, a person may be turned down for an employment opportunity if the prospective employer finds out about the wrongful arrest. Fortunately California law allows for what is referred to as a Petition for Factual Innocence. If the courts grant a petition, all records of the arrest must be sealed and destroyed. This means that nobody can legally find information about the wrongful arrest.

Continue reading "Petition for Factual Innocence Can Help Those Wrongfully Accused" »

Employers face many decisions when deciding who to hire for a job. Undoubtedly one of these considerations is whether or not the prospective employee has had a criminal history. Currently many job applications ask criminal history questions. However across the United States, many big cities are starting to eliminate these types of questions.

These changes have been implemented in an effort to prevent those convicted of a crime from being excluded from the workforce. Currently the new hiring policy only applies to public employment. However, even in cities where these questions have been eliminated, criminal background checks in the later hiring stages still exist. Having your record sealed or expunged remains another option for those who want their criminal history concealed.

Continue reading "Some Big Cities Eliminate Criminal History Questions from Job Applications" »

Mel Gibson’s 2006 misdemeanor conviction for driving under the influence of alcohol never happened. At least according to his criminal record. Los Angeles County Superior Court Judge Lawrence J. Mira granted Actor Mel Gibson’s request to have his criminal record expunged.

As a first-time drunk-driving offender, Gibson was eligible to have the conviction removed from his record after completing the terms of his probation. As terms of his probation, Gibson agreed to attend Alcoholics Anonymous meetings, pay $1,300 in fines, and perform in public service announcements.

California laws allow an individual convicted of a criminal offense, to have their record expunged, or in other words erased. There are a number of eligibility requirements that must be fulfilled before the court will grant an expungement.

Continue reading "Mel Gibson Does His Best to Forget His 2006 Conviction for Drunk Driving" »

In todays world, employers are doing background checks on perspective employees looking for criminal records. It is more important then ever to make sure your record is as clean as possible.

Many doors of opportunity may close if you do not clean up your criminal record.

Continue reading "Clean Your Record" »

Recent unemployment numbers out of California show the unemployment rate at 12 percent. Experts predict that the unemployment rate nationally will top 10 percent. In today’s competitive job market, the difference between being hired or passed over for a position often comes down to minor factors. One of these potential factors can be past criminal convictions.

An employer may pass over a candidate who has a criminal conviction, in favor of one with a clean criminal record. However, those with a criminal conviction should not let their criminal record hold them back from gaining employment. California laws allow an individual convicted of a criminal offense, to have their record expunged, or in other words erased. There are a number of eligibility requirements that must be fulfilled before the court will grant an expungement.

Continue reading "In Tough Economic Times, an Expungement of a Criminal Conviction Can Help" »

Why Having an Experienced Criminal Defense Attorney On Your Side Could Help You Avoid a False Conviction

DNA evidence has always been thought to be the infallible wave of the future; however, new information could change this perspective.

Even though every person’s DNA is unique, and every trace of a person’s DNA that is left behind will be identical, the testing methods available today cannot compare every single gene in a sample. In most cases, the testing works extremely well, with a very high degree of discrimination; however, there undoubtedly will always be a few inconsistencies or false identifications.

The controversy of the testing’s accuracy has centered on the admissibility of the testing evidence against a defendant. It has been argued that if the results of the tests are not 100 percent accurate, then they cannot be used as evidence of a person’s identity. This argument makes good common sense and has been given deference by some courts.

Currently, the FBI and state agencies have over one million samples of DNA in a DNA database. From this database, law enforcement agencies have created other databases of suspect types in unsolved cases, linking cases to each other to establish serial crime cases, and increasingly matching recidivist offenders to unsolved crimes generating “cold-hit matches.”

What is the problem with “cold hit matches,” you ask? The problem is that the law enforcement paradigm has shifted, with DNA matches at the beginning of an investigation rather than confirming a suspect’s identity after probable cause has been developed. Thus, the investigation begins with little more than a DNA database match, initiated by a machine calculation.

The problem with investigations on the sole basis of DNA database matches is that the system is fallible. In the U.K., where database searching has been the norm for more than a decade, several mismatches or false positives are expected every year. Though these false positive identifications are rare, they still result in investigations that may lead to convictions. This risk of coincidental matches was the central issue in the recent California case People v. Nelson (2008).

Continue reading "DNA Evidence Receives a Boost" »

Have you been convicted of a Felony in California, or been convicted of a Felony or Misdemeanor sex offense that requires you to register as a sex offender? If so, you may not have to carry the weight of your past on your shoulders anymore. With a Certificate of Rehabilitation, you can move on with your life.

A Certificate of Rehabilitation is a court order declaring that a person convicted of a Felony is now rehabilitated. Generally, if you were convicted of a Felony, and you still reside in California, you can hire a skilled criminal California defense attorney to assist you in filing a petition for a Certificate of Rehabilitation, provided that you the meet requirements of demonstrated rehabilitation, which are required by law.

If you were convicted of a felony, or a misdemeanor sex offense, which requires you to register as a sex offender, and that felony or misdemeanor sex offense was dismissed under Penal Code section 1203.4; and, you are no longer in custody, or on parole, or probation, and you have not been incarcerated since your release, and you are not on probation for any other offense, and you have continuously resided in California for 5 years, you are eligible for a Certificate of Rehabilitation.

If you were convicted of a felony after May 13, 1943, and you were sentenced to state prison and you were discharged from custody or released on parole, and you have continuously resided in California for 5 years, you are eligible for a Certificate of Rehabilitation.

Continue reading "Am I Eligible for a Certificate of Rehabilitation?" »

Have you ever been convicted of a Felony, or of a Misdemeanor Sex offense in California? Are you embarrassed by your record and constantly reminded of your mistakes? Do you wish to have your rights restored? Such as being able to serve on a jury, or being employed as a state parole officer or as a county probation officer? Do you want to be able to own or possess a firearm? If so, a Governor’s Pardon is what you are looking for.

A California Governor's pardon is an honor that is granted to those who have demonstrated exemplary behavior following a felony conviction. If after your conviction you have led a useful, productive, and law-abiding life, then you could be granted a Governor’s Pardon.

To apply for a Governor’s Pardon, you must be off probation or parole for at least 10 years before applying for a pardon, and you have not had any further criminal activity during those 10 years. You do not need to reside in California to apply for a Governor’s Pardon.

Continue reading "Getting a Governor's Pardon, Getting Your Life Back!" »

The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant’s right to a fair trial.

An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant’s right to a fair trial. The Court of Appeal found for the defense; the use of an armed guard behind a defendant undermines the fairness of the fact-finding process, thereby prejudicing the jury against the defendant.

When a judge denies a defendant to the right to a fair trial, a defendant needs an experienced criminal defense attorney in California to fight for his or her rights.

Continue reading "Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial" »

Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence.

California Penal Code Section 851.8 provides for a Petition for Factual Innocence (PFI). A judge who grants a PFI will order that all arrest and prosecution records to be sealed. Once the records are sealed, the seal will last for three years from the date of the arrest, at which time all records are destroyed. The destruction of records includes the PFI itself along with arrest records.

Whether a Petition for Factual Innocence is granted varies depending on a number of issues. Further, a petition must conform to certain statutorily mandated time restrictions. Hiring a criminal defense attorney in California is the most reliable way to ensure all procedures are handled correctly.

Continue reading "California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted" »

Insight from an Experienced Criminal Defense Attorney

Many people do not realize that if you are arrested, even if the charges are dropped or never filed, the arrest will remain on your record. If you go to trial and receive a not guilty verdict, or have the conviction successfully expunged, the arrest will stay on your record as well. Unfortunately, even if it is clear you did not commit any crime, a background check will still reveal your arrest. In an abysmal economy, this kind of black mark on your record can make an already difficult job search even more so.

However, there is a way to have your arrest record completely destroyed. The California Penal Code provides that any person whose arrest did not result in a conviction may petition for a finding of factual innocence (PFI) under Section 851.8. This is a process by which a petitioner may prove to the court that he or she is actually innocent. A successful PFI can provide something that a jury cannot: an acquittal at trial merely means the person is not guilty beyond a reasonable doubt, but does not prove that the person is in fact innocent. A PFI does exactly that.

The result of a granted PFI is that all arrest and prosecution records are sealed, and then destroyed. In effect, this will completely wipe your record of that arrest clean. The law states that “the arrest will be deemed to have not occurred and the person may answer accordingly any question relating to its occurrence.” Cleaning up your criminal record can be of enormous importance when filling out job applications.

Continue reading "How to Have Your Arrest Record Destroyed" »

Lessons From a Criminal Defense Lawyer

It is possible for an officer to unintentionally or unlawfully arrest a person? If an officer arrests a person without sufficient probable cause, this is often referred to as a "false arrest." The consequences of an improper arrest can include suppression of any testimonial statements by the suspect, suppression of physical evidence, and personal liability for the officer.

In addition, a factual innocence motion can be drafted in an effort to clear the tarnish of an arrest on your criminal record. If you feel that you were unlawfully arrested or that you are factually innocent, contact the skilled CA criminal defense lawyers from Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com.

California law has several ways in which a person may clean up their criminal record. Depending on the time since your conviction and the circumstances surrounding the charge, it may be possible to have the conviction expunged from your record. When a criminal record is expunged you may legally answer “no” when asked by private employers if you have ever been convicted of a crime.

If you have been convicted of a misdemeanor and were not sentenced to probation or have successfully completed probation: If this is your situation, it is highly likely you will be able to have your record expunged. Contact an experienced California expungement attorney at Wallin and Klarich and they can get started immediately to clear your record.

If you have been convicted of a misdemeanor and are still on probation: Even though you have not yet completed your probation, it is still possible to have you record expunged. If this is the case, it will be necessary to file a motion to terminate probation. The court will grant such a motion when it serves the “ends of justice.” This means you must have a good reason, i.e. you are unable to find a job or obtain licensure. A skilled criminal defense attorney in Orange County from Wallin and Klarich can work with you to be able to make a compelling argument to the court. If a motion to terminate probation is not granted, it will still be possible to have your record expunged upon completion of the terms of your probation.

If you have been convicted of a felony and have successfully completed probation, but did not serve time in state prison: First, it will be necessary to file a motion to have your felony charge reduced to a misdemeanor. Attorneys at Wallin and Klarich have had hundreds of these motions granted, and they can do the same for you. After the felony is reduced to a misdemeanor, you may file a motion to have the record expunged.

If you have been convicted of a felony and have not yet completed probation, but did not serve time in state prison: Even if you haven’t yet finished your probation, it is STILL possible to have your record expunged! However, it will be necessary to have a very good attorney on your side. Attorneys at Wallin and Klarich have successfully expunged criminal records from many such clients, and can do the same for you.

If you have been convicted of a felony and sentenced to state prison: Believe it or not, even if you have spent time in state prison, the law still allows a person to improve what is on their record. Contact an attorney at Wallin and Klarich for more information.

As you can see, there are various technical circumstances that can affect the means of clearing your criminal record in California. If you are looking for a skilled California criminal defense attorney who will aggressively defend your rights and keep you informed, then Wallin & Klarich can help protect your reputation. Call us today at 888-280-6839 for a case evaluation or visit our website at www.wklaw.com.

If You Have a Juvenile Record, You Have a Statutory Right to Hire a Juvenile Defense Attorney to Petition the California Juvenile Court to Seal Your Record

You would be hard pressed to find anyone who has not made a mistake as a youth. Youthful indiscretions, no matter how common, may greatly affect an individual’s life thereafter. Often times a juvenile record in California can come back to haunt a person as they look for employment, or attempt to further their education. It is common knowledge that a person who has a juvenile record, may suffer from negative consequences as a result of the record. However, what most people are unaware of is what can be done about sealing a juvenile record.

By statute, individuals have a right to petition the Juvenile Court to seal the juvenile record, as well as the records in custody of other agencies. This includes records in the custody of law enforcement agencies and public officials. Under California Welfare and Institutions Code Sections 389 and 781, an individual may petition to have their juvenile record sealed if either one of the following occurs: five years or more after the jurisdiction of the juvenile court has terminated, five years or more after the individual was cited to appear or were taken before a probation officer or any officer of a law enforcement agency where no petition was filed in the Juvenile Court, or at any time after the individual has reached the age of 18. Cleaning up your criminal record can significantly improve your chances of getting a job or advancing your education.

If you have a juvenile record and hope to obtain gainful employment or hope to further your education, it is imperative that you hire an experienced criminal defense attorney. Hiring an experienced criminal defense law firm in California can greatly increase your chances sealing your juvenile record. The attorneys at Wallin & Klarich have been helping people keep their record clean for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-280-6839, or go to our website at www.wklaw.com for more information.

How Do I Apply for a Certificate of Rehabilitation? Do I Need to Hire a Criminal Defense Attorney?

If you’ve ever been convicted of a crime in California, you know that the feeling of regret soon follows. You try your best to live the rest of your life as a different person, a better person than the person you were at the time of your arrest, but the shadow of your past remains over you. This can cause embarrassment, shame, social alienation, difficulties in procuring well paying employment, problems with family, friends, and neighbors, and even depression. In most cases, having to face California sex-offender registration for the rest of your life, and having your identity on websites such as Megan’s Law, can be devastating.

Well, you don’t have to live the rest of your life regretting your past, or feeling like your past follows you everywhere. With the help of an experienced California expungement lawyer at Wallin & Klarich, you can change your future by applying for a Certificate of Rehabilitation.

You can qualify for a Certificate of Rehabilitation if you:
• Were sentenced to State Prison and were released on Parole, thereby making you ineligible for an expungement.
• If you have a felony conviction and desire to apply for a Governor’s Pardon.
• You have a Misdemeanor conviction, and by law are required to register as a Sex Offender per Penal Code section 290.

The Benefits of a Certificate of Rehabilitation are:
• Once the Certificate is granted, it becomes an automatic application for a Governor’s Pardon.
• State licensing agencies will take into account the Certificate when deciding to grant a state license for Nursing, Real Estate, Contractor, etc.
• Relieves certain sex-offenders from having to register per Penal Code section 290.

Continue reading "California Certificate of Rehabilitation" »