Southern California Defense Blog

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.

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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.

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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.

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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" »

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.

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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.

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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.

If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check “yes” on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed out of trouble since then, it is actually relatively easy to have that record “expunged.”

It is important to understand what an expungement in California entails. Most importantly, after a motion for expungement under CA Penal Code 1203.4 is granted, you may legally check “no” when asked by private employers if you have ever been convicted of a crime. When a criminal conviction is expunged, the law no longer considers you as having been convicted of the offense.

However, it is also important to realize what an expungement does not do. It does not relieve you of your duty to disclose the conviction when you are applying with government employers or government licensing applications. In that situation you may state “Yes – conviction dismissed.” In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of the crime.

In addition, a California expungement does not erase the conviction for several other purposes. An expunged criminal conviction can still be used to increase your punishment in future criminal cases. If your conviction prevented you from owning a gun, possessing a driver’s license, or holding a public office, an expungement will not re-instate those privileges.

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