Am I Eligible for a Certificate of Rehabilitation?

By: Wallin & Klarich

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 …

Posted In: Clearing Your Criminal Record

Certificate of Rehabilitation now includes oral copulation with minor (PC 4852)

By: Wallin & Klarich

A recent Court of Appeal decision has expanded the effect of a Certificate of Rehabilitation. Under old law regarding 290.5 of the California Penal Code, a Certificate of Rehabilitation could not absolve your obligation of sex registration under Penal Code 290 if convicted of a 288a (b)(1), oral copulation with a minor 16 or 17 …

Posted In: Clearing Your Criminal Record

If I was arrested but the charges were dismissed, can my employer legally find out about it? (Penal Code Section 851.8)

By: Wallin & Klarich

There is good news for those of us who have been arrested but not convicted of any crime. If you live in California your employers cannot find this information. This is because there is a California state law that says that an employer cannot obtain information regarding “arrests or detentions” that do not result in …

Posted In: Clearing Your Criminal Record

Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct

By: Wallin & Klarich

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 …

Posted In: Clearing Your Criminal Record

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

By: Wallin & Klarich

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 United States. Unfortunately, when some …

Posted In: Clearing Your Criminal Record