Clearing Your Criminal Record
California Seeking to Ban Criminal Background Checks for Private Employers
California’s Current Law on Employee Background Checks Existing California law regulates the use of criminal history information in hiring and personnel decisions. While such laws are meant to protect job applicants from discrimination based on their criminal history, applicants with convictions may still suffer prejudice in hiring. All employers reserve the right to run a criminal background check on you, meaning any convictions you have will probably show up even…
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Am I Eligible for a Certificate of Rehabilitation?
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. What is a Certificate of Rehabilitation? A Certificate of Rehabilitation is a court…
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Should Criminal Background Checks Be Banned in California?
It has become routine. You apply for a job, and your potential boss asks you for permission to conduct a criminal background check. For those who have no criminal history, such a check is not an issue, but for the millions of people who have been convicted of a crime, a background check is a significant barrier to getting a job. In the last few years, the federal government has…
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Why Should I Get a Criminal Expungement in San Bernardino? (PC 1203.4)
Having a criminal record is embarrassing and can have devastating effects on your future. Most notably, having a conviction on your criminal record will affect your ability to obtain future employment during a criminal record check or maintain current employment. Many jobs will ask you to put on your application if you have been convicted of a crime. If you have to respond yes to this question, it will likely…
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Certificate of Rehabilitation now includes oral copulation with minor (PC 4852)
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 years old. You needed a Governor's Pardon to stop your obligation from registration. Under the…
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If I was arrested but the charges were dismissed, can my employer legally find out about it? (Penal Code Section 851.8)
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 convictions. This law also applies to prospective employers. When you apply for a non-government job…
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If I have my record “expunged” does that mean nobody can see it? Penal Code Section 1203.4
If you successfully complete probation for a criminal offense, you are eligible in most cases to retain an experienced Southern California criminal defense attorney to make a motion to expunge your criminal record. However, people are often confused as to what the effect is of a person expunging their record. If the court grants your motion to expunge your record, you can answer NO on any employment application for a…
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How Can I Clean Up My Criminal Record? – PC 1203.4; PC 17b; PC 4852.01; PC 851.8
In 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…
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What is an Expungement? California Penal Code 1203.4
If you have been convicted of a crime in the past, you know this can be very difficult to overcome. Having a criminal record could destroy your life. It can be challenging to find and maintain employment and the negative stigma will follow you around for the rest of your life. This is a burden that no one wants to carry around. With the help of an experienced criminal defense attorney,…
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Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct
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…
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