Clearing Your Criminal Record
California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted
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…
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How to Have Your Arrest Record Destroyed
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…
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Clearing Arrest Record After a False Arrest
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…
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Clearing Your Criminal Record in California: Are You Eligible?
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…
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Statutory Right for Juveniles to Petition to Seal Records
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…
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California Certificate of Rehabilitation
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…
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Immigrant’s Options when Facing Deportation Narrowed
The California Supreme Court ruled this month that immigrants who are facing deportation may no longer rely on two common post-conviction challenges. The court ruled in two separate cases that a writ of habeas corpus, or writ of error coram nobis, would no longer be available to a defendant once they had served a sentence and were no longer on parole or probation. The court's ruling means that once the…
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Misdemeanor Charge Dismissal and ClearingYour Criminal Record
How Can I Get My Misdemeanor Charges Dismissed? Why an Experienced Law Firm Can Help Keep Your Record Clean. When you are charged with a misdemeanor offense in California, it is important to get the best legal advice so that every alternative is explored in getting your case resolved. It is extremely important to hire an experienced law firm that can explore all possible remedies and options to get your…
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Clearing Your Criminal Arrest Record
Sealing & Destroying Your Arrest Record Have you ever been arrested in California for criminal charges that you were completely innocent of? Which, you then appear in court for and find out that your case has been dismissed or the District Attorney's Office never filed the charges against you or rejected you're case completely. At the time you were probably thinking "this is great, nothing filed, this won't come up…
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California Child Abuse Index Laws
Suspected of Child Abuse or Child Neglect in California and Your Name On The Child Abuse Central Index Report Are you being accused, investigated, or charged with any type of child abuse or neglect? Or are you a day care provider or foster care parent who has recently been accused of child abuse or neglect? If you have been, then your name may be listed on the Child Abuse Central…
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