Expungement
The New California Realignment Law: A Meaningful Second Chance
"What I would give for a second chance." Have you ever found yourself throwing this thought around in your mind? All people, at one point in their lives, have likely said this to themselves hoping that something would come along to give them a fresh start. California's new realignment law is exactly that, a fresh start. Effective immediately, California Penal Code Section 1203.41 expands on old law to give more…
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Are Employers Using Criminal Record Background Checks To Unlawfully Discriminate?
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) brought federal lawsuits against car manufacturer BMW and retailer Dollar General. The EEOC alleged that the two companies have been using criminal background checks to unlawfully discriminate against individuals on the basis of race, gender, ethnicity, religion, and disability status. EEOC v. BMW Manufacturing Co., LLC On June 11, 2013, the EEOC filed a federal lawsuit on behalf of 69 individuals against…
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How can Wallin & Klarich help me clean up my record through an expungement? – California Penal Code (PC) 1203.4
Having a clean criminal record is important to you for several reasons. You may be seeking gainful employment or a prestigious career; or perhaps you are a college student on a career path to becoming a professional. Unfortunately, having a criminal conviction on your record will be an obstacle to achieving these life goals. For example, some employers conduct a background check to make sure that you have a clean record…
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How can an expungement help me get a job? – Penal Code section 1203.4
What is an expungement? Under California Penal Code section 1203.4, a person who was convicted for a crime and satisfied all terms of probation may petition a court to have their criminal conviction expunged. An expungement will allow you to withdraw your previous guilty plea and the judge will set aside your conviction and dismiss your case. In other words, the effect of an expungement will erase the criminal conviction…
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California Law on Expungement
Let's face it – if you have been convicted of a crime in California, your prospects for employment are significantly diminished. That pair of shoes you shoplifted twenty years ago could haunt you every day. Until recent years, however, prospective employers and others were unlikely to obtain this information unless it was offered. Unexplained gaps in verifiable employment would likely have been the only tell-tale sign. The Information Age has…
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I Need to Expunge My Criminal Record in San Diego. What Should I Do Next?
Expungement is nothing more than a statutory vehicle to dismiss a criminal case under certain specified conditions. Both misdemeanors and felonies may be expunged. Any adult who was granted and successfully completed probation, either by fulfilling the conditions of probation or being discharged before the end of his or her probation period may be eligible for expungement. Individuals who seek to expunge their criminal record must also show that they…
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NEW LAW WILL ALLOW THOSE CONVICTED OF CERTAIN INFRACTIONS TO EXPUNGE THEIR RECORD
A new law will take effect on January 1, 2011 that will grant individuals the opportunity to expunge their record for certain infractions. Although an infraction is a less serious crime than a misdemeanor, it is a blemish on your criminal record that may have a negative effect on your educational or employment opportunities. The new law provides a chance for defendants convicted of any infraction (except motor vehicle infractions)…
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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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Have a Criminal Past and Looking for a Job?
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…
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Petition for Factual Innocence Can Help Those Wrongfully Accused
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…
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