Expungements & Prop 47
The Law Office of Adam T. Spicer is prepared to help clean up your criminal history.
California Expungements
- California Penal Code § 1203.4 allows for expungement of criminal records in certain circumstances.
- Although, this does not make the conviction completely undiscoverable, it is a good option for people seeking to clean up their criminal records for employment or other reasons.
- An expungement under § 1203.4 operates to withdraw the original plea of guilty or no contest and will replace it with a plea of not guilty and often a dismissal of the case. So the conviction on the criminal record is replaced with a dismissal of the case pursuant to § 1203.4.
- To be eligible for expungement a person must:
- Been convicted of any crime and sentenced to probation or been convicted of a misdemeanor or infraction whether or not probation was served.
- Finish serving probation and comply with all probation terms.
- Allow one year to elapsed, during which time the sentence of the court was performed and complied with.
- Not be under a sentence for any offense.
- Since the pronouncement of judgment, live an honest and upright life.
California Prop 47
- In November 2014, the voters in California passed Proposition 47 by voter initiative.
- The law reduced some drug possession and low level theft crimes from felonies to misdemeanors.
- The law applies retroactively so people with past felony convictions may be eligible for resentencing (if still serving their sentence) or record reduction from felony to misdemeanor (if completed with the sentence).
- Prop 47 also acted to reduce the penalties for some offenses.
- If you have a past felony for drug possession or theft, you should contact a lawyer today to determine if you are eligible for relief under Prop 47.
Nevada Record Sealing
- Nevada has a similar procedure to allow people who have been convicted of misdemeanor offenses to clear their criminal history records.
- In Nevada, the procedure is called record sealing rather than an expungement. A person seeking record sealing must file a petition in the court where the conviction occurred.
- To be eligible for sealing the record of a misdemeanor conviction:
- At least one year must have passed from the date of offense
- All terms of the Judgment must have been complied with
- The person seeking record sealing must provide a fresh criminal history report, and
- There must not have been any new criminal offenses.
- The record sealing order will be directed to the court, District Attorney, arresting law enforcement agency and the Nevada Criminal History Repository