Cleaning Prior Records: Expungements under Cal. Penal Code Section 1203.4

Proposition 47 Resentencing: Sealing of Records Expungements California Penal Code Section 1203.4 gives defendants a second chance through expungement of records.  An individual previously convicted, or who has pled guilty (or no contest), can petition the court to have the accusations dismissed and be released from “all penalties and disabilities” resulting from that offense.  As of January 1, 2018, a new law in California prohibits employers from asking about a criminal history until a conditional offer of employment is made.  Although the employer cannot deny an offer of employment solely because of a conviction, that criminal history may be considered on an individual basis and serve as a reason to revoke the offer of employment.

An Expungement of a record has many benefits.  For example, California law generally prohibits potential employers from asking about or considering a criminal conviction that has been expunged.  Once a criminal record has been dismissed, it generally does not need to be disclosed even when a conditional offer of employment is made.  It should be noted that even when expunged, some stringent background checks will still show a prior conviction even if it has been expunged.

Here are some of the benefits of an expungement:

• Potential employers are now prohibited from considering prior misdemeanor and felony convictions that have been dismissed by a judge even when a conditional offer of employment has been made.
• State agencies issuing and overseeing professional licensing may treat an applicant more favorably when applying for a new license or defending an existing professional license.
• A judicial dismissal is an official acknowledgment that a person has been rehabilitated from the offenses expunged. In some cases, a person may also be eligible for a Governor’s Pardon, which allows a person’s rights to own or possess a firearm to be reinstated.
• Depending on the type of background check done, convictions that have been expunged will be removed. Most background checks done for residential rental applications, credit checks, financial aid, and other similar applications will include these types of background checks.  Background checks requiring more stringent reporting, such as fingerprinting, will still include a prior criminal history but will indicate that the charges were expunged and cannot be considered in offers of employment.

Proposition 47 Resentencing:

Proposition 47, passed by California voters in 2014, reduced the penalties for some theft and drug crimes by making them misdemeanors as opposed to felonies or “wobblers” (which are crimes that the District Attorney may charge either as a felony or as a misdemeanor).  A person must meet certain requirements before he/she can qualify for a resentencing under Proposition 47.  However, the maximum penalties for those who qualify are 1) six months to one year in jail; and/or 2) a fine of up to $1,000.  Receiving a resentencing under Proposition 47 may mean earlier release, immediate release, and/or a shorter time until eligibility for an expungement.

What crimes may qualify for Proposition 47 resentencing?

• Theft crimes where the value of the stolen property or damages are $950 or less and include:
  • Grand Theft Auto
  • Grand Theft Firearm
  • Receiving Stolen Property
  • Check Fraud (forgery)
  • Shoplifting
  • Bad Check Writing (Cal. Pen. Code Section 476(a))
• Drug crimes where mere possession of the following is against the law:
  • Controlled substances, which include narcotics, illegal drugs, and certain prescription drugs (e.g., Vicodin, Oxycontin, Cannabis (marijuana) if not within allowable regulations under Section 11357, Methamphetamines and other stimulants under Section 11377)

If you believe you may qualify for Proposition 47 resentencing, or you are just not sure whether you do, please contact our office for a FREE CONSULTATION.  Successfully appealing your conviction under Proposition 47 requires a thorough understanding of the law, analysis of your facts and review of prior criminal history.

Sealing of Records:

California Penal Code Section 851.87 provides individuals who have successfully completed a pre-filing diversion program to have their record of arrest sealed.  Upon granting of the petition to seal records, a person may answer “no” to a question related to the arrest for that charge (except with respect to applications to be a peace officer).  Although the sealed records remain accessible to criminal justice agencies, it provides an individual an opportunity to avoid having to answer questions related to those arrests in the positive on job, school, financial aid, licensing, and other similar applications.