Expungements

In order to begin cleaning up your criminal record, you first need to know what is on your criminal record. The court will require you to fill out forms. Whether you are requesting a dismissal or a Certificate of Rehabilitation, you will need to know the details of your convictions(s) in order to complete the forms. Also, certain details will affect whether you are eligible. There are several details our office will need to know in order to effectuate an expungment on your behalf:

1. Your Case Number(s) [Sometimes called docket number.]
2. Your Date(s) of Conviction(s) [The date of your plea or verdict.]
3. The Code Name(s) and Section Number(s) you were convicted of violating.
4. Was there a "Verdict" or did you "Enter a Plea"? If you Entered a Plea, was it "Guilty" or "Nolo Contendere" (No Contest)?
5. Were you ordered to serve any time on "Probation"? If so, how long? [Formal and informal probation are treated the same.]
6. Were you ordered to pay any "Fines," "Restitution," or "Reimbursement"?
7. If you were sentenced to state prison, which one?
8. If you were sentenced to state prison, what date were you released?
9. If you were released on "Parole," what date did your parole end?

Information employers are not entitled to when hiring

In California, section 432.7 of the Labor Code, states "No employer shall ask an applicant for employment to disclose information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination any record of arrest or detention that did not result in conviction.

However an employer is not prevented from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial.

THE LAW OFFICES OF ARCHER & ASSOCIATES can help you or a loved one with an expungment in the following circumstances listed below depending on your particular situation, you may have the following options:

If you were convicted of a misdemeanor and are still on probation, you may request early release from probation and file petition to have conviction dismissed. Our office can file a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement.

If you were convicted of a misdemeanor and have successfully completed probation you may file a petition to have conviction dismissed. Our office can file a PC 1203.4 petition for expungement.

If you were convicted of a misdemeanor and were never given any probation at all, you may file a petition to have conviction dismissed. Our office can file a PC 1203.4a petition for expungement

You were convicted of a felony and are still on probation you may request early release from probation and file a petition to have your conviction reduced to misdemeanor and dismissed. Our office can file a PC 1203.3 petition to have probation terminated early,a PC 17(b) petition to get felony reduced, and PC 1203.4 petition for expungement.

If you were convicted of a felony and are done with probation and/or county jail time you may file petition to have conviction reduced and dismissed. Our office can file a PC 17(b) petition to get the felony reduced, and a PC 1203.4 petition for expungement

If you were convicted of a felony and were never given any probation at all and were sentenced to county jail, you may file a petition to have felony reduced to a misdemeanor and file petition to have conviction dismissed. Our office can file a PC 17(b) petition to get felony reduced and a PC 1203.4a petition for expungement.

*If you were convicted of a felony and were sentenced to state prison or under the authority of the California Department of Corrections, you are entitled to file a petition for Certificate of Rehabilitation and Pardon.

Benefits of Having Your Record Expunged
Once all of your convictions have been dismissed:

1. On questions by Private Employers if you are asked if you have every been convicted of a crime, you must respond with "YES-CONVICTION DISMISSED."

On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED."

1. California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.
2. You will not be allowed to own or possess a firearm until you would otherwise be able to do so.
3. Your dismissed conviction(s) can still be used to increase your punishment in future criminal cases.
4. Your prior conviction(s) can still affect your driving privileges.

Contact the The Law Offices of ARCHER & ASSOCIATES to help you obtain an expungment.