Expungement, Record Sealing
Expungement Lawyer - Record Sealing Attorney
Misdemeanor and Felony Record Expungement
At the Law Offices Of Leon J. Mezzetti Jr., We offer remedies designed to help people to be more productive and to be able to tell employers that you have not been convicted of a crime. At our firm, our lawyers are very familiar with the rules and regulations governing the area of record expungement, sealing and clearance.
Overview of California Certificate of Rehabilitation
A certificate of rehabilitation, pursuant to Penal Code section 4852.01, is a court order that updates your criminal background to show that you earned a Certificate of rehabilitation— which signifies that you are an "honest and upright life,' you "conduct yourself with sobriety and industry," you "exhibit a good moral character," and you "conform and obey the laws of the land." While it does not erase negative things on your criminal history report, it updates your record with an impressive positive comment about your present.
Overview of California Arrest Record Sealing and Expungement
If you were ever arrested in California, details of the arrest are on your criminal background. Under California law (PC 851.8), In certain cases you can request that your arrest records be sealed. Such details can otherwise cause embarrassment and prevent you from reaching your potential.
Sealing an arrest record in California requires that it be shown that "you are factually innocent", meaning "that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made."
Benefits of Having Your California Record Sealed
Sealing an arrest record permanently erases and destroys all records of an arrest that did not lead to a conviction. The entire record, fingerprints, booking photo, arrest report, can be sealed and then destroyed if it is 3 years after the arrest. The arrest will be treated as if it
- Never occurred
- Never filed
- Dismissed (not if it was dismissed pursuant to Penal Code section 1203.4)
- Rejected or you were found not guilty
Reduction from Felonies to Misdemeanors
In Certain cases, felony conviction can be reduced to misdemeanors. There are great benefits to having felonies reduced. For example, your right to vote can be restored as can your right to own, use or possess firearms.
The Law offices of Leon J. Mezzetti Jr., can help determine whether or not you are eligible for this kind of relief.
PC290 Sex Offenses and Registration
Expungement is provided for in Penal Code Section 1203.4. It allows a case to be reopened, dismissed, and guilty finding to be withdrawn. It allows you to honestly say that you have not been convicted of a crime.
Certificate of Rehabilitations
Certificate of Rehabilitation are provided for in Penal Code Sections 4852.01 to 4852.21. Certificates of rehabilitation are a statement by the trial court that you have been rehabilitated and it serves as a recommendation that the governor grant a pardon (see the bottom of this document for more on pardons).
Penal Code section 290 requires mandatory registration as a sex offender for persons convicted of the sex offenses listed in that section. Even if the offense is not listed in section 290, the person may be ordered by a court to register as a sex offender if the criminal offense committed was sexually motivated. Section 290 applies automatically to the enumerated offenses, and imposes on each person convicted a lifelong obligation to register.
For further reading: Cleaning Your Record, California Courts