Felon On A Suspended Prison Sentence May Qualify For Felony Expungement (PC 1203.4)
Felon On A Suspended Prison Sentence May Qualify For Felony Expungement (PC 1203.4) On June 24, 2013, the California Court of Appeal ruled that a felon who successfully completes the conditions of his or her probation term may set aside (i.e. expunge) the conviction despite being originally sentenced to state prison. Facts of People v. Parker Jr. The respondent, Rick Parker Jr., appealed the denial of his petition to expunge…
Read MoreCalifornia Law Allows For The Destruction Of All Arrest And Prosecution Records
California Law Allows For The Destruction Of All Arrest And Prosecution Records Every day individuals are arrested by law enforcement for crimes they did not commit. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long-lasting. Even if charges do not follow an arrest, the consequences of an arrest can often be long lasting. An arrest will show up on…
Read MoreHow A Criminal Record Affects Child Custody
How A Criminal Record Affects Child Custody Are you currently going through a child custody battle and your Ex is now citing your prior criminal history in their paperwork? If so, you are not alone. In fact, a parent’s criminal history is brought up in child custody battles very often, even if it is from several years ago. The reason is that many times it can be the final thing…
Read MoreI’ve been arrested for a crime, but it was never filed with the court. – California Penal Code Section 851.8
I’ve been arrested for a crime, but it was never filed with the court. – California Penal Code Section 851.8 Your criminal record will include not only occasions in which you had been convicted of a crime, it will also include instances in which you had been arrested under suspicion of a crime. So even if an arrest does not result in a conviction, a record of that arrest will…
Read MoreConvicted Sex Offenders are Still Required to Register on The Internet After Their Conviction Has Been Expunged – California Penal Code Section 290.46(a)(1)
Convicted Sex Offenders are Still Required to Register on The Internet After Their Conviction Has Been Expunged - California Penal Code Section 290.46(a)(1) A recent California Court of Appeals decision, Doe v. Brown, held that anyone convicted of a sex crime under Penal Code Section 288, is required to register in the online database created by Megan’s law. In 2004, the California Legislature enacted section 290.46(a)(1), a statute commonly known…
Read MoreHow to Get an Arrest Off Your Record – California Penal Code 851.8
Arrests can be difficult. Having an arrest on your record can have consequences, including with your employment. When searching for a job, employers tend to ask about prior convictions and/or arrests. This can determine whether or not you get the job. If you were previously arrested and charges were never filed, you may be eligible to apply for the 851.8 Petition. Under California Penal Code Section 851.8, in any case…
Read MoreGovernor Schwarzenegger Signs New Legislation Enhancing California’s Efforts to Collect Restitution from Convicted Criminals
Governor Schwarzenegger Signs New Legislation Enhancing California’s Efforts to Collect Restitution from Convicted Criminals California has always been tough on collecting restitution from convicted criminals, but now it has stepped up its efforts even more. The newly signed law allows the state controller to deduct unpaid restitution fines for crime victims from the income tax refund of a person who owes restitution. The bill also allows the Victim’s Compensation and…
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