The Law Offices of Debra J. Rice is an experienced expungement law office. Debra understands the importance of keeping your record clean so that you can protect employment opportunities, keep your current job and avoid public embarrassment.  Our office offers expungements, early termination of probation and record sealing at competitively low prices.

California Expungement Process

An expungement is a process by which a record of criminal conviction is set aside.  Generally, the petitioner requests the court to withdraw his or her guilty plea pursuant to California Penal Code §1203.4.  Thereafter, a request is made to the court to change said plea to ?not guilty? and have the conviction set aside.  Ineligible violations are listed in Penal Code §1203.4(b).

Generally, in order to qualify for an expungement, the petitioner must have, among other things, completed probation, paid all fines and restitution, and not currently be charged with another crime.  Moreover, If you have been convicted of a felony, in addition to the above requirements, you must file a 17b Motion to reduce the felony to a misdemeanor before you can request an expungement. 

If you are on probation, but have completed more then half the term, paid all fines, and obeyed the law, you may be eligible for an early termination of probation pursuant to California Penal Code §1203.3. 

In most cases, a motion should be argued in court in order to prevent the rejection of the petition.  Therefore, it is highly recommended to have an experienced expungement attorney represent you in court.  Generally, the entire process takes 4-6 weeks, but sometimes can be accomplished in as little as 3 weeks.

There are limits to expungements.  For example, some states maintain separate registries for people who have been convicted of sex offenses and an expungement may not affect those registries.  Also, jobs requiring government security clearance will generally require an extensive background check that will most likely reveal a full criminal history.

Please call the Law Offices of Debra J. Rice, APC at (866) 571-4529 to get a free consultation.  Mrs. Rice will personally explain your rights and options under current California Expungement Law.

• Expungement $800.00
• Motion to Reduce Felony and Expunge $875.00
• Motion for  Early Termination of Probation and Expungement $925.00

Record Sealing

Another option is to seal a criminal record.  Generally, this is only possible if you are arrested and released without the police filing charges against you or where the prosecution decides to drop some or all of the charges.  Generally, you must be ?factually innocent? to be eligible.

As of January 1, 2010, California Penal Code §851.8 PC provides that a person who has been arrested or detained on or after January 1, 1981, and is determined to be "factually innocent" may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.

Juvenile Record Sealing

In some jurisdictions, juvenile records are sealed automatically, while in others it is necessary to bring a motion within a certain number of years of adulthood to seal the juvenile record.

Certificate of Rehabilitation

A certificate of rehabilitation is generally sought if you have spent time in state prison rather than county jail.  Because the jurisdiction has changed, you will not be eligible for an expungement in such a case, but may pursue a certificate of rehabilitation from the Department of Justice.

Sex Offenses

The law is currently changing with sex offenses and sex registration requirements.  Please note that as of January 1, 2010, you will not be eligible for an expungement or certificated of rehabilitation if you have been convicted of any of the following:

CAL. PC §§  286(c), 288(a)(c), 288.5, 289(j)*

However, it may be possible to bring a "collateral attack" on the conviction to try to have the conviction set aside.  Usually, this is a difficult process, involving a separate court action which must be commenced within a limited period of time after the conviction is entered.  Please call my office to discuss your options

* This is not meant to be an exhaustive list.