Am I Eligible for an Expungement in Californina?

Sections 1203.4 and 1203.4a of the California Penal Code govern process of applying to have an old conviction removed from your criminal record.

If granted, an expungement will result in the dismissal of charges against you.  An expungement will not actually erase the records of your case.  Instead, a successful expungement will change the disposition in your case from a "conviction" to a "dismissal".  Once you've earned a dismissal, you are entitled to honestly state that you have no criminal convictions in your background (for most purposes).

There are a lot of criteria that you must satisfy before you are eligible to have your old case dismissed.  Here's a simplified flow chart:

• Were you convicted of a crime?  If so, keep reading.  If not, then you have nothing to expunge.  There is a separate process to seal arrest records in California if you were arrested and not convicted of any crime, but that's a subject for another blog post.  
• If the crime was a misdemeanor, were you granted probation?  Did you successfully comply with all the terms of your probation for the entire period?  If so, then you are probably eligible for an expungement, but keep reading.  If you ever violated the terms of your probation, then you are not automatically entitled to an expungement, but a judge may still grant one if doing so "serves the interests of justice".  
• Felonies are complicated.  If you completed probation, you are probably eligible.  If you went to prison (or county jail under 1170(h)), there are a lot of factors.  Call us for a consultation to figure it out.  
• If the crime was a misdemeanor or an infraction and you were NOT granted probation, has more than 1 year elapsed since the conviction or since your release from custody?  If so, keep reading. 
• Are you currently on probation for any other case?  You are not eligible for an expungement while you are currently on probation, but you MIGHT be eligible to terminate your probation early.  Once you are released from probation, you may immediately become eligible to apply for your expungement.  
• Do you currently have charges pending or outstanding warrants in any other case?  You are not eligible for an expungement while you are currently fighting another case.  

If you satisfy these criteria and you are clearly eligible for an expungement (you successfully completed probation without any violations, you are not currently on probation in any other case and you have no pending charges or outstanding warrants), then the process is fairly simple and straightforward.  You or your attorney simply need to fill out the appropriate forms, serve them on the DA, file them with the court, and wait 3-6 weeks for the judge to mail back your signed copies of the court's dismissal order.  

Expungement petitions can also get complicated, though.  As mentioned above, judges have discretion to grant or deny applications when the record shows that you have violated probation (by missing a payment, failing to complete some court-ordered class on time, etc.).  In those cases, the DA will argue that you are not eligible and that the petition should be denied.  When that happens, your attorney must make a compelling argument to convince a judge that granting the expungement serves the "interests of justice".

These cases also get complicated if you are currently on probation.  Again, judges have the authority to release you from probation early, but it can be difficult to convince them to exercise that power.  They always start from the assumption that the sentence you received was fair and appropriate at the time it was imposed.  If you did not agree that the sentence was fair when you accepted it, then you should have taken the case to trial.  You may not simply argue "buyer's remorse" because you believe you got a bad deal.  Instead, you must convince the judge that the deal you accepted is no longer fair.  See the difference?  The judge wants to see that you have been reformed (you've attended a lot of AA, etc.), you have learned your lesson, you have demonstrated exemplary performance during the time that you have been on probation, and most importantly, that there is some important reason why releasing you from probation now actually serves the most good for society.  Valid reasons include job offers, opportunities to join the military, or some proof that being on probation prevents you from going back to college, etc.  

If you or a loved one has questions about clearing up your criminal record with an expungement, or about trying to get off probation early, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading. 

Fullerton expungement lawyer

Get a Felony Off Your Record

A felony conviction will follow you around for the rest of your life, making it difficult (or impossible) to get a job, vote, join the military, earn a professional license, or purchase firearms.  If you've been arrested or convicted for a felony in California, though, there may be options available to get that charge off your record.

If you are arrested and the DA declines to file charges, the mere fact that you were once arrested on suspicion of a felony can cause problems down the road.  Luckily, California now provides a procedure to seal records if your arrest did not result in a conviction.

If you are charged with a felony, your attorney might successfully negotiate a plea deal for a reduced charge.  Depending on the nature of the charge, the strength of the evidence, and your criminal history, the DA may eventually settle for a misdemeanor.  In many cases, prosecutors try to gain bargaining leverage by alleging felonies when misdemeanor charges are really more appropriate.

PC 17(b) 

When the DA is not willing to reduce a felony charge during plea negotiations, a judge may do so in some cases.  In California, section 17(b) of the Penal Code gives judges the discretion to reduce some felonies to misdemeanors when doing so "serves the interests of justice".  If your charge is eligible for a reduction, the judge can exercise that option at any point in the criminal process -- before trial, after trial, or even years after a conviction.  If judge agrees to reduce your felony to a misdemeanor in the interests of justice under PC 17(b), that conviction will forever be considered a misdemeanor for all purposes.  All rights are immediately restored, including the right to purchase and possess firearms.

Prop. 47

Since voters approved Prop. 47 in 2014, many crimes that were formerly classified as felonies or wobblers are now straight misdemeanors.  If you were convicted of a qualifying felony, you may be eligible to retroactively reduce that conviction to a misdemeanor.  Unlike a reduction under PC 17(b), though, a reduction under Prop 47 will not restore your right to purchase or possess firearms.

Prop. 64

Under Prop 64, many marijuana-related offenses were either abolished entirely or reduced from felonies to misdemeanors.  Individuals who have old marijuana-related convictions may also be eligible to have those charges dismissed or reduced.  If an old felony conviction is reduced or dismissed under Prop 64, you may become eligible to restore your gun rights.

PC 1203.4 

The final option to clean up your criminal record in California is a PC 1203.4 Petition for Dismissal (commonly known as an "expungement").  Under PC 1203.4, you may be eligible to have an old case dismissed after you have successfully completed probation.  If you were sentenced to prison, you are probably not eligible for relief under 1203.4, but there are some exceptions. 

If you or a loved one has questions about cleaning up your criminal history or applying to have a felony removed from your record, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton Expungement Attorney

Seal Your California Arrest Records

There's a new procedure in California to seal your arrest records.  This new law will be a huge benefit to anyone who has been arrested but not convicted for a crime.

This is not the same as an expungement.  As I've previously written on this blog, an expungement in California does not completely hide the fact that your case ever happened.  Instead, it simply changes your criminal history report so that your old conviction shows up as a dismissed case.  Expungements are helpful for people who were once convicted of a crime, but later complied with probation and remained law-abiding.  Once an expungement is granted, you can honestly state on most job applications that you have never been convicted of a crime.

The procedure I want to discuss today is a little different.  This new law, PC 851.91, is specifically intended to help people who were arrested but NOT convicted of any crime (i.e., the DA declined to file charges, the case was dismissed, or the petitioner was acquitted by a jury).

Until now, a petitioner who wanted to seal his arrest record had the burden of proving that he was "factually innocent" of the charges for which he was arrested.  That can be nearly impossible.  Being factually innocent is not the same as being "not guilty".  Remember, to be convicted of a crime, the DA must prove the defendant guilty "beyond a reasonable doubt".  That's pretty high burden.  The law doesn't define "beyond a reasonable doubt" in terms of a percentage, but most law school professors will tell you that it is probably the equivalent of being 98-99% sure of the defendant's guilt.  In some cases, though, the DA might only be able to prove that the defendant is "probably" guilty (let's say, 60-75% sure).  In those cases, the DA has failed to carry the burden of proof and the defendant is not guilty.  That doesn't necessarily mean that he's "factually innocent", it only means that the DA could not prove the defendant's guilt with enough confidence to sustain a conviction.  Under the old rule, a defendant who had beaten a criminal case and wanted to seal his arrest record basically had the burden of proving himself innocent (0% guilty), and that was extremely difficult.  As a result, a lot of people were stuck in a weird, gray area -- they had never been convicted of a crime, but they still had an embarrassing arrest record.

Under the new rule, though, you no longer need to prove yourself "factually innocent" to seal your arrest record.  Now, you only have to show that the arrest did not result in a conviction.  If you were arrested and the DA declined to file charges, charges were dismissed, or you were acquitted by a jury, our office can help you ensure that your embarrassing arrest records and police reports are never released to the public.

Even if you were never charged or convicted for any crime, an arrest record can make your life difficult.  When you apply for a job and your prospective employer runs a background check, they are going to see an arrest with no disposition.  They are going to have questions about the case -- were you convicted?  Were you acquitted?  Did you participate in some diversion program?  Good luck getting a job with those records following you around.  The same problem arises when you try to purchase a firearm and your record shows an arrest for some disqualifying offense, like domestic violence or assault.  Plus, it's just embarrassing.  Getting arrested was probably one of the worst nights of your life.  There's no reason that experience needs to be rehashed every time you submit to a background check.  

There are a lot of criteria that you have to satisfy before you're eligible to seal your arrest records, and the process is a little complicated, but we can help.   If you or a loved one has questions about sealing your record in California, call us for a free attorney consultation. 714 449 3335. Ask for John.

Seal Arrest Records in Fullerton

How to Restore Gun Rights in California

There's been a lot of talk in the news media lately about keeping guns out of the hands of felons. Gun control is one of the most divisive issues today, and California has decided to take an aggressive lead in the movement to further restrict firearms.

If you are ineligible to purchase or possess firearms due to a criminal conviction in California, there are a couple ways by which you might be eligible to restore your Second Amendment rights.

California law offers several different options for cleaning up your old criminal record. Some (not all) of those options may have the effect of restoring gun rights. I'll try to explain the differences between these legal procedures.

Post Conviction Relief in California

After a defendant is convicted of a crime in California, state laws offer him a few different ways to clean up his criminal record. These procedures are collectively called "post-conviction relief".

Forms of post-conviction relief in California include:

-1203.4 Dismissal (commonly called an "expungement"):  A successful 1203.4 petition may change a defendant's criminal record so that the case shows up as a "dismissal" rather than a "conviction" when a prospective employer runs a background check. It's a great option if you're trying to get back to work after being convicted of a crime, but an expungement does nothing for gun rights. If you read the instructions on the paperwork carefully, they clearly inform the petitioner that a 1203.4 dismissal will not relieve him of his duty to register as a sex offender and will not restore his rights to purchase or possess firearms.

-Prop. 47:  In 2014, California voters approved Prop. 47. That ballot initiative reduced many crimes (such as drug possession) from felonies or "wobblers", to straight misdemeanors.  That law became retroactive, so people who had been convicted of felonies many years ago were suddenly eligible to apply to have their old cases reduced, even if they performed poorly on probation and had subsequent arrests. Unfortunately, a retroactive reduction under Prop. 47 will not restore gun rights, either.

-PC 17(b):  Section 17(b) of the California Penal Code allows judges to reduce some felonies to misdemeanors "in the interests of justice". Not all felony convictions are eligible for reduction under 17(b). Only "wobblers" potentially qualify. Wobblers are crimes that can charged as either felonies or misdemeanors, at the discretion of the DA. Common wobblers include domestic violence with injury, vehicular manslaughter and making criminal threats.

A reduction under 17(b) will restore firearms rights, assuming the defendant has no other disqualifying factors. Even if a felony conviction for domestic violence is reduced to a misdemeanor under 17(b), though, the applicant may still be ineligible to possess firearms. If the defendant and the victim were married at the time of the offense, federal law prohibits the defendant from purchasing or possessing firearms for life. If they were NOT married and the crime was treated as a misdemeanor, federal law does not apply. California law, however, still prohibits anyone with a misdemeanor conviction for domestic violence from possessing firearms for a period of 10 years following the conviction.

A judge may grant a 17(b) petition at any time -- before trial, after trial, while the defendant is serving a sentence, or after the defendant has completed his sentence.

In order to receive a reduction under 17(b), the applicant must demonstrate "good cause", and must demonstrate that the requested relief "serves the interests of justice". There is no magic formula for satisfying these requirements. Judges are reluctant to grant these requests, so the petitioner must be prepared with some pretty compelling arguments. In almost every post-conviction 17(b) hearing I've ever attended, the judge begins the proceedings with some version of this speech:

Back when this case was filed, the DA had the choice of treating the matter as either a felony or a misdemeanor.  They made the decision to file a felony charge, based on the nature of the offense and the defendant's criminal history.  The defendant had a fair opportunity to negotiate a settlement and he chose to accept a plea deal which included a felony conviction.  He did not have to accept that deal, but he did so because it was in his best interests at the time.  Now he wants to back out of that deal.  Explain to me why I should allow him to renege on his end of the bargain.

Judges like to hear these types of arguments (if they're true and relevant):

-Due to some change in circumstances, a plea deal that seemed fair at the time is no longer fair. "Change in circumstances" is the key here. The judge doesn't want to hear that you received a bad deal at the time of sentencing; he wants to hear that you received a fair deal at the time of sentencing, but things are so different today that the offer you accepted no longer serves the interests of justice.

-The defendant has really turned his life around in a commendable way. He has remained law-abiding for some length of time and he has made serious contributions to society in the form of community service, etc. He was in a dark place years ago, but he has now completed counseling, earned a diploma, gotten married and had kids, and addressed the issues that once caused him to commit crimes. It helps if the petitioner can explain how this felony conviction is preventing him from doing more good for his community (e.g., if the case were reduced, he would have more opportunities to counsel at-risk kids, go back to school, join the military, become a licensed therapist, etc.).

-The DA agreed in plea negotiations that the defendant would be eligible for 17(b) relief after certain conditions were met, and those conditions have been met. Conditions might include paying all victim restitution, completing some form of counseling, remaining law-abiding for a period, etc.

Judges do not want to hear a 17(b) petitioner argue that he is factually innocent of the charges. If a petitioner maintains that did not commit the crime(s) for which he was convicted, he should have fought the case when he had the opportunity to do so. If he was convicted by a jury, he should have followed the proper channels for appealing his conviction. A 17(b) hearing is not the time to argue guilt or innocence -- those issues have been determined a long time ago. The 17(b) hearing is the petitioner's chance to convince a judge that his old felony conviction is no longer fair and appropriate.

-Gubernatorial Pardon

The last option for restoring gun rights in California is to apply for a pardon from the Governor. The Governor of California has the authority to pardon individuals for certain felony convictions that occurred within the state. The procedure to apply for a pardon varies, depending on the offense for which the applicant was convicted.

According to the Governor's office:

A California Governor's pardon is an honor traditionally granted only to individuals who have
demonstrated exemplary behavior following conviction for a felony. A pardon will not be
granted unless it has been earned. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction. The Governor has complete discretion in deciding whether to grant a pardon. A pardon is a privilege—not a right—and not granted to every person who applies.

A gubernatorial pardon will restore gun rights in most cases, unless the applicant was convicted of a crime involving dangerous weapons.

Consulting with an experienced, local attorney will significantly improve your chances of success if you're considering any of the options described here. If you or a loved one has questions about cleaning up a criminal record or restoring gun rights in California, call us for a free consultation. (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Gun Lawyer

Clean Up Your Criminal Record

Updated for 2019

If old criminal convictions are haunting you and making it difficult to find a job (or a better job), you may be eligible for an expungement, or a reduction of the charge from a felony to a misdemeanor. You might even be entitled to have your entire arrest record sealed from the public.

Dismiss Old Convictions

California law provides a few procedures to have old cases dismissed after a period of time.  Once your case is dismissed, you can honestly say that you have no criminal convictions in your background.

An expungement does not erase or seal your criminal record, it simply changes the record so that the case shows up as a "dismissal" rather than a "conviction" for most purposes.  Employers may not legally discriminate against job applicants whose cases have been dismissed (in most cases).

There are lots of criteria that you must meet before the court will grant an expungement.  To start, you cannot have any other open cases and you cannot be currently on probation.

• If you were granted probation and you successfully completed the entire term, you are immediately eligible to apply for a dismissal.  
• If you completed probation but you also had some "hiccups" -- maybe you missed some deadlines and you had to go back to court for reinstatement -- then the judge has discretion to decide whether or not an expungement "serves the interests of justice".
• If you served a "county prison" sentence with mandatory supervision, you must wait one year from the date of your release.  If you served a felony county sentence without  mandatory supervision, then you must wait 2 years. 
• Even if you were sentenced to state prison, you may now be eligible for an expungement if you would have received county time under today's laws.  

Since the passage of Prop. 64, many old marijuana convictions are also eligible for dismissal now.  If you were previously convicted for some marijuana-related offense that is now legal (cultivation or possession for personal use), call us to discuss your options.

Expungements under PC 1203.4 do not restore gun rights.  

Terminate Probation Early

If you are currently on probation, you may apply to terminate your probation early.  Section 1203.3 of the Penal Code gives judges in California the authority to release you from probation at any time. Judges are looking for "good cause" to do so.  "Good cause" usually means some compelling argument that the deal you previously accepted is no longer fair, or some showing that the "interests of justice" would be served by granting you leniency.  Once a judge agrees to cut your probation short, then you may immediately become eligible to apply for an expungement.

Judges are usually reluctant to release defendants from probation early, so it helps to have a qualified, local attorney help prepare your 1203.3 petition.  A qualified, local attorney (like myself) understands how to present your argument so that the court is more likely to grant your request.  

Clear Old Warrants

If your performance on probation has been less than excellent, or if you have outstanding warrants, call us to discuss your options.  Unfortunately, old warrants will never simply go away on their own.  They will continue to plague you until you take some steps to resolve the issues.  The longer you wait to address your warrant, the less sympathy you're likely to receive from a judge.  The statute of limitations does not apply to active warrants.

There may still hope, though, to recall your old warrant and to get you back onto your feet without necessarily going to jail.  Stop procrastinating and looking over your shoulder -- clear up your old warrants so that you can get on with your life.

In most misdemeanor cases, a private attorney can appear in court without you being personally present.  If you're outside of the state, we may be able to help recall a California arrest warrant and fight your criminal case without turning yourself in.  

Reduce a Felony to a Misdemeanor

California law also provides a few different procedures for reducing old felony convictions to misdemeanors.  Under PC 17(b), a judge can retroactively reduce some "wobblers" (like domestic violence or possessing a dangerous weapon) in the interests of justice.  A "wobbler" is a crime that can be charged as either a misdemeanor or a felony at the discretion of the prosecutor.  If you were convicted of a wobbler as a felony, section 17(b) of the Penal Code could provide an opportunity to get that felony off your record.  17(b) reductions can even restore gun rights.  If you have an old wobbler on your record, call us to see whether or not you might qualify to reduce that charge to a misdemeanor.

Prop. 47 provides another opportunity for individuals to reduce some felony convictions to misdemeanors.  Since voters approved that measure, many crimes that were formally classified as felonies or wobblers have now been reclassified as ordinary misdemeanors. If you have old felony convictions for theft, drug possession, fraud, forgery, receiving stolen property, commercial burglary or writing bad checks, you might qualify for a reduction under Prop. 47.

And since Prop. 64 reduced some marijuana-related felonies to misdemeanors, applicants may be eligible to have old marijuana felonies (cultivation, possession for sale, transportation, etc.) reclassified.  Reductions under Prop. 64 may also restore gun rights. 

Seal Arrest Records

Since January 1, 2018, Californians can even apply to have their old arrest records sealed.  The procedures described above can change your record of criminal convictions so that cases show up as misdemeanors rather than felonies, or so that those cases appear as "dismissals" rather than "convictions".  PC 851.91 now goes one step further -- eligible applicants can hide the fact that they were ever even arrested.

Victims of Human Trafficking 

If you have been convicted of prostitution under PC 647(b) and you can prove that you were the victim of human trafficking at the time that you committed the offense, you may also be eligible to have your conviction dismissed.  The judge can make a factual finding on the record that you were a victim of human trafficking and the court will notify the Department of Justice.  

If you or a loved one has questions about clearing old California warrants, cleaning up your criminal record, reducing old felonies to misdemeanors, or sealing your arrest record, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.

We have extensive experience helping our clients get back onto their feet in Orange County, Los Angeles, Riverside and San Bernardino.

Thanks for reading.

Orange County Expungement Lawyer

Appearing in Court at the Central Orange County Courthouse in Santa Ana: What to Expect

This post in part 2 in my series about what to expect when appearing in an Orange County courthouse.  Today, I want to discuss the largest and busiest court in the Orange County criminal justice system -- Santa Ana, A.K.A. Central Orange County.

The Santa Ana courthouse is located at 700 Civic Center Dr. West.  From the 5 Freeway, exit at Santa Ana Blvd. and follow the signs to the court.  The Central Justice Center hears criminal matters from Santa Ana, Tustin, Villa Park and Orange.

There is a large parking garage, but the fee to park is $1.50 per 20 minutes (as of 11/17/15).  There is also metered parking on surrounding streets and some lots in the area that charge a flat fee.

Since the courthouse is so big and busy, make sure you allow yourself enough time to get through the security line.  Some judges are more strict than others regarding punctuality.

The Central OC Courthouse complex features a "tower" and an "annex".  The tower is obvious -- it's the tall part.  The annex is the 3-story wing that runs along the west side of the building.

Most misdemeanors in Santa Ana are heard on the second floor of the annex.  Arraignments are usually heard in department C-54, and subsequent pre-trial conferences are conducted down the hall, in department C-48.  For more information regarding what to expect at your arraignment and what happens at a pre-trial conference, see my previous post about appearing at the North Justice Center in Fullerton.

Felonies in Santa Ana are generally handled in department C-5 until they are assigned to another room for preliminary hearings and trial.  Department C-5 is located on the second floor of the tower.

Attorneys who handle felony criminal matters in Santa Ana understand the importance of proper preparation at the early stages. Because of the building's heavy volume, judges in Santa Ana are under tremendous pressure to ensure that cases are handled expeditiously and without unnecessary delays.  They expect that attorneys are working diligently to resolve their matters from day-1.  Judges will not tolerate excessive continuances or inexplicable "foot-dragging". Attorneys from out of the area are often surprised by our local judges' hard-line policies against granting continuances.

As a criminal defense attorney who practices primarily in Orange County, I understand the importance of diving in and getting to work immediately when I'm dealing with felonies in Santa Ana.  Time is of the essence in these cases.  Discovery requests must be served on the DA at the time of arraignment to avoid delays.  Investigations must be conducted expeditiously.  I try to predict issues before they arise so that I can plan our strategy accordingly.  I even prepare motions in advance so that they're ready to file on short notice.

If you or a loved one has a criminal case in or around Orange County, call us for a free consultation. (714) 449-3335.  Ask for John.

Thanks for reading.

Santa Ana Criminal Defense Attorney

Appearing in Court at the North Orange County Justice Center in Fullerton: What to Expect

If you've been arrested or cited in North Orange County, your court appearances will probably be held at the North Justice Center in Fullerton.  North OC includes Anaheim, Fullerton, Buena Park, Brea, Yorba Linda, La Palma, La Habra and Placentia.

Today's post is about what to expect when you appear at the Fullerton courthouse.

The North Justice Center is located at 1275 N. Berkeley Ave., near the corner of Harbor Blvd. and Valley View, just north of Downtown.  From the 91 freeway, exit at Harbor and head north for about 2 miles.

First, some good news:  Plenty of free parking.  The courthouse in Fullerton features two large parking lots. If the upper lot is full, check down below.

Be prepared to go through a security screening, including a metal detector and x-ray of your bags.  They will not allow you to enter the building with any type of weapons, tools, sporting equipment, skateboards or cigarette lighters.

If you received a letter in the mail instructing you to appear in court, check the electronic monitors for your name as soon as you enter the building.  The big T.V. screens will direct you to the appropriate courtroom.  If your name does not appear on the screen, go straight to the clerk's office in room 350, located on the 3rd floor.

Misdemeanors

If you're appearing in Fullerton for your first appearance in a misdemeanor case (including DUI), your matter will probably be heard in department N-12 on the 4th floor.  Your first appearance is called the "arraignment".  At your arraignment, the judge will officially notify you of the charges.  You will have an opportunity to resolve your case on the spot by simply pleading "guilty" if you choose to do so.

You or your lawyer must personally appear at the arraignment.  Nobody else may appear for you unless he or she is a licensed attorney.  Do not send your mom or your spouse to court on your behalf.  If you fail to appear, a warrant will be issued for your arrest.

Most misdemeanors in North Orange County are prosecuted by the Orange County District Attorney's Office.  Anaheim has it's own prosecutorial agency within their City Attorney's Office that handles all misdemeanor cases arising within the City of Anaheim.  Once you find your courtroom, the next step is trying to determine who your prosecutor will be.  If you were cited or arrested in Anaheim for a misdemeanor, then you will probably be prosecuted by the Anaheim City Attorney rather than the Orange County District Attorney.  This gets complicated. If two people are arrested for the exact same crime across the street from each other -- one in Orange and the other in Anaheim -- the person arrested in Anaheim will be prosecuted in Fullerton by the Anaheim City Attorney.  The person arrested in Orange will be prosecuted in Santa Ana by the Orange County District Attorney.  Even if the cases are closely related, the prosecutors in each case might not even be aware of the other.

Your arraignment is not the day for your trial.  The judge will not hear witnesses or evidence at the time of your arraignment.  He will not allow you to explain yourself or to tell your side of the story.  If you do not believe that you are guilty, or if you want to consult with an attorney before deciding how to proceed, you may either apply for the services of the Public Defender, or you may ask for a brief continuance to retain your own private attorney.  If you tell the judge that you want to hire a lawyer before making any decisions, he will assign a new court date in 2-3 weeks.  You will not be punished for requesting an opportunity to talk to a lawyer.  In most misdemeanor cases, your private attorney can appear at the next hearing(s) without you.

If you request the services of the Public Defender at your arraignment, you must fill out a financial declaration so that the clerk can determine whether or not you qualify for court-appointed counsel.  You may be billed for the Public Defender's services if the court determines that you have the ability to pay those costs.

After pleading "not guilty" at your misdemeanor arraignment, your case will be scheduled for a series of "pre-trial conferences" around the corner, usually in department N-9.  At these pre-trial conferences, your attorney will have a chance to sit down with the prosecutor to discuss details of your case.  The prosecutor and your attorney will attempt to negotiate a fair disposition.  Depending on the unique facts and circumstances of your case a "fair disposition" could be a dismissal, a reduction of charges, or a negotiated plea bargain.  Attorneys will also exchange "discovery" -- evidence that would potentially be used by either side at trial.  Your lawyer might share a "mitigation packet" with the prosecutor -- a collection of documents, character letters, proof of attendance at AA meetings, medical records, etc. -- to argue for leniency.

Your attorney and the prosecutor can have several pre-trial conferences while they attempt to work towards a resolution.  If no agreement can be reached, or if you do not wish to accept any plea deal, then your case might eventually proceed to trial.  If that happens, then you will be sent down the hall to department N-4.  Department N-4 controls the "master calendar" for the North Orange County Justice Center.  There, a judge will assign your case to a courtroom for trial, based on the court's availability.  If there are no courtrooms available in the Fullerton courthouse, your case can even be transferred to another courthouse in Orange County for trial (Westminster, Santa Ana or Newport Beach).

Felonies

If you're appearing in Fullerton for a felony case, your arraignment will probably happen on the 3rd floor, in department N-3.  The felony arraignment procedure is similar to misdemeanor cases, except that the judge will not allow a defendant to simply plead "guilty" at his or her first appearance, even if the defendant wants to.  Felony cases are too serious and too complicated to wrap up cleanly in a single appearance.  Your attorney will need to thoroughly review the allegations and the evidence before advising you whether or not to accept any plea deal in a felony case, and that's not possible at the arraignment stage.

After pleading "not guilty" in your felony case, you will have a series of pre-trial conferences, just like in misdemeanor cases.  Again, your attorney will sit with the DA, discuss the evidence, and try to negotiate a fair resolution.

If no reasonable resolution can be agreed upon, then your felony case will proceed to the "preliminary hearing" stage.  At the prelim, the DA will present evidence to try to convince a judge that there exists "probable cause" to "hold you to answer" for the charge.  The DA must prove that there is a good reason to believe that a felony has been committed and that you are the person who committed it.  They will usually call an investigating officer who may testify as to what he saw and heard at the time of your arrest.  The investigating officer may even testify as to "hearsay" during the prelim, even if some of these statements might not be admissible at trial.

If the judge finds that there exists "probable cause" and he decides to "hold you to answer" after the preliminary hearing, then you and your attorney will begin to prepare for trial. Long, complicated trials are usually transferred to Santa Ana. The Santa Ana courthouse is better equipped to accommodate large jury pools, crowds of spectators and reporters, and lengthy matters that might occupy a courtroom for weeks at a time.

Post-Conviction Proceedings

If you've previously been convicted of a crime, you were probably placed onto probation with lots of terms and conditions imposed. The judge might have ordered to you complete classes / counseling, take drug tests, attend AA meetings, perform community service, or pay fines. You might also have "progress report hearings" scheduled.

A "progress report hearing" is just what it sounds like -- a chance for the judge to check up on the progress of whatever program(s) you were ordered to complete.

Judges in Fullerton are notoriously strict at progress report hearings.  They expect you to fulfill your end of whatever bargain you agreed to.  If you have failed to comply, then the judge will almost certainly impose consequences.  Those consequences may include jail time.  Judges in Fullerton will not be moved by sad stories.  They don't care that the court-ordered classes have been inconvenient for you to attend or that they conflict with your work schedule.  They will not sympathize if you cannot coordinate transportation or child care.  They expect you to comply.  If you demonstrate that you cannot or will not comply with the terms of your probation, then those terms will simply be converted to straight time in the Orange County Jail.

If you expect to have trouble complying with the terms of your probation, or if you know that a violation is imminent due to circumstances beyond your control, you or your attorney must go before a judge before you miss a court-imposed deadline.  Explain the problem and bring any supporting paperwork to show the judge.  If you can demonstrate that you are making a good-faith effort to comply, and you are proactive about bringing your problem to the judge before your problem becomes a violation, then the court might accommodate you.  The judge can grant you an extension or convert a portion of your sentence (e.g., fines to community service, or vice versa).

That's the short version of what to expect when appearing in court at the North Orange County Justice Center in Fullerton.  Here's a cheat-sheet for important offices located inside the building:

-Collections Department:  1st floor.  They accept payments for all criminal and traffic matters. The line gets long by mid-morning. I'd recommend getting there early.

-Criminal & Traffic Clerk:  3rd floor. If you show up but your name is not on the electronic screen, check in here. Start here if you need to add yourself onto the court's calendar (to recall a warrant, to request an extension for something, etc.).

-District Attorney's Office:  3rd floor, along the North wing.

-Probation Department:  3rd floor, near the Criminal & Traffic Clerk

-Anaheim City Attorney's Office:  4th floor, along the South Wing

-OneOC (Volunteer Center):  4th floor. Go here to sign up for community service if the judge orders you to do so. OneOC will assign you to an approved non-profit group in your area where you may perform your labor.

If you or a loved one is arrested in Fullerton / North Orange County, or if you have a pending court date in the North Justice Center, call us for a free consultation.  (714) 449 3335. Ask for John.

Thanks for reading.

Fullerton Criminal Defense Attorney

Announcing Our New Fullerton Location

I'm proud to announce the opening of our firm's newest branch office on the 9th floor of the Fullerton Towers, 1440 N. Harbor Blvd.  Located just a block from the Fullerton Courthouse (North Orange County Justice Center), this space will allow us to better serve our clients in Fullerton, Buena Park, Brea and Anaheim.

Our main office will remain in Santa Ana.  I also plan to keep branches in Riverside and San Bernardino for the convenience of my clients in the Inland Empire.

As a local boy, I'm excited about this new opportunity to serve clients in my home town.  There's no place I'd rather be.

If you or a loved one is accused of a crime in Fullerton, call for a free consultation.  (714) 505-2468. Ask for John.

Thanks for reading.

Fullerton Criminal Defense Lawyer

Cleaning Up Your Criminal Record in California

If you've ever been convicted of a crime in California, there may be several options available to help you clean up your criminal record for a fresh start in the new year.

Your criminal record is public. Anyone who cares can quickly and easily access detailed reports regarding any criminal charges that have ever been filed against you, even if you were later acquitted of those charges or the case was dismissed. These public records will continue to cause you embarrassment, can prevent you from getting hired or promoted, and may also be grounds for loss or denial of a professional license.

Luckily, our office has extensive experience in helping people clean up their criminal records so that they can get back onto their feet and on with their lives.

I've previously written about expungements -- what they can (and can't) do, who qualifies and how the process works. In a nutshell, an expungment will dismiss an old case against you after you have successfully completed probation and served all other penalties. An expungement will not completely hide the fact that you once had an criminal charge, but will change aspects of your record so that your criminal history no longer shows a "conviction".

If you're currently on probation, you aren't eligible for an expungement. You might, however, be eligible for early release from probation. There is a process for asking the judge to let you off probation early. This is something we can help you with. Typically, a judge wants to see that you have completed a majority of your probation (at least 2/3 or 3/4 of the total term), that you have had excellent performance so far while on probation, and that there is some compelling reason that justice would be served by letting you off early (like going back to school or accepting a new job, etc.).

If you've ever been convicted of a felony, there are a couple ways that you might be eligible to have that charge reduced to a misdemeanor. The first option is called a "17(b) Petition". 17(b) petitions apply when you've been convicted of a crime that is categorized as a "wobbler" -- one that may be filed as either a felony or a misdemeanor -- if the DA elected to charge you with a felony. We may petition the court to later drop that charge to a misdemeanor. This doesn't work for every felony charge, because not every felony is a "wobbler" (not every felony may alternatively be charged as a misdemeanor. Drug sales, for example, is a straight felony and cannot be reduced by a 17(b) petition).

Since California voters passed Prop. 47 in November, some felons are now entitled to have their charges reduced to misdemeanors. Unlike 17(b) petitions, Prop. 47 petitions do not require any showing of "good cause", or a compelling reason why a reduction serves the interest of justice. For that reason, they may be easier to obtain in some cases than the old-fashion 17(b). Prop. 47 petitions can be filed at any time -- while a case is pending, while an applicant is currently serving a sentence after conviction, or even after the applicant has been released from custody. Prop. 47 took many charges that had previously been classified as "wobblers" and reduced them to straight misdemeanors. Determining a person's eligibility for relief under Prop. 47 can be complicated because the law includes a lot of exceptions and caveats, but we can help evaluate your chances of success.

If you or a loved one has questions about cleaning up your criminal history, call our office for a free attorney consultation. (714) 449-3335. Ask for John.

Thanks for reading.

Fullerton Expungement Lawyer

How to Get an Expungement in California

If you've been convicted of a crime in California, you may be eligible to clean up your record with an expungement.  Expungements are governed by section 1203.4 of the Penal Code.  Once granted, they have the effect of dismissing a case against you after you've finished serving all your penalties.  After your record has been expunged, you can honestly tell most employers that you have no criminal convictions in your past. Like everything else in the law, though, there are some exceptions.  I'll get into those below.

In order to qualify for an expungement, you must meet the following criteria:

1) You were convicted of a crime in California (infraction, misdemeanor or felony, with a few exceptions).
2) You were NOT sentenced to state prison (county jail is OK, but state prison is not).
3) You received probation and you successfully completed your term of probation without any violations, OR you received a terminal disposition (no probation) and you've waited more than one year since the conviction, OR you violated probation, but there's a very compelling reason why the judge should make an exception for you and grant the expungement anyway.
4) You have no other active, open or pending criminal cases, and
5) You're not currently on probation or parole in any other cases.

If all of these factors are satisfied, congratulations!  You're probably eligible to petition the court for an expungement.

To start the process of your expungement petition, you (or your attorney) must complete a couple documents, called a "CR-180" and a "CR-181", available here.

After filling out those forms completely, they must both be properly served on the DA who prosecuted your case and they must be filed with the court where your case was heard.  Service must be made by someone else (you may not serve your own documents).  The person who mails or delivers the documents to the DA must also complete a "proof of service" form and include that document when the petition is filed with the court.  The court's filing fee for expungement petitions varies from $60.00-$150.00.

Once your petition packet has been served on the DA and filed with the court, the DA has 15 days to respond with any reasons that they believe the petition should not be granted (for example, if they believe that the petitioner did not successfully complete probation or if they believe that the petitioner has some other active, open cases.  The process can get complicated if the petitioner has a common name and other people with the same name have recent criminal activity).

Next, a judge will review your petition and the DA's response.  Typically, if you are clearly eligible and the DA has no opposition, the judge will simply sign the proposed expungement order and will return it to you by mail within 6-8 weeks.

If the DA opposes your expungement petition, the court will schedule a hearing for both sides to appear before a judge and to explain why the expungement should or should not be granted.

After your expungement petition is granted and signed by a judge, your criminal record will be amended to show that your old case has been dismissed.  An expungement will not completely erase the case from your record, but it will erase the fact that you pleaded "guilty" or "no contest", or that you were convicted by a jury.  For most private employers, that's as good as if the whole matter never happened.  As I mentioned above, though, there are some exceptions.  If you apply to be a police officer or if you seek to enter some profession that is licensed by the state (e.g., doctor, lawyer, nurse, dentist, notary, bail bondsman, contractor, insurance broker, Realtor, etc.), the licensing body responsible for that profession may still consider the prior conviction.  The same is true if you own a market and you apply to sell lottery tickets.  For some reason, the state lottery does not recognize California expungements.

This is the expungement process in a nutshell, but it's obviously a lot more complicated than that.  If you have questions about your eligibility for an expungement in California, call our office for a free consultation.  I'll never charge you a penny to answer your questions.  If this entire process sounds too complicated or time-consuming, let us handle everything for you.  We have extensive experience with expungements in all Southern California courts, including in Los Angeles, Orange, Riverside, San Bernardino and San Diego Counties.  Our fees are competitive and depend on the nature of your case.

Other firms will quote you a low price to get started, then they'll bury you in hidden fees.  We never charge hidden fees.  I will quote you a fixed price up front.  I will also be personally responsible for your case until it is resolved.  You will never be handed off to an intern or a less-experienced junior partner.

Invest in your future by cleaning up your past.  Don't waste another day if your old mistakes are standing between you and a better job.  Call for a free consultation (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Expungement Attorney

Give a Loved One the Gift of a Fresh Start -- Affordable Expungement Packages Now Available

Does someone in your life have a criminal conviction that's standing between them and the things they want to achieve?  Husband can't find a good job because of an old DUI?  Daughter can't get into school because of mistakes she made years ago?  This holiday season, give someone you love a gift they really need...an expungement!

As I've previously written on this blog.  An expungement is California's way of dismissing a case after someone has successfully completed serving his or her penalties.  After an expungement is granted, it's like the conviction never happened (for most purposes, some exceptions).

An expungement can dramatically improve your job prospects and your chances of holding various professional licenses or being admitted to a good school.  Give someone you love a second chance to accomplish all the things you know they're capable of.

Expungements aren't for everyone.  There are several strict criteria that a petitioner must meet in order to earn the expungement.  Specifically, it's important that the petitioner:

1) Successfully completed probation.  If probation was not granted, petitioner must wait one year from the date of the conviction.

2) Is not currently on probation in any other cases.  If the petitioner is still on probation, we might be able to help terminate probation early.

We provide free consultations to help determine whether or not you or your loved one qualifies for an expungement.  If you do not qualify, there may be other options available for you.  After your consultation, we will prepare all necessary paperwork to begin the process of petitioning for your expungement.  The documents are fairly simple, but any small error can result in a denial of the petition.  After preparing the documents, we will take care of serving those documents on the prosecutor and properly filing them with the court.  We will also appear in court on your behalf for any necessary appearances.  In most cases, you do not need to be personally present in court for these hearings (some exceptions may apply).

Call us for your free consultation at 714 505 2468.  Thanks for reading.

How to Clean Up Your Criminal Record, Part II

I've previously written a post, available here, about the process for obtaining an expungement in California.  Today, I want to discuss the procedure for obtaining a Certificate of Rehabilitation & Gubernatorial Pardon.

If you read my post on expungements, you'll know that an expungement dismisses a case against you AFTER you've successfully completed probation and satisfied all terms of your sentence.  An expungement will not "seal" your record -- your criminal record will still exist and it will still be public.  Rather than showing a conviction, however, your criminal record will show a dismissal after the expungement is granted.  This allows you to honestly state that you have no criminal convictions when you apply for jobs in the future.  An expungement will not restore your right to possess firearms and will not relieve you of your duty to register as a (fill-in-the-blank) offender.

If you were sentenced to state prison in a felony case and were not given probation, then you are not eligible to apply for an expungement.  Luckily, there may be another option available to help you clean up your criminal record.

Individuals who have been committed to state prison may apply for Certificate of Rehabilitation (hereinafter, a "CR") after a specified period of time has elapsed.  Unlike an expungement, a CR will not dismiss the charges against you.  It will, however, serve as an official acknowledgement of your reformation and continued good conduct.  When prospective employers run background checks on you, they will see that you made mistakes in your youth, but also that you learned from those mistakes and that you remained law-abiding thereafter.  A CR may also improve your prospects of obtaining various state-issued licenses (e.g. to become a nurse, chiropractor, attorney, etc.).

The amount of time that you must wait before applying for a CR depends on the nature of the crime for which you were convicted.  Generally, an applicant must remain law-abiding for 7-10 years after his or her release from prison before becoming eligible to apply for a CR.  You must also show that you have resided in California for the required period, have not been incarcerated since your release from prison, and are not currently on parole or probation.

To begin the process, an applicant must file several documents with the local court.  These documents are referred to as the "Petition for Ascertainment", the "Declaration of Rehabilitation" and an "Order Declaring Petitioner to be Rehabilitated".  A judge will review the application packet to determine the petitioner's eligibility.  Aside from the factors listed above, the court is specifically looking for 4 criteria:

-Has the petitioner lead an "honest and upright" life since his or her release from prison?
-Has the petitioner conducted himself or herself with "sobriety and industry"?
-Has the petitioner exhibited "good moral character"?, and
-Has the petitioner conformed to and obeyed the laws of the land?

If the court is satisfied that you are eligible for the relief requested, the judge will sign the Order that you provided with your application packet.  Once it is signed by a judge, the Order becomes a "Certificate of Rehabilitation".  A judge has essentially declared you to be "officially rehabilitated".

The court will then send a copy of the signed Order to the governor's office, along with a recommendation that the governor grant the petitioner a full Gubernatorial Pardon.  This is done automatically, without any further requirements of the petitioner.  If granted, a GP will dismiss the charges completely, similar to what an expungement does.  Unlike an expungement, however, a GP may restore firearms rights and may even relieve some petitioners of their duty to register as sex offenders.  A GP also differs from an expungement in another key regard -- having received a pardon does not allow the pardoned person to state on a job application that he or she has no criminal convictions.  It will allow a previously-convicted felon to serve on a jury, but it will not necessarily prevent deportation.

So, that's the process in a nutshell.  There are a lot more boring details that I'd be happy to discuss with anyone who cares to ask.

If you've ever wondered about your eligibility for an expungement, a Certificate of Rehabilitation, and / or a Gubernatorial Pardon, call my office for a free consultation. 714 449 3335.

Thanks for reading.

What Can an Expungement Do for Me? Glad you asked.

In 1935, the California Legislature enacted section 1203.4 of the Penal Code, establishing the legal groundwork for our expungement process.  Since then, individuals who have been convicted of crimes now have a procedure for cleaning up their criminal records by demonstrating reformation and continued good conduct.

An expungement essentially dismisses a case against you AFTER you've successfully served all penalties, including payment of all fines and court costs.  An expungement will not completely erase the fact that you were ever arrested and charged with a crime.  Rather, it retroactively changes your "guilty" plea to "not guilty".  After your petition is granted, your conviction will show up as a dismissal on a court records search.   

Generally, in order to be eligible for the benefits of 1203.4, a petitioner must meet the following criteria:

1) You must have successfully completed probation for a felony or misdemeanor.

If you were sentenced on a misdemeanor or infraction and not given probation, you must wait one year from the date of your conviction or your release from custody, whichever came later.

If you were sentenced to prison on a felony and not given probation, you are ineligible for an expungement, but you may qualify for a gubernatorial pardon.

2) You must not have any other open / pending cases and you must not be on probation or parole in any other matters.

3) You must pay the $120-150 filing fee.

That's it.  Not terribly complicated.  There is usually no argument involved.

There still seems to be a lot of confusion surrounding expungements, and some valid debate over their actual value.  One popular misconception is that an expungement will "seal" your record, or completely erase any mention of the fact that you were once convicted of a crime.  As mentioned above, not so.  Even after your petition is approved, anyone who understands criminal law in California will STILL be able to see that you were arrested, convicted and that you later paid $120.00 for an expungement.

An expungement will not restore firearms rights.  If you've ever been convicted of any felony or certain misdemeanors, you may not be eligible to own or possess firearms.  An expungement will not have any effect on this.

An expungement will not have any effect on sex offender registration.  There is a procedure for having yourself removed from the Megan's Law website and from the statewide Sex Offender Registry, but a 1203.4 petition is not it.

If you ever apply to become a police officer, you're still going to need to disclose any conviction that has been expunged.  The same goes for applications to the State Nursing Board.  If you win the lottery, they're also interested in expunged convictions for some reason.

Finally, an expungement has no effect on any DMV actions against your driver's license.

So what's the point?  Why on Earth would anyone go through the process of expunging their old convictions if the conviction will STILL be a public record and they STILL won't be allowed to carry firearms?

The best reason to expunge old convictions is to improve your job prospects.  In California, it is unlawful for a prospective employer to discriminate against an applicant based solely on criminal charges that have been dismissed.  In fact, it's illegal for them to even ask about convictions that have been expunged.  If you read the fine print on most job applications, you'll notice that they probably ask about felonies and misdemeanors.  It also probably says that you need not disclose any conviction that has been dismissed pursuant to PC 1203.4.  If an old "Drunk in Public" ticket is standing between you and your dream job, an expungement might be right for you.

As mentioned above, there is usually no argument involved in 1203.4 hearings.  The issue is (usually) limited to whether or not the petitioner has successfully complied with probation for the entire term thereof and whether or not the petitioner has remained law-abiding.  If so, the petitioner has earned the expungement.  If the petitioner has NOT complied with probation or has NOT remained law-abiding, then he or she has NOT earned the expungement.  Judges do have some discretion to grant expungments where they have not technically been earned, but it usually takes a VERY compelling reason to convince them to do so.

The most common reason that expungement petitions are denied is for failure to successfully complete all of the terms of probation.  Typically, the court will deny an application if fines are still owed or if the petitioner has not completed a court-ordered program (e.g. CalTrans, Community Service, etc.).  If court records show that some term of probation is still outstanding, the DA will oppose the petition and the court will schedule a 1203.4 hearing to hear argument.  Argument is limited to whether or not probation was successfully completed.  If your petition is scheduled for a hearing, bring all of your documentation with you when you come to court.  You might be asked to prove that you have actually done all of the things that you were ordered to do.  It is very common for the court to lose or misfile paperwork so you'll want all of your receipts to show the judge that you paid your fines and took your classes as ordered.

As always, the smartest way to start the process is by speaking with an attorney.  A qualified criminal defense lawyer can at least tell you whether or not you're eligible for 1203.4 relief before you invest too much time, effort and money into the process.  When in doubt, call me for a free consultation. 714 449-3335. I'll look up your record and review any paperwork before I accept a dime from you.  As much as I want to take your money, I won't do so unless I can actually help.