Clear My Record

What is a Proposition for an Expungement?

An expungement is a dismissal of a previous conviction. Under Penal Code

§1203.4, an expungement may be granted in any case in which a person was granted and successfully completed probation

and all classes if mandated. This includes payment in full of all fines and restitution.

Penal Code §1203.4a provides similar relief to a person convicted of a misdemeanor but wasn't granted probation. Relief is available under this section at any time after the lapse of one year from the date of sentencing, provided the person (i)

fully complied with and performed the sentence of the court, (ii) is not presently serving a sentence, (iii) is not presently charged with any crime, and (iv) has,

since being sentenced, lived an honest and upright life.

Felonies deemed wobblers, (offenses which may be charged as misdemeanors or felonies), may be reduced to misdemeanors in conjunction with a motion for expungement. Penal Code

§17(b) provides for such relief, in certain cases.

Who cannot get relief under §1203.4?

• Those who were convicted of a felony and sent to prison
• Those who were convicted of the following sex related offenses: Penal Code §§286(a), 288, 288a(c), 288.5, 289(j) and a felony conviction for 261.5(d)
• Those who were convicted of the following Vehicle Code offenses: §§2800, 2801 and 2803.
• Those who are currently serving a sentence and/or on probation.

How do I get PC 1203.4 Relief?

• Complete a petition for dismissal form for each qualifying case.
• Then submit the form to the Superior Court and District Attorney in the County where the conviction occurred.
• There is a $150.00 filing fee for cases where probation was granted. If probation was not granted the filing fee is $60.00.
• The filing fee may be waived by filing a Financial Declaration. 

Do I need a lawyer to file a petition?

Not necessarily. But if you are unsure if you qualify, it is a good idea to consult a lawyer. Also, because sometimes evidence may be required to prove you qualify, a lawyer's advice may be useful.

What if I want a lawyer's help?

While you don't need a lawyer, you may want one. You can hire a lawyer, or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, 2nd floor, in Salinas, California, to pick up a request form. All information will be kept confidential.

What are the effects of Expungement?

It Will:

• Result in the dismissal of the case;
• Allow you to answer on job applications that you have not been convicted. If, however, you are applying for a government job or a job which requires a government issued license, certificate of permit or a job which involves a security clearance, the conviction will be discovered;
• If the conviction was for a felony, it is the first step in obtaining a pardon.

It Will Not:

• Remove the conviction from your rap sheet. Your record will reflect a conviction and a dismissal pursuant to 1203.4;
• Allow you to omit the conviction on applications for government issued licenses;
• Seal or otherwise destroy the records
• Allow you to omit the conviction in response to any direct question contained in any questionnaire or application for public office, or for licensure by any state or local agency, or for contracting with the California State Lottery Commission.

What is a Certificate of Rehabilitation?

Certificate of Rehabilitation (COR) is a court order declaring a person convicted of a crime is now rehabilitated.  It is generally the second step in cleaning up a record for those who were convicted of felonies but had the case dismissed/expunged or the first step for those who were convicted of felonies and were sent to state prison.

People convicted of a limited number of misdemeanor sex offenses may also apply for a COR. Note: getting a COR does not seal or remove anything from your record but it may help with applying for work, housing, and professional licenses.

As a general rule, if you were convicted of a felony or certain misdemeanor sex crimes you may apply to the Superior Court in the county where you live for a COR, provided you meet the legal requirements of demonstrated rehabilitation.

A COR, if granted, automatically becomes an application for a Governor's Pardon. The Governor's receipt of a COR is not a guarantee that a pardon will be granted.

What is a Governor's Pardon?

A declaration by the governor that recognizes the efforts of the applicant to return to the status of law abiding, productive citizen. A pardon does not make your criminal record disappear.

A COR is a court order saying you have been officially rehabilitated. It restores some rights that were forfeited by a conviction. It can:

• Demonstrate your rehabilitation which may improve housing/job opportunities;
• Enhance your potential for licensing consideration by a state board;
• Relieve some (but not all) sex offenders of further duty to register;
• Serve as an automatic application and recommendation for a Governor's pardon.

What does a Governor's Pardon Do?

• It allows someone who has been convicted of a crime to serve on a jury;
• It can allow restoration of firearm rights, upon federal approval, to specified offenders if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon;
• It allows a felon to be considered for appointment as a county probation officer or state parole agent, but not to other law enforcement positions;
• It allows specified sex offenders still required to register after obtaining a COR to be relieved of their duty to register if granted a full and unconditional pardon.

How do I get a COR and Governor's Pardon?

You need to file a Petition for Certificate of Rehabilitation in the county where you currently live. If you live in Monterey County, you can get a copy of COR/Pardon packet from the Monterey Superior Court website, the Court Clerk's Office, Probation Department or Public Defender's Office.

If applying directly for a Governor's Pardon, you can find detailed instructions and the required forms at www.gov.ca.gov.

Who may be eligible for a COR?

You must wait a MINIMUM of seven years or longer, depending upon the crime, after your release from custody before you can apply. During this time, you must show you stayed out of trouble and lived the life of an upstanding citizen.

There are certain crimes which are ineligible for a COR. If you are currently in the military or live outside California you are ineligible for a COR, however you may be eligible to apply for a direct pardon.

Do I need a lawyer to file a COR or Governor's Pardon?

Not necessarily. You can fill out the forms and file them yourself.

While you don't need a lawyer, you may want one. You can hire a lawyer or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, 2^nd floor, in Salinas, California, to pick up a request form.

What is a Petition to Seal Adult Arrest?

A person who has suffered an arrest in California that did not result in a conviction may petition to have their arrest and related court records sealed. Starting January 1, 2018, Cal. Penal Code §851.9 allows for sealing of misdemeanor and felony arrest records for adults. This is a different process than sealing arrest records for people who are factually innocent (Cal. Pen. Code §851.8)

How do I get my arrest records sealed?

You need to file a petition in the court where the arrest or prosecution occurred and serve copies upon the prosecutor and arresting agency. You do not have to prove factual innocence.  In some circumstances, you may need to file a declaration explaining how the interests of justice would be served by granting your petition.

What will a Granted Petition to Seal Arrest

• Hide the arrest from public view;
• Seal your arrest record, police report, and related court records;
• Keep the sealed records from being disclosed to anyone other than criminal justice agencies and,
• deem the arrest to have never occurred, meaning you can honestly state you've never been arrested for the crime, except on applications for public office, employment as a peace officer, licensing by a state or local agency, or contracts with the California Lottery.

What won't it do?

• Stop a prosecutor from using the information against you if you get into trouble in the future;
• Keep the records from being used by any criminal justice agency in the same way allowed if the records had not been sealed;
• restore gun rights

Who may be eligible to have arrest records sealed?

You may be eligible if:

•  You were arrested, but the prosecutor never filed criminal charges, or
• You were charged with a crime, but had your case dismissed in court; or,
• You were acquitted by a jury; or,
• You successfully appealed your case and can no longer be prosecuted.

You are not eligible if:

• You were convicted (by guilty plea, no contest plea, or trial); or
• You could still be charged because your case is within the statute of limitations; or,
• You intentionally evaded law enforcement to avoid prosecution.

Do I need a lawyer?

Not necessarily. You can follow the steps without the help of an attorney. You may want to talk to a lawyer if you intend to apply for public office, become a peace officer, or obtain a professional license. You may qualify for other relief such as a "Certificate of Detention" or "Finding of Factual Innocence."

While you don't need a lawyer, you may want one. You can hire a lawyer, or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, Second Floor, in Salinas, California, to pick up a request form.

What is Proposition 64?

November 8, 2016, California passed Proposition 64. It legalizes the responsible use of marijuana by those 21 and over and reduces the criminal penalties for most remaining marijuana offenses from felonies to misdemeanors and some from misdemeanors to infractions.

Prop.64 also allows most people previously convicted of most marijuana felonies to petition to have a Judge reduce their felony convictions to misdemeanors. It also allows most people previously convicted of marijuana misdemeanors to have a judge reduce their convictions to infractions.   Finally, it allows some individuals to have their prior convictions dismissed and sealed entirely.

What marijuana crimes can be reduced or dismissed?

The answer depends on:
Your age, type of conviction, the amount of marijuana involved, whether you have a disqualifying prior conviction.

Marijuana Offenses Affected by Proposition 64

• Possession
• Cultivation
• Possession with
• Intent to Sell
• Sales
• Transportation

 What does a Prop.64 petition do if a judge grants it?

If your previous marijuana conviction is for something no longer a crime, the case will be dismissed and all court, DOJ, and arrest records will be sealed.

If your previous conviction was a felony offense which was made a misdemeanor by Prop.64, your conviction will be reduced to a misdemeanor.

If your previous conviction was an offense made an infraction by Prop.64, it will be reduced to an infraction for all purposes.

How do I get Prop. 64 relief?

You need to file a Prop.64 petition with the Superior Court where the conviction occurred and serve the petition on the prosecuting agency. There is no deadline and no fee to file the petition.

Do I need a lawyer to file a petition?

Not necessarily.  But if you are unsure if you qualify, or what relief you should seek, it is a good idea to consult a lawyer.

What if I want a lawyer's help?

While you don't need a lawyer, you may want one. You can hire a lawyer or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, 2^nd floor in Salinas, California, to pick up a request form. All information will be kept confidential.

What is Proposition 47?

November 4, 2014, California passed Proposition 47 (Prop.47), a law reclassifying some felonies as misdemeanors for most people. Prop.47 also allows most people who have qualifying felony convictions in their past to petition the court to reclassify those convictions as misdemeanors.

If a court grants a Prop.47 petition, the conviction is reclassified as a misdemeanor for all purposes, EXCEPT GUN OWNERSHIP. A Prop.47 reclassification WILL NOT restore your right to own or possess a gun.

Prop.47 does not remove the conviction from your record or dismiss/ expunge the conviction.  You should also consider filing for a dismissal/expungement if you are eligible.

Petitions must be filed no later than NOVEMBER 4, 2022.

What charges may be eligible for Prop 47?

• Second Degree Burglary (PC§459).
• Forgery (PC §§470(a), (d);473; 475(a), (b)(c); 476).
• Fraud/Bad Checks (PC§476(a));
• Theft (PC§§ 487(b), (c), (d)(1), (d)(2); 487a; 484e(a), (d); 503; VC§10851).
• Petty theft with a prior (PC§484/666).
• Receiving stolen property (PC § 496(a)).
• Possession of Controlled Substances for Personal Use (HS §11350 & 11377).
• Possession of Concentrated Cannabis for Personal Use (HS § 11357(a)).

Who cannot get qualifying felonies reclassified under Prop.47?

Some people, because of certain prior convictions, cannot use Prop.47 to reclassify their prior felony convictions as misdemeanors. Please contact us for details.

How do I get Prop.47 relief?

Complete a Petition for Resentencing/Reduction form for each case in which you have qualifying felony convictions. Then submit the form to the Superior Court and District Attorney in the County where the conviction occurred.

There is no fee to file for Prop.47 relief.

Do I need a lawyer to file a petition?

Not necessarily. But if you are unsure if you qualify, it is a good idea to consult a lawyer. Also, because sometimes evidence may be required to prove you qualify, a lawyer' s advice may be useful.

What if I want a lawyer's help?

While you don' t need a lawyer, you may want one. You can hire a lawyer, or our office is able to help you at no cost. To request assistance, please call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us or stop by our office at 168 W. Alisal, 2^nd floor, in Salinas, California, to pick up a request form. All information will be kept confidential.