Frequently Asked Questions

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.

• 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.

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.
• Relieve a person from the requirement to register as a sex offender.

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.

• 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.

To get help, please fill out a Request for Assistance form. You can call us at (831) 755-5058 or visit us at 168 W. Alisal, 2nd floor, in Salinas, California, to pick up a form.

Once we receive your request, our lawyers will review your criminal history and create a plan for you. All your information will be kept confidential.

If you have multiple cases or older cases, you may want to get a copy of your DOJ Criminal History Report. The DOJ report will help us create a comprehensive plan. For instructions on getting your DOJ Criminal History Report, request a printed guide from our office.

• Expungement (Dismissal) of Criminal Convictions
• Prop. 47 Relief (Reclassifying Certain Low Level Felonies to Misdemeanors)
• Prop. 64 Relief (Reclassifying Certain Marijuana Crimes)
• Motions to Reduce Felony Convictions to Misdemeanors -Motions for Early Termination of Probation
• Certificates of Rehabilitation/
• Gubernatorial Pardons
• Gang Documentation Relief
• Human Trafficking Victim Conviction Relief
• DNA Database Expungement
• Correcting Errors in Department of Justice Criminal History Records

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, 2nd floor, in Salinas, California, to pick up a request form.

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.

• 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.

• 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.

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.

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.

For more information on eligibility call us at (831) 755-5058, email us at askpubdef@co.monterey.ca.us, or visit us on the second floor of 168 W. Alisal St. in Salinas, California.

Not necessarily. The two-page form requesting expungement from the DOJ is straightforward to fill out. Once you complete the form, you mail it, along with the required records showing there is no legal basis for the government to keep your DNA.

You can ask the DOJ directly to expunge your DNA. Fill out the “Streamlined DNA Expungement Application Form” at http://ag.ca.gov/bfspdf/expungement _app.pdf along with certified copies of required court documents. Mail the form and certified documents to the address listed.

There is no cost to submit the form, but you may have to pay for the certified court documents. It will generally take 2-4 weeks for a response.

You may then ask a judge to do it. You need to fill out a “Petition for Expungement of DNA Profiles and Samples.” at www.courts.ca.gov/documents/cr185.pdf File the petition in the court where the case happened. There is no fee.

Serve the Petition on the DOJ and prosecutor. The court will schedule a hearing where you will need to show the judge that you meet all the requirements

Law Enforcement can collect DNA samples from certain individuals. In California, law enforcement can keep the DNA of anyone convicted of a felony or anyone required to register as a sex or arson offender. The DNA sample is put into a DOJ database called CAL-DNA.

If there is no legal basis for the DOJ to keep your DNA sample and profile, you can request the sample be destroyed and your profile erased from the database.

• Persons with any felony conviction or juvenile felony adjudication. Also, if you have a conviction in another state which would be a felony in California;
• Persons who were ever required to register as a sex or arson offender;
• Persons with a pending case which would allow law enforcement to collect your DNA.

• Your DNA was collected when you were arrested, but no charges were ever filed;
• Your DNA was collected when you were arrested for a felony, but only misdemeanor charges were later filed;
• Your DNA was collected but the case was dismissed, you were found “not guilty”, or your conviction was overturned on appeal and dismissed;
• Your DNA was collected for a case for which you later successfully completed a diversion program or DEJ;
• You were found factually innocent of the underlying offense pursuant to Penal Code §851.8, or Welfare & Institutions Code §781.5

No.  Our office welcomes the public to stop in during regular office hours.  However, with the exception of post sentence relief, we are unable to provide legal advice without first being appointed by the court to represent you.

Generally, clients are not required to pay for the services provided by the Public Defender.

Generally, at your first court appearance, you will complete a financial declaration provided to you by the court.  The court will review the document and determine whether or not you qualify for the services of the Public Defender.

Not necessarily, but we highly recommend having one. A lawyer can figure out your correct Tier, if you meet the MRP, and if you are otherwise eligible for relief. If the prosecution decides to challenge your petition, a lawyer can help argue to the judge to grant your petition.

Starting July 1, 2021, you need to file a petition in court in the California county where you live. The courts are working on a specific form, but it is not ready yet.

You must attach proof you are currently registered to the petition. You can get proof of current registration from the law enforcement agency where you register. They must give you a free copy.

You must then serve a copy of the petition and a copy of your proof of current registration on the law enforcement agency and the prosecuting agency (generally, the district attorney’s office) of the county where you live.

If you were convicted in a different county than where you currently live, you must ALSO serve copies of the petition and proof of current registration on the law enforcement and prosecuting agencies in the county where you were convicted.

Generally, your Tier is determined by the offense for which you are required to register. However, there are some exceptions.

Starting January 1, 2021, you can ask the law enforcement agency where you register to tell you your Tier from the California Department of Justice records. Once you get this information, we strongly encourage you to contact the Fresh Start Program or a lawyer familiar with this area of law to confirm the information is correct. Tier placement is complicated and there are special rules for some people which could move them into a different Tier.

In the meantime, you may also apply to the Fresh Start Program. We will order your California Department of Justice Criminal History Report and try to figure out your Tier based on the information we receive. We may also be able to assist with other forms of criminal record relief.

The MRP begins the date you are released from custody on the registerable offense.

We don’t entirely know, but it will likely take a minimum of four months. Here is why.

Once you give your petition to the law enforcement agency, they have up to 60 days to investigate and send their report to the prosecuting agency and the court. (If during their investigation, the law enforcement agency finds information about a new conviction, they can ask for up to four more months to investigate before giving their report to the court and the prosecution agency.)

Once the prosecuting agency receives the report from the law enforcement agency, the prosecuting agency then has another 60 days to decide if they are going to agree or challenge your petition.

If the prosecuting agency agrees with your petition, they will notify the court and the court will need to review your petition and make the final decision.

If the prosecuting agency disagrees with your petition, they will notify the court and the court will need to have a court hearing to make a final decision.

Nothing. There is no court fee for filing a petition for PC290 Registration Relief.

We do not know. Each state has different rules for sex offender registration. We recommend you contact a public defender or lawyer in the state where you are considering relocating for advice.

The Department of Justice estimates they will have their records updated between 30-90 days after they receive the court order. The Department of Justice will send you a letter when the record has been updated.

Please call the Office of the Primary Public Defender at (619) (831) 755-5058 and ask to speak to someone from the Post-Conviction Relief Program. The Office of the Primary Public Defender will assist you even if you had an attorney from the Office of the Alternate Public Defender, a court appointed panel attorney, or you retained an attorney and now cannot afford to pay the attorney for assistance. You may also e-mail a question to askpubdef@co.monterey.ca.us.

NO! The law requires you to ask a judge if you can stop registering. You must first file a petition AND then have a judge say you no longer have to register before you can stop. Until a judge says you are no longer required to register, continue to register as required by PC290.

You may stop registering as soon as the judge signs the court order.

The Court will send the order to the Department of Justice. It may take some time for the court order to make it to the Department of Justice and for the Department of Justice to update their records. In the meantime, we recommend you keep a copy of the court order with you in case law enforcement questions you about your registration status.

The Department of Justice estimates they will have their records updated between 30-90 days after they receive the court order. The Department of Justice will send you a letter when the record has been updated.

There are three Tiers. The MRP for each Tier depends on if the case for which you are required to register happened in adult court or juvenile court.

MRP refers to the MINIMUM amount of time you must have registered to be eligible to petition for relief. It does not mean that is the maximum amount of time you have to register.

If the case for which you are required to register happened in adult court, the MRPs are:

If the case for which you are required to register was handled in juvenile court, the MRPs are:

*** There are special rules for some people which may allow them to petition early even if they have not met the MRP for their designated Tier. ***

We recommend you consult with a lawyer to determine your correct Tier. While the California Department of Justice is tasked with determining each persons’ Tier, it is a good idea to verify if the placement is correct. We also recommend you consult with a lawyer to determine if you may qualify to petition early. You may contact the Fresh Start Program for assistance.

• Keep your registration current
• Stay out of trouble
• Contact 'Post-Conviction Relief' to get advice on which Tier you may be in and your estimated MRP end date.

Being convicted of failing to register and/or spending time in jail and/or prison may mean you have to wait longer to be eligible to petition for PC290 registration relief.

Convictions for failure to register will extend your MRP.

If you have misdemeanor failure to register convictions your MRP will be extended by one year for each failure to register conviction. For example, if you are in Tier I, your MRP would be 10 years. If, however, you have had two failure to register misdemeanor convictions, 1 year is added to your MRP for each conviction. Thus, your MRP would now be 10 + 1 + 1 = 12 years.

If you have felony failure to register convictions, your MRP will be extended by three years for each felony failure to register conviction. For example, if you are in Tier I, your MRP would be 10 years. If, however, you have two felony failure to register convictions, 3 years is added to your MRP for each conviction. Thus, your MRP would now be 10 + 3 + 3 = 16 years.

We recommend you contact the Fresh Start Program so we can assist you in determining if your MRP has been extended.

Time spent in jail or prison may not count toward your MRP.

If you spent time in jail or prison for any offense (including probation violations/parole violations/etc.) after you were ordered to register, that time does not count toward the MRP. This process is called tolling.

For example, if you have been registering for 10 years, but during those 10 years you were in jail for a year, the year in jail does not count toward your MRP. You would need to wait another year to be eligible to petition for PC290 registration relief.

The tolling only happens if a judge ordered you to serve time in jail or prison or actually found you in violation of probation, parole, mandatory supervision, or post release community supervision. So, if you were arrested, served a couple of days in jail, and then released and you were never prosecuted for that arrest, these days will not toll your MRP. If you were arrested and prosecuted, but the case was dismissed or you were found not guilty, these days you spent in jail will not toll your MRP. But, if you were convicted or found in violation of probation, parole, mandatory supervision, or post release community supervision, any time you spent in jail or prison for that conviction or violation will not count toward your MRP.

Tolling can be complicated to figure out. We recommend you contact the Fresh Start Program so we can estimate any tolling which may apply to you.

The law enforcement agency will research your case to see if you meet the MRP for your Tier and if you meet the other eligibility requirements (that is, you are not on any kind of supervision, you do not have any pending cases which could extend your tier status, you are in custody) (Click for more information on eligibility: Who is eligible for PC290 Registration Relief?).

The law enforcement agency has 60 days from the day you give them the petition to give their report to the court and the prosecution agency. (If during their investigation, the law enforcement agency finds information about a new conviction, they can ask for up to four more months to investigate before giving their report to the court and the prosecution agency.)

Once the prosecution agency receives the report from the law enforcement agency, the prosecuting agency then has another 60 days to decide if they are going to agree or challenge your petition.

The prosecution agency may challenge the petition if they believe:

• you have not met the MRP; or
• you are ineligible because you are on some kind of supervision (probation, parole, mandatory supervision, post release community supervision); or
• you are ineligible because you are in custody; or
• you are ineligible because you have pending charges which could extend your MRP or change your Tier; or
• you did not file and serve your petition correctly; or
• “community safety would be significantly enhanced by” your continued registration.

If the prosecution does not challenge the petition AND you otherwise meet the qualifications, the judge must grant your petition.

If the prosecution challenges the petition, the judge will decide if you may stop registering.

If the judge decides not to end your registration requirement, you must keep registering.

You may be able to petition again later. The judge is required to tell you how long you must wait before you can petition again. The judge can tell you to wait anywhere from 1 to 5 years from the date the judge denies your petition. The judge must explain why you must wait.

While you do not need a lawyer, you may want one. You may hire a lawyer, or our office may be able to help you at no cost. Our experienced attorneys will review your entire record and determine what relief you are eligible for. Some petitions for PC290 Registration Relief are more complicated and the judge needs to see additional information to make a decision. Our office can assist you by researching your record, confirming which Tier you should be in, determining if you meet the minimum registration period, writing petitions, motions and declarations, filing petitions, motions, and declarations in court, serving the petition on the prosecutorial and law enforcement agencies, and appearing in court, if necessary, to argue for the PC290 Registration Relief.

If you would like our office to assist you, fill out and submit the Post-Conviction Relief Program Request for Assistance form.

You may e-mail, fax, mail, or drop off your request form.

Office of the Public Defender                                             E-mail: BoylanEE@co.monterey.ca.us & HernandezG5@co.monterey.ca.us

Post-Conviction Relief Program                                         Fax: (831)755-5873 (Attn: Post-Conviction Relief Program)
168 W. Alisal St 2nd Floor,
Salinas, CA 93901

Sometimes, particularly if the conviction for which you are required to register is from a different state, the Department of Justice may need more time to figure out your Tier. The law allows them to put you in a “to be determined” category and gives them up to two years to figure it out.

Starting January 1, 2021, instead of lifetime sex offender registration, California will have a tiered registration system. Depending primarily on the conviction for which a person was ordered to register, registrants will be placed into one of three Tiers. Each Tier has a different minimum length of registration. Registration times are called the “Minimum Registration Period” (MRP).

If a person meets the requirements for registration relief and has met the minimum registration period for their Tier, they will be able to petition the court for permission to stop registering.

You may submit a petition for PC290 registration relief on or after your next birthday after July 1, 2021.

This law is still changing. We will post changes on this website as we learn of them. We recommend checking back for updates.

We strongly encourage you to contact the Fresh Start Program or a lawyer familiar with this area of law to confirm your Tier placement. Tier placement is complicated and there are special rules for some people which could move them into a different Tier. We may be able to go to court for you to correct the information.

If you are granted PC290 registration relief, you will no longer be required to register in California.

If information about you is posted on the Megan’s Law website, it will be removed.

• Guarantee you will not have to register in another state if you move out of California
• Dismiss your case
• Expunge your case
• Reduce your case to a misdemeanor
• Seal your case
• Take the case off your record
• Restore your rights to own or possess a firearm or ammunition

If your MRP is over and it has not been extended because of later failure to register convictions or time in jail or prison, you may file a petition starting July 1, 2021.

The courts will not accept petitions until July 1, 2021. If you try to file a petition before that date, the court will not take it.

If you live in California, you must file the petition with the court in the county where you LIVE. If you live in Monterey County, file:

• A petition based solely on a juvenile case requiring registration: Monterey County Juvenile Justice Court, 1422 Natividad Rd, Salinas, CA 93906
• A petition based on adult case: Monterey County Superior Court, 240 Church St, Salinas, CA 93901.
• The court will start accepting petitions JULY 1, 2021.You cannot file a petition before that date.

You must give a copy of the petition to:

• the prosecuting agency (generally district attorney) in the county where you LIVE; and
• the law enforcement agency where you register.

If your case was prosecuted in a California county different from where you live, you must also give a copy of the petition to:

• the prosecuting agency (generally district attorney) in the county where you were convicted; and
• the law enforcement agency in the county where you were convicted.

Failure to give your petition to the correct court, prosecuting agencies or law enforcement agencies will delay or even make your petition invalid.

If you live outside California or if the conviction for which you are required to register occurred in a different state, the procedures are still being worked out. We will update this website as we learn more.

You may be eligible if:

• You have registered for the Minimum Registration Period (MRP) for your Tier (including any extensions and pauses); and
• You are not in custody; and
• You are not on any parole, probation, mandatory supervision, or post release community supervision; and
• You do not have pending charges which could extend the MRP or could change your Tier status; and
• Your registration is current.

You are not yet eligible if:

• You have not completed the MRP for your Tier (including any extensions and tolling); or
• You are in custody; or
• You are on any parole, probation, mandatory supervision, or post release community supervision; or
• You have pending charges which could extend the MRP or could change your Tier status.

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.

• 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.

• 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.

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.

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.

• 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)).

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.

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

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.

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.