Sealing

December 4, 2020

What You Can Do About Your California Criminal Record

Having a criminal history can impact you both personally and professionally, no matter where you are located in the country. There are varying levels of punishments and long-term implications based on the type of crime you committed and its severity. For instance, there are convictions that can keep you from obtaining a professional license or make you lose a professional license you legitimately earned. Other crimes may limit your ability to vote or buy and own a firearm. Those with a criminal past often have a difficult time just obtaining gainful employment even after they serve their time.

There is no doubt about it, Californians with any amount of criminal history face more obstacles to achieving their life goals than those without a criminal history. Luckily, there are options that can help an ex-convict gain some relief from their criminal past. Working with an experienced and resourceful San Diego criminal defense attorney is a convenient way to learn more about what your options are regarding how to better manage your criminal record. If you are able to make adjustments to your record, you could greatly impact the trajectory of your life.

What Options are Available to Reduce the Impact of a California Criminal Record

Your convictions will be a stain on your record that will be visible by many organizations and businesses that require background checks. Due to their presence on your record, it is likely that you will face many limitations impacting your ability to get ahead in life and to live your life in peace. It is only natural to be concerned about the challenges you have to endure after you leave prison. When you just want to move on with your life, it is also reasonable to want to know if there is anything you can do to mitigate these implications.

California criminal laws say that records with information on arrests or detentions, dispositions, as well as personal identification will stay on your record until you reach the age of 100. That is a very long time. Criminal convictions never go away. Potentially, if your conviction happened when you were a minor, you may have options to hide that conviction.

Even if you were arrested but not convicted, this incident will stay on your record and be visible. The good news is that under California criminal laws, any arrest charges where there was no conviction or where the charges were thrown out cannot be held against you. While organizations or businesses may be able to see these charges on your records, they cannot deprive you of services or employment because of them.

How Can I Have My California Criminal Record Cleaned?

When you want to explore options that may be available to help you clean your record, the best thing to do is to discuss the unique details of your situation with David M. Boertje, a California criminal defense lawyer. Depending on the type of convictions you have and the details that surround them, it may be possible to have these charges removed or expunged from your record. Continue reading

March 15, 2019

Bill to Automatically Seal Criminal Records on California Legislature’s Agenda

by David M. Boertje

As many as eight million Californians have criminal records for misdemeanor or felony crimes. All of them are subject to denied or limited employment, housing, and credit opportunities because of their criminal convictions. Many of the past crimes are for low level misdemeanors, like simple marijuana possession, or low-level felonies that are non-violent in nature.

Jurisdictions all over the United States are banning prospective employers from inquiring about a job applicant’s criminal conviction history during the recruitment process. It is not until the job applicant is made a formal job offer that it is permissible for an employer to inquire about a job applicant’s prior criminal convictions. Despite these modest changes to the law, discrimination against prior criminal defendants persist, aided by the public record of his or her criminal conviction.

Current Law Regarding Sealing of Criminal Records

Right now, people can seal their rap sheets following the completion of all their sentencing conditions. For example, a person convicted of driving under the influence, who receives a two-month sentence in county jail and three years of probation is able to request his or her criminal conviction record be sealed after applying and paying a fee, three years from the date of his or her release from jail.

Proposed Criminal Records Bill

The proposed Criminal Records Bill, would automatically seal the rap sheet of people whose crimes are specified in the statute as eligible for automatic sealing. The bill would apply retroactively, meaning people with prior criminal convictions who have not applied to seal their record would have their records automatically sealed when the Criminal Records Bill becomes effective.

Law enforcement agencies and some employers would still be able to access prior arrest records as part of criminal investigations or deep background checks for certain job positions. Members of the public, including potential landlords and employers, would no longer have access to a person’s arrest and conviction records.

The California Justice Department under the proposed bill would be able to contest the automatic sealing of a criminal record under certain conditions and upon application to the court. All others, however, would automatically be sealed upon successful completion of sentencing conditions.

Seal Your Criminal Records Now

You do not have to wait for the Criminal Records Bill to pass to seek the sealing of your criminal record. Individuals may petition the court to have their prior criminal conviction records sealed under certain circumstances. If you would like to know if your criminal record can be sealed, contact the qualified and knowledgeable San Diego Criminal Defense Attorney today to understand the process and your legal rights and responsibilities in seeking such relief. Continue reading

November 16, 2018

Getting Hired with an Arrest or Conviction Record

by David M. Boertje

Many employers conduct criminal background checks when individuals apply for a job. If you have been arrested or convicted of a crime, getting a job can become a stressful undertaking because some employers do not hire individuals with arrest or conviction records. Depending on the job, some classes of convicted people may be prohibited by law from getting hired.

Problems with Criminal Background Check Reports

It is not uncommon for an applicant to have incorrect or missing information in their criminal background check report. Reports can be mismatched, contain inaccurate information, include someone else’s information, or misclassify the criminal offense.

Expunging or Sealing Criminal Conviction Records

People who committed crimes when they were minors or people who have old criminal convictions can seek that their arrest and criminal conviction records be expunged, meaning they are hidden or sealed from public disclosure. This helps individuals put past behavior away and keep it from affecting their future employment or housing prospects.

Federal Laws that Protect Individuals with Arrest and Conviction Records

There are two main laws, the Fair Credit Reporting Act (FCRA) and Title VII that protect individuals from discrimination in employment because of prior arrest and conviction records. Under the FCRA, background checks that look into an individual’s criminal records, may not include arrest records that are more than seven years old, unless the position pays more than $75,000 a year. Conviction records however, have no such time limit. Title VII prohibits discrimination including in job screening and hiring practices in employment and frowns upon employment practices that issue blanket prohibitions against employment people with prior arrests or convictions.

Charged with a Misdemeanor Crime in California?

It is important that a person accused of a crime talk with his or her criminal defense attorney to understand the impact of a criminal conviction on his or her employment options. Current jobs may be lost after a person pleads guilty to a crime and future job opportunities may be curtailed because of an arrest or criminal conviction.

For example, if you are employed in commercial driving and you are arrested for driving while intoxicated, you may lose your commercial drivers’ license immediately. No drivers’ license means you can not work while your case is pending.

If you have been charged with a crime in California, you can face either a misdemeanor or felony charge along with heavy fines and years of imprisonment. Contact a qualified San Diego Criminal Defense Attorney who can help mitigate penalties today and explain your legal rights and responsibilities. Continue reading

March 6, 2015

Motions to Seal Vs. Motions To Expunge: What’s The Difference?

by David M. Boertje

Because criminal records are public records, those with prior convictions need to know that there are certain circumstances which may qualify them to get their records “wiped.” These vessels by which one’s records can be cleaned vary depending on the type of crime and state law involved.

Expungements

Expungements are defined as the legal process of cleaning up one’s criminal record. They are a good option to put your prior conviction behind, as it involves the court reopening your case, withdrawing your plea or guilty verdict, dismissing the charges, and re-closing the case without a conviction. Legally speaking, a successful motion for expungement has the effect of dismissing a prior criminal conviction, and you can therefore claim in future job interviews, housing applications, etc. that you do not have a conviction on your record. California Penal Code Section 1203.4 authorizes the most common kind of expungement relief that exists in California (ie. cases in which probation was part of the sentence, cases in which there was no probation, felonies in which you only served time in county jail, and cases where a felony conviction was reduced down to a conviction). In order for an expungement to take place, your lawyer will have to file a formal document in court requesting that they take a specific action (the expungement motion). This motion must be filed at the court where you received your sentencing and given to the prosecutor that handled your case, and must claim in good faith that you are now living an upright and honest life.