Keeping Your Record Clean

LOS ANGELES EXPUNGEMENT ATTORNEY
Looking for a job after an arrest or conviction can be pretty stressful.  You may have questions about whether to report an arrest, charge or conviction to prospective employers, while not being sure what kind of information they will have about your criminal history.  Moreover, the effect a conviction will have on your criminal history, employment and state licensing and even deportation is one of the most important considerations you will have when dealing with a criminal case.

UPDATE:  CA VOTERS PASS PROP 47.  Many former felonies are now misdemeanors.  If you are currently serving a sentence, or have already served a sentence for a felony pursuant to PC 459 (commercial burglary), forgery (PC 470-476), Possession of a controlled substance (HS 11350, 11377), possession of concentrated cannabis (HS 11357(a)), or PC 666 (petty theft with a prior) you may be eligible to have your felony reduced to a misdemeanor.  To discuss how Prop 47 can affect your prior conviction or new case, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney. 

213-375-3775

Dismissal/No Charges Filed
Naturally, the best outcome for a criminal case is to have a case dismissed or avoid the filing of charges altogether.  And occasionally, this is possible.  For most cases, however, you will have to defend your liberty and your record.  If no accusatory pleading is ever filed, you may petition the court to seal/destroy your arrest record pursuant to PC 851.8.  This is the best outcome as far as keeping your record clean is concerned.

Winning at Trial
If you win your case at trial, the not guilty verdict will mean that you have never been convicted of the charged crime.  You will not be eligible for a sealing of your arrest record, however. 

Sealing a Juvenile Record
Juvenile records are NOT sealed or destroyed automatically.  But once you have turned 18 (or 5 years after you are done with your juvenile case, whichever comes first), you may petition the court to seal your record.  Eligibility depends on the crime and whether the court believes you have been rehabilitated.  Sealing a juvenile record will greatly help to restore your record.

PC 1000
Most non-sales, non-violent drug offenses can be "diverted" under PC 1000.  Not everyone is eligible, but first time offenders charged with drug possession crimes can often avoid a conviction altogether with PC 1000.  Sales offenses are generally ineligible, but sometimes your attorney can negotiate a charge reduction to make PC 1000 a possibility.  In this case, the court will put off its guilty finding for a period of 6 to 12 months.  Upon successful completion of court ordered conditions, the case will be dismissed.  The arrest and charge information remain intact, but you can honestly say you've never been convicted of a time.

Prop 36
Prop 36 is often grouped in with PC 1000 because it is a program designed to help treat drug addictions rather than punish them.  Prop 36 allows for drug treatment to take the place of incarceration for a drug possession sentence.  Like PC 1000, Prop 36 is not available for drug sales offenses, but sometimes your lawyer may be able to negotiate a lesser charge.

Expungement/Dismissal
PC 1203.4 allows people who have been convicted of a crime to get the charge "dismissed" upon successful completion of probation.  If you have complied with all conditions of probation and paid off all fines, you may be able to terminate probation early in order to get a 1203.4 dismissal.

Reducing a Felony to a Misdemeanor
Some felony convictions can be reduced to a misdemeanor with a 17B motion.  If the initial felony charge was a "wobbler" (a crime that can be charged as a misdemeanor or felony), you can get what was once a felony to be a misdemeanor.  Not being a "felon" does a lot for your employment possibilities, immigration status, state licensing and rights and privileges like voting and owning a gun. 

Certificate of Rehabilitation
If probation is not granted in your case (you went to prison), you are not eligible for a 1203.4 dismissal or a 17B reduction to a misdemeanor.  Still, you may be able to improve your criminal record with a Certificate of Rehabilitation, which also serves as an automatic application for a Governor's pardon.  You may also apply for a Certificate of Rehabilitation if you were granted probation and have successfully petitioned the court for a 1203.4 dismissal

The way your case is handled immediately after arrest and while charges are pending all the way through trial will greatly affect the way the event shows up on your record.  Your criminal defense attorney negotiating the right plea deal can make later relief like a 1203.4 dismissal or a 17B reduction possible.  Whether you are facing a pending charge or are concerned about being dragged down by your past, contact our office for information on how to help clean up your criminal record.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

---