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Articles Tagged with record sealing

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

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

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