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California Record Expungement

Below is a quick overview of criminal expungement law in California, and what expungement can do for your life. You can expand each section to reveal further information about each California expungement topic. If you have any questions always feel free to contact us toll-free at 800-916-1228.

What is
Expungement?

Expunging your criminal record in California is the process of filing a legal petition, or motion, with the court where your conviction transpired pursuant California Penal Code 1203.4 to have the Judge re-open the case, to set aside the conviction and to dismiss the case. If the expungement petition is granted, you will no longer be considered convicted of the crime by the state of California, and your permanant criminal record will be updated to display a dismissal rather than a criminal conviction. Subsequently, once the conviction is expunged by the court you can then truthfully tell employers, your family, and all other interested parties that you have not previously been convicted of a crime. Furthermore, the expunged conviction will no longer show on employer and landlord background checks. Simply put, Criminal record expungement allows you to forget your past, so that you can fully embrace your future.

Today everything is online, and a thorough background check can be done with the stroke of keyboard. These background checks are used by potential employers, landlords, lenders, and anybody else that wants to get a grasp on your criminal history before initiating a relationship with you. If an employer, or landlord, runs a background check on you after the criminal expungement process has been completed, they will  no longer be able to see any information pertaining to the expunged criminal case. Thus, it is more important than ever to clean up your criminal history in this competitive job market. Expungement of your criminal record gives you a "fresh start," allowing you to move forward with your life without the worry that your past mistakes will hinder your future aspirations.

If you have been convicted of an infraction, misdemeanor or felony in the state of California you are entitled to expunge your criminal conviction if you meet the following criteria:

  • 1You were charged and convicted in state court, NOT federal court. Only state convictions are available for expungement.
  • 2Your sentence did not involve going to state prison. County jail and holding cells are NOT state prison. If you did go to state prison than you may be eligible for a California Certificate of Rehabilitation.
  • 3You have successfully completed your probationary term, or if you were not given probation, then one year must pass since your conviction date. However, if you are still on probation we can petition the court for early termination of your probation.
  • 4You must have satisfied all the requirements of your sentence (fines, restitution, mandatory programs, community service, classes, etc.).
  • 5You are not currently being charged with another criminal offense, on probation for another criminal offense, or serving a sentence for another criminal offense.
  • 6It must also be noted that there are several crimes that have been carved out in PC 1203.4 that are not available for expungement relief, all of which involve serious sex offenses committed against children. They include the following sections of the California Penal Code: 286(c), 288, 288.5, 289(j), and 261.5(d).

If you violated any of the terms of your probation, you can still seek an expungment under PC 1203.4. When a probation violation is present it is important that we build as strong of a case as possible for expungement. The court will look at the following factors when deciding whether to grant the expungement:

  • 1Your overall performance and behavior while on probation.
  • 2The seriousness of the probation violation.
  • 3The seriousness of the underlying conviction.
  • 4Your overall criminal record (are you a repeat offender).
  • 5All the evidence we can provide that demonstrates you are deserving of expungment relief, such as: your inability to find employment; your role in taking care of your dependants and family; your positive role in your community, or in the lives of those you come in contact with; the positive things you have done since the conviction (e.g., attending college or trade school, work promotions, etc.).

Our law firm thrives on these more challenging expungement cases, and we will put together the strongest case possible for you. We will get to know you and your background, allowing us to find, and highlight, the most pursuasive arguments for the Judge.

Expungement relief may still be available to you even if you are currently on probation. We are able to petition the court under California Penal Code 1203.3 for early termination of your probation in the interest of justice. At the same time, we also ask the court for expungement under PC 1203.4. If the Judge is willing to grant early termination of your probation, they will almost always also grant the expungement at the same time. Although a PC 1203.3 petition for early termination of probation can be filed at any time during your probationary period, we highly suggest that you complete at least half of your probationary term before the petition is filed, as this will greatly increase your chances of getting the petition granted by the Judge. Also you must have satisfied all of your other sentencing requirements, such as fines, restitution, participation in mandatory classes and programs, and community service. Petitioning the court for early termination, and expungement of your underlying conviction, allows you to quickly forget about a mistake you made and to move on with your life.

A majority of our clients have multiple criminal cases in their life, and having multiple cases does not preclude you from seeking out expungement relief in California. Each criminal case must be handled separately, and an expungement petition would need to be filed for each criminal case you wish to expunge. We specialize in helping clients with multiple cases clean up their entire crimianl record, no matter how many cases or jurisdictions are involved. If you sign up with us to expunge more than one criminal case, then all subsequent criminal case expungements will be substantially discounted. View our multiple conviction discount page.

Once you contact our law firm and sign up for one our California expungement services we (David Huffman, our founding attorney) will move through the following steps:

  • 1We will reach out to you and welcome you.
  • 2We will attempt to obtain the necessary case details for expungement from the court.
  • 3We will inquire with you about your case details and your personal details, all with the aim of building the strongest case possible for expungement.
  • 4We will analyze your case details to determine if in fact your conviction is eligible for expungement relief in the state of California.
  • 5We will research all applicable current state laws and regulations.
  • 6We will prepare the expungement petition / motion.
  • 7We will file all the appropriate paperwork within the required timeframes, and will serve the prosecuting attorney as required by Penal Code 1203.4.
  • 8We will pay all filing fees and court costs (this is included in our fixed prices).
  • 9We attend all expungement hearings on your behalf, and you are not required to attend.
  • 10We will provide you with a signed order from the Judge, granting the expungement.
  • 11We will ensure that the criminal databases, used for background checks by employers and landlords, are updated to reflect the expungement.
  • 12And you can rest assured, since most of our services are covered by our 100% money back guarantee.

Not only will expunging your criminal record have positive intangible benefits, such as peace of mind, it will also provide the following concrete benefits as well:

  • 1In almost all cases private employers cannot ask about convictions that were dismissed under Penal Code 1203.4, nor can a conviction that was dismissed be considered for employment purposes.
  • 2Your expunged conviction will not show up on employer OR landlord background checks. Which means you no longer have to worry about being discriminated against. 
  • 3You can truthfully and legally answer "NO" on private sector job OR rental applications when asked if you have ever been convicted of a crime.
  • 4You can greatly increase your earning potential by becoming eligible for more employment opportunities.
  • 5You may become eligible for more professional licenses and certificates.
  • 6Reducing a "wobbler" felony conviction to a misdemeanor can restore certain rights, such as your right to own a gun. See list of California felony "wobbler" offenses.
  • 7You may become eligible for more student loans.
  • 8You may become eligible for housing assistance.
  • 9You can tell friends and family that you have not been convicted of a crime.
  • 10You have the satisfaction of forgetting the past for good and moving forward into a more positive future.

Although getting your criminal record expunged in California an have huge benefits for your life, it does not hide the criminal case in all situations. There are still situations where the underlying conviction can against you moving forward in your life.

  • 1An expunged case can still be used against you in the sentencing of a subsequent case. Example: If you get a DUI conviction expunged, it can still be used against you as a prior DUI if you were to get a second DUI within 10 years, and the fact that the case was expunged would mean nothing.
  • 2Expungement in California does NOT restore your right to own a firearm. If you are forbidden from owning a firearm due to a felony conviction, than we would need to reduce your felony to a misdemeanor to restore your 2nd Amendment right. We specialize in doing this, so give us a call if you are trying to restore your gun rights.
  • 3You must disclose the previous conviction, and expungement, in three very narrow circumstances in the future as dictated by Penal Code 1203.4. If your situation is not on this list after expungement then you can answer "NO" when asked if you have a criminal past:
    • If contracting with the California State Lottery Commission.
    • When applying for public office (if you run for governor, mayor, etc.).
    • When applying for a state license. These are the only three circumstances wherein you would need to disclose an expunged case in your life.
  • 4Expungement does not seal your record, rather it removes the conviction from your record and updates the record to show as dismissed. Your permanant DOJ rap sheet will still show the full details of the criminal case, including the expungement. However, very few entities have access to your DOJ rap sheet, which requires your consent and your fingerprints.  But, on normal employer background checks, which account for over 95% of the employment marketplace, nothing from your past will show. Lastly, even if an employer is able to demand a DOJ rap sheet from you, then an expunged record will still look a lot better there as well.
There is no reason
to let your criminal past hold you back in life.
There are laws in California that allow people who have made mistakes to expunge their criminal records.
David Huffman, Esq.

David Huffman, Esq.
Founding Attorney, Fresh Start Law Center

David Huffman, Esq.

What makes us different?

Hiring an attorney can be a scary process, and finding somebody you can trust, and afford, can be a challenge.

When you hire Fresh Start Law Center to help you clean up your criminal record, you know exactly what you are getting - Friendly and honest expungement legal services at an affordable fixed price (no hidden costs, ever). From the second you sign up with us you will have direct contact with our founding attorney, Mr. Huffman (pictured), and he will apply his unique expertise in California record clearing and expungement laws to the individual details of your situation. Not only will we tirelessly strive to get the absolute best outcome for you, and your family, but we also provide our services to you at a fixed price (no hidden fees), so that there are never any surprises down the road.

Fresh Start Law Center provides record clearing services throughout the entire state of California. Our attorneys are licensed, and have experience, in every courthouse in the state of California. We conveniently have a Southern, and Northern, California office to serve your needs. So no matter where your case is located, from a rural town to a metropolitan city, we are there to assist you with your criminal record expungement needs.

Are you tired of your mistakes holding you back in life? We can help. Reach out to us today for a 100% free consultation and find out how we can help you forget the past and embrace the future.™

Call toll-free anytime to speak directly with Mr. Huffman about your situation - (800) 916-1228

Fresh Start Law Center - California Criminal Expungement Law Firm
Why Choose Us ?
  • Super Fast Expungement Case Resolution
    Fast Case
    Resolution
    Fast Case
    Resolution

    Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. We also offer expedited service in most counties.

  • Expungement Money Back Guarantee
    Money Back
    Guarantee
    Money Back
    Guarantee

    We offer a 100% money back guarantee on most of our services. If we do not successfully expunge your criminal case, then you don't pay us. It's that simple.
    - READ MORE -

  • Lowest Price Guarantee On All Expungement Services
    105% Low Price
    Guarantee
    105% Low Price
    Guarantee

    We take pride in offering affordable pricing to our clients. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it!
    - READ MORE -

  • Expungement Law Firm - Serving All California
    Serving All
    of California
    Serving All
    of California

    We provide our specialized criminal expungement legal services throughout the entire state of California. From San Diego to Humboldt County, we are here to help with your expungement needs.

  • Multiple Case Discounts
    Multiple Case
    Discounts
    Multiple Case
    Discounts

    Do you have multiple cases? No problem. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases.
    - READ MORE -

  • Experienced California Criminal Expungement Law Firm
    Experienced
    Law Firm
    Experienced
    Law Firm

    We have won thousands of expungement cases for our clients in California. We have seen every type of expungement case, and we specialize in this unique area of law.
    - READ MORE -

Expungement Service Offered

  • Felony Expungement

    Having a felony conviction on your record can prevent you from living your life to fullest. A felony conviction can inhibit your employment pursuits, and strip you of your civil liberties, such as the right to own a gun. Getting your felony conviction reduced and / or expunged in California can have a huge positive impact on your life.

    Read More

  • Misdemeanor Expungement

    Misdemeanors are the most popular type of crime in our society. Some of the more common types of misdemeanor convictions are: petty theft, domestic violence and DUI. A misdemeanor conviction can hold you back in life and prevent you from finding employment or a desirable place to live. Luckily misdemeanor expungement in California allows you to put the mistake behind you.

    Read More

  • DUI / Wet Reckless Expungement

    Driving under the influence is by far the most common type of crime we see. A DUI conviction is typically a misdemeanor crime, although more serious DUI offenses can be a felony crime. Most employment applications inquire about misdemeanor convictions, and thus a DUI will definitely hurt your employment pursuits. Fortunately, you can get your DUI expunged in California, allowing you to move forward with your life.

    Read More

  • Infraction Expungement

    Prior to 2011 a criminal infraction could not be expunged in California. Luckily almost all criminal infractions are not eligible for expungement. The only type of infraction that cannot be expunged are Vehicle Code infractions. Common criminal infractions include: petty theft, trespassing and disturbing the peace. Getting your infraction conviction expunged in California can provide you with substantial relief.

    Read More

  • Juvenile Record Sealing

    A juvenile criminal record can have long term effects, well into your adulthood. Many juvenile records are eligible to be sealed and destroyed in the state of California. Once a juvenile record has been sealed it can no longer be viewed by anybody, which will allow you to move past your youthful mistakes.

    Read More

  • Early Termination Of Probation

    Almost all criminal convictions are accompanied by a probationary term. The typical probation term is 3-5 years, and carries with it many restrictions on your life. Fortunately, there is a process in California under PC 1203.3 that allows us to motion the court to have your probation terminated early, relieving you of the restraints probation puts on your life. This also allows us to then expunge the criminal conviction much quicker than we otherwise could have.

    Read More

  • Arrest Record Sealing

    Were you arrested but never convicted of the crime you were arrested for? If so, that arrest will show on your permanent criminal record. However, if you were wrongly arrested, meaning you did not commit the underlying crime, then we can motion the court under PC 851.8 to prove your factual innocence and get the arrest record sealed and destroyed.

    Read More

  • Certificate Of Rehabilitation

    If you were committed to state prison, unfortunately your record is not eligible for criminal record expungement in California. However, you may be eligible for a certificate of rehabilitation, which can help make your record look better. Also a successful certificate of rehabilitation also creates an automatic application for a pardon to the Governor, which if granted would remove your criminal record altogether and restore your civil liberties.

    Read More

  • Restoring Gun Rights

    Your right to own a firearm is a fundamental right protected by the constitution. However, a felony conviction strips you of this right. Not all hope is lost though, as a large number of felonies are capable of being reduced to a misdemeanor after the fact pursuant PC 17(b). If the felony is reduced to a misdemeanor, then all of your civil liberties are restored.

    Read More

What Our Clients Are Saying

  • BBB A+ Rating

    I would highly recommend Fresh Start. They did everything they promised, on time and with wonderful customer service. I am very pleased!

    DONNA P.
    LOS ANGELES
  • Yelp rating

    David Huffman and his team are top notch.  I used them for two cases and they won both.  Their prices were reasonable and there service excellent. 5 Stars!!!

    ROBERT T.
    SAN DIEGO
  • TRUSTPILOT Rating

    Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Totally reliable and well worth the money. Mr. Huffman was a joy to work with.

    SHANNON R.
    SAN FRANCISCO

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California

Prop 64 Marijuana Case Reduction

Have you ever been convicted of a marijuana crime? If yes, then there is a very good chance that your past record can be cleaned up under Proposition 64, which can significantly improve your life. On November 8, 2016 the California Legislature passed The Adult Use of Marijuana Act (AUMA) via Proposition 64, which essentially made marijuana legal, in most situations, in the state of California. Nearly all marijuana crimes have retroactively been reduced to misdemeanors (if previously a felony), or decriminalized altogether. However, relief is not automatic, and you must motion the court to obtain this relief.

Our law firm specializes in reducing felony convictions under Prop 64 in California, which allows us to not only provide a very specialized service, but to also provide these services at the absolute lowest fixed costs anywhere. Reducing a felony conviction under Prop 64 will restore all of your civil liberties, including the right to own a firearm. Also our fixed costs mean no uncertainty, or surprises, for you down the road. Your case will be handled from the beginning by a Prop 64 lawyer, so you can rest assured you are in knowledgeable hands.

Restoring Gun Rights With Prop 64

If a felony marijuana case is preventing you from owning a gun, then reducing that felony under Prop 64 will restore your 2nd amendment rights and allow you to once again own a firearm. By utilizing prop 64 we can often return you to the full legal status you had prior to getting the felony marijuana conviction. Can you Imagine the relief you would feel when you are no longer burdened by your felony conviction? Why wait, start the process to restore your gun rights under Prop 64 today.

Watch a Quick Video About Prop 64 Record Clearing

 

Individualized Approach To Prop 64 Felony Reduction:

From the moment you sign up with us we dive into the unique details of your case and your life, which allows us to tailor our Prop 64 felony reduction service to your specific needs. We are different from other attorneys. We take the time to understand the unique details of your Prop 64 felony reduction case, giving us the best chance at success in clearing up your record.  This unique tailored approach has allowed us to win over 98% of our Prop 64 cases overall. Why would you settle for anything less?

Trusted Prop 64 Experience:

We are one of the top Prop 64 law firms in California. We have successfully won thousands of record clearing cases for our clients since 2010. Our vast experience with Prop 64 cases allows us to utilize our unique knowledge in this area of law to best help you with with your Prop 64 felony reduction. We also pride ourselves on providing you with impeccable customer service throughout the record clearing process.  We have an A+ rating with the BBB, and we strive to make the entire process as stress free as possible for our clients (Yelp - 5 Stars, TrustPilot - 5 Stars, Google - 5 Stars).

Up Front & Honest:

You should be very weary of an lawyer that hides fees on their offered legal services (example: processing fees, filing fees, hearing fees, etc.). We are one of the only Prop 64 attorneys that provides fixed low pricing for for all Prop 64 felony reduction cases, meaning everything is included in our pricing - from start to finish. There will never be any hidden fees, games or surprises down the road with us. The thing about hidden fees, is they seem to just keep popping up. 

Transparency Throughout The Prop 64 Process:

Many of our new clients express frustration with how difficult it was to get a hold of their previous attorney.  We are different. We strongly value open communication throughout the Prop 64 felony reduction process. We make ourselves easily available to you via telephone and email at all times. Furthermore, once you begin your Prop 64 case with us, you will be provided with unique login credentials, allowing you to access your own personal account on our website where you can check the status of your case 24 hours a day. We strive to always keep the details of your Prop 64 felony reduction matter as up-to-date as possible within your account.

Stress Free Process:

We offer a full service process, meaning that you don't have to worry about the details of your case. Since we have done so many Prop 64 record clearing cases, we know exactly what is required to get your case cleaned up as fast as possible. We draft and file all the required Prop 64 moving papers with the court, pay filing and court fees on your behalf, serve proper notice on the District Attorney and Probation Department, and attend all hearings on your behalf. Also you will NOT be required to go to court during the entire Prop 64 process, as we attend all hearings on your behalf. Thus, once you hire us to handle your Prop 64 case, you can sit back and rest assured that you are in good hands.   

Criminal Database Updating After Successful Prop 64:

All criminal databases used for employment background checks, both private and public, will update automatically within 30 days after your Prop 64 case is complete. You should never pay a company, or a law firm, for any service that claims to "expedite" this updating process. Learn the truth, protect yourself here. 

Prop 64 Price Banner

Call For A Free Consultation (800) 916-1228

Do You Have Multiple Marijuana Cases?

If you have multiple marijuana cases that you would like to clean up, please call us for a free consultation. We will assess your situation, discuss your options and provide you with discounted pricing (our pricing goes down with each additional case we handle for you). Please call us toll-free at (800) 916-1228.

California Prop 64 (Adult Use of Marijuana Act) Summary:

November 8, 2016, California passed a law decriminalizing most marijuana crimes, and reducing the severity of others. This means that anybody with a previous misdemeanor marijuana crime can likely have their criminal conviction, and all associated case information, completely removed from their record. Also, almost all individuals with a felony marijuana conviction will be able to reduce that felony down to a misdemeanor, which will restore all civil liberties, including the right to own a firearm under the 2nd amendment. Below is a chart highlighting the different treatment of the various marijuana criminal charges before, and after, the passage of Prop 64 (Adult Use of Marijuana Act).

 

Prop 64 Historical Comparison

Marijuana CrimePenal CodePRIOR to Prop 64AFTER Prop 64
Possession of 28.5 grams or less.  HS 11357 Infraction Legal
Possession of 8 grams of concentrated or less. HS 11357 Misdemeanor Legal
Cultivation of 6 plants or less. HS 11358 Felony Legal
Cultivation of more than 6 plants. HS 11358 Felony Misdemeanor
Possession for sale without license. HS 11359 Felony Misdemeanor
Sale / Transportation without a license. HS 11360 Felony

Misdemeanor

 

Call For A Free Consultation (800) 916-1228

Thus, if you have previous marijuana criminal cases on your record, you should act now to have your record cleaned up under Prop 64. Our law firm specializes in successfully getting previous marijuana convictions cleaned up pursuant Prop 64. Our most popular Prop 64 service is getting a felony marijuana case reduced to a misdemeanor under Prop 64. The typical Prop 64 case takes anywhere from 6 - 12 weeks in most California counties (we serve every county in the state). We appear at all hearings on your behalf (included in our fixed fee), meaning you do not need to ever go to court. Because we specialize in Prop 64 record clearing, and we handle so many similar cases, we are able to offer our services at the lowest fixed prices. Fixed legal fees mean that there will never be any hidden fees, or costs, down the road that you need to worry about.

Do My Marijuana Convictions Ever Go Away On There Own?

The most common misconception out there is that after a certain amount of time your criminal conviction gets removed from your criminal record automatically. This belief is FALSE, as your marijuana case will never be automatically removed from your criminal record. To remove, or clean up, your marijuana case you must pursue a Prop 64 record clearing, and / or expungement pursuant California Penal Code 1203.4, both of which require that you petition the court for relief.

105%

LOWEST PRICE GUARANTEE

Getting your marijuana case expunged should not break your bank. Given our expertise in getting marijuana convictions expunged for our clients, we are able to guarantee that we have the lowest priced Prop 64 Reduction Service in California.



Benefits Of Prop 64 Relief

Other then the mental relief one can experience with Prop 64 record clearing, there are also many tangible benefits that a Prop 64 expungement offers:

  • 1If you seal the record, it will no longer be visible to anybody.
  • 2If we reduce your felony marijuana conviction, your civil liberties will be restored, including your right to own a firearm under the 2nd amendment.
  • 3You can truthfully and legally answer "NO" on job applications when asked if you have ever been convicted of a crime.
  • 4You can greatly increase your earning capacity by becoming eligible for more employment opportunities.
  • 5You can become eligible for many types of professional licenses and certificates.
  • 6You can become eligible for better student loans.
  • 7You can become eligible for better housing assistance.
  • 8You can tell friends and family that you have not been convicted of the marijuana crime.
  • 9You have the satisfaction of forgetting the past for good and moving forward into a more positive future.

Why It Is Important To Hire A Prop 64 Lawyer

The Adult Use of Marijuana Act (AUMA) law is fairly complex and hiring a knowledgeable attorney is essential to the success of your Prop 64 case. There are not many attorneys that specialize in California Prop 64 laws the way we do. We have successfully won thousands of record clearing cases in the state of California since 2010, and this experience allows us to provide you with the best chance at sucess in your Prop 64 case. We live and breathe California record clearing, which allows us to provide you with fixed fair pricing on all of our Prop 64 services.

From the very first day you hire us to handle your Prop 64 case, until the day the case has been fully resolved, we will be there for you every step of the way. We handle everything from start to finish.

WHAT WE DO FOR YOU...
  • Analyze your unique case details
  • Provide expert legal advice
  • Conduct necessary legal research
  • Provide an accurate assessment of your chances
  • Prepare / gather supporting evidence
  • prepare the motion
  • file the motion with the appropriate court
  • Serve prosecuting agency
  • Pay all court costs
  • Pay all filling fees
  • Schedule the hearing
  • Respond to any D.A. opposition
  • Attend required court hearing on your behalf
  • Argue the case at hearing
  • Obtain a signed court order
  • Update the criminal databases
  • Refile if necessary
  • Case follow-up with you
WHAT NON-ATTORNEY SITES DO...
  • Help Prepare initial motion
  •  
  •  
  •  
  •  
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We handle everything for you from start to finish!

Isn't it time you took the necessary steps to put your marijuana conviction behind you, allowing you to fully embrace your future. Once you sign up we will start on your Prop 64 reduction case right away, applying our expertise to the unique details of your situation.  Thank you for taking the time to consider our Prop 64 reduction service and we hope you found the information on our website helpful. We truly look forward to helping you in any way we can.

Sincerely,
Prop 64 Lawyer

David Huffman, Esq.
Founding Attorney, Fresh Start Law Center

Call For A Free Consultation (800) 916-1228

California Proposition 47

Proposition 47 (Reduced Penalties for Some Crimes Initiative) was passed by California voters on November 5, 2014, and is effective immediately (See Cal. Const., art. II, § 10, subd.(a)). Prop 47 mandates that particular felony crimes now be charged, and sentenced,  as misdemeanor crimes. Prop 47 not only effects future criminal matters, but also retroactively applies to anybody that was convicted of one of the specified felony crimes. If you were convicted of one of these specified crimes we can now petition the court under Prop 47 to have your conviction reduced to a misdemeanor for all intents and purposes. We are one of the only law firms in California specializing in Prop 47, and we can assist you with your Prop 47 case.  If you were convicted of one of the following crimes, please call us for a free consultation:

 

  • 1PC 459 - 2nd Degree Burglary (Commercial Burglary) - less than $950 value. NOTE: 1st Degree Burglary (Residential Burglary) is not eligible.
  • 2PC 487 - Grand Theft - less than $950 value.
  • 3PC 496 - Receiving Stolen Property - less than $950 value.
  • 4PC 666 - Petty Theft With Prior.
  • 5PC 473 - Forgery - less than $950 value.
  • 6PC 476a - Check Fraud - less than $950 value.
  • 7HS 11350 - Possession of Controlled Substance.
  • 8HS 11357 - Possession of Concentrated Cannabis.
  • 9HS 11377 - Possession of Controlled Substance.

 

If you were convcited of any of the above crimes, and are not currently serving a prison sentence, we can petition the court to have the felony re-sentenced and reduced to a misdemeanor.

Retroactively Applies

Prop 47 does retroactively apply to felony convictions in your past. Thus, we can use Prop 47 to reduce an old felony down to a misdemeanor no matter how old the crime is.

Prison Sentence

If you are currently serving a prison sentence due to a conviction under one of the above mentioned crimes, we can petition the court under Prop 47 to have your crime re-sentenced. This will allow us to terminate your prison term and will place you instead on simple misdemeanor probation. If you are currently serving a prison sentence due to a conviction under one of the above specified crimes, call us at 800-916-1228.

Extended Until 2022

The legislature has extended this relief until 2022 allowing qualifying felony cases to be re-sentenced / reduced under Prop 47. If you think your felony case might be eligible for reduction relief, you should reach out to us right away.

PC 17(b) Felony Reduction

If you were not convicted of one of the felony crimes specifically named in the new Prop 47 law, that does not mean that there is no relief available for you. Many other felony convictions can be reduced under PC 17(b), and expunged under PC 1203.4, if you were not sentenced to prison. Please give us a call for a free consultation and we can advise you on what type of post conviction relief is available in your particular situation.

FREE Consultation

We are Prob 47 attorneys and we can assist you with your Prop 47 matter. Call us for a free consultation.

Call Today (800) 916-1228

What is a California "wobbler" felony?

A California "wobbler" felony is a felony that can be charged and punished as either a misdemeanor or a felony. Typically this will be an offense that has a prescribed sentence of either time in county jail or time in state prison, and the degree of punishment is left up to the discretion of the judge. A "wobbler" felony can be reduced in the state of California after a successful felony expungment process or during a felony expungement process. A California Penal Code 17(b) petition must be filed with the court requesting to reduce your felony to a misdemeanor.

Here is a list of all felony "wobbler" offenses in the state of Califonia. If your felony conviction is on the list, we can help you reduce your felony  to a misdemeanor.

NOTE: This is not a complete list of felony wobbler charges. If you don't see your particular felony charge on the list, please call us at 800-916-1228 and we will be able to advise you on whether your particular charge is eligible for felony reduction per PC 17(b).

Penal Code - Felony "Wobblers"

32 Accessory after the fact to a felony
69 Resisting or deterring executive officer
71 Threat to injure school or public employees
72 False claim to public board or officer wit defraud
95 Influencing juror/referee/umpire
95.1 Threatening juror following verdict
96 Misconduct of jurors/referees/umpires
99 State printer conflict of interest
100 Collusion of state printer in fraud against state
148.10 Resisting officer and causing death or serious bodily injury
107 Escape of felon prisoner from training school/county hospital
115.1 Publishing campaign advertisement containing unauthorized signature
118.1 Peace officer filing a false report
136.1(a) Maliciously dissuade witness or victim from testimony
136.1(b) Dissuade witness to or victim of crime from making report
136.5 Possess deadly weapon wit dissuade witness from testimony
149 Assault or battery by police
166 (c)(4) Violation of protective order w/pc
166 (d) Purchase or receipt of firearm in violation of protective order
168 Disclosing warrant prior to execution
171b Bringing firearm, knife, or deadly weapon into courthouse
171b Bringing firearm, knife, or deadly weapon into state or local public building
171c Bringing loaded firearm into state office/capitol/legislative office
171d Bringing loaded firearm into res/grounds of governor/legis off/legislator
182(a)(1) Criminal conspiracy to commit felony (see underlying felony)
182(a)(2) Conspiracy to indict falsely
182(a)(3) Conspiracy to maintain false court action
182(a)(4) Conspiracy to cheat or defraud
182(a)(5) Conspiracy to obstruct justice
182.5 Criminal street gang conspiracy (see underlying felony)
186.22(a) Participation in criminal street gang activity
186.22(a) Participation in criminal street gang activity
186.22(b)(1) Committing misdemeanor while violating provisions against participating in criminal street gang
186.22(c) Committing felony/misdemeanor while violating provisions against participating in criminal street gang
186.22(d) Commission of wobbler in association with criminal street gang
186.26(a) Adult use of physical violence to coerce, induce, or solicit minor to participate in criminal street gang activity
186.26(b) Adult use of threats of physical violence on two or more occasions within 30-day period to coerce, induce, or solicit minor to participate in criminal street gang activity
186.28 Supplying or selling of firearm for use in commission of felony by criminal street gang member
192(c)(1) Vehicular manslaughter, w/o drugs or alcohol, but w/gross neg
192(c)(3) Vehicular manslaughter, w/drugs or alcohol, but w/o gross neg
192.5(a) Vessel manslaughter, w/o drugs or alcohol, but w/gross neg
192.5(c)(3) Vessel manslaughter, w/drugs or alcohol, but w/o gross neg
227 Dueling
231/227 Leaving state to duel/aid a duel
241.1 Assault on a custodial officer
241.4 Assault on school security patrol member
241.7 Assault on juror
243(c) Battery against peace officer/firefighter/paramedic w/injury
243(c)(1) Battery against custodial officer/firefighter/paramedic w/injury
243(c)(2) Battery against peace officer w/injury
243(d) Battery against person resulting in serious BI
243.3 Battery against public vehicle operator w/injury

 

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243.4(a)-(d) Sexual battery
243.6 Battery against school employee w/injury
243.7 Battery against juror
243.9(a) Battery of peace officer or local detention facility employee by prisoner by gassing
244.5(b) Assault w/stun gun or taser
244.5(c) Assault w/stun gun or taser on peace officer/firefighter
245(a)(1) ADW other than firearm or assault w/force likely to produce GBI on person
245(a)(2) Assault with firearm 245.5(a) ADW other than firearm or assault w/force likely to produce GBI on school employee
245.5(b) ADW w/firearm on school employee
245.5(c) Assault w/stun gun or taser on school employee
246 Discharge firearm at inhabited dwelling, vehicle, or aircraft
247(b) Discharge firearm at unoccupied vehicle
247.5 Discharge laser at aircraft
261.5 Unlawful sexual intercourse
261.5(c) Unlawful sexual intercourse with minor more than 3 years younger than defendant
261.5(d) Unlawful sexual intercourse with minor under 16 by defendant over 21
262 Spousal rape
266 Seduction of minor for prostitution
266c Inducing commission of sexual act through false representation creating fear
267 Abduction of a minor for prostitution
270 Child neglect by person adjudicated as parent
271 Child abandonment
271a Willful abandonment or nonsupport of child under 14 years
273(c) Paying parent for adoption of child w/pc
273a(1) Willful cruelty to child
273a(a)(1) Willful cruelty to child
273a(a) Willful cruelty to child
273d Inflict traumatic injury on child
273d(a) Inflict traumatic injury on child
273.5 Inflict traumatic injury on spouse or cohabitant
273.5(a) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant
273.5(e) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of specified pc
273.5(e)(1) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc of Pen C 243(d), 243.4,

 

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244,244.5,245 or 273.5(a)
273.5(e)(2) Inflict traumatic injury on spouse, former spouse, cohabitant, or former cohabitant within 7 years of pc Pen C 243(e)
273.6(c) Violation of protective order w/pc
273.6(d) Violation of protective order w/pc
273.6(d) Violation of protective order w/pc
273.6(e) Violation of protective order resulting in physical injury w/pc
273.55 Inflict traumatic injury on spouse or cohabitant w/pc of specified assault
273.65(d0 Violation of protective order w/pc
273.65(e) Violation of protective order resulting in physical injury w/pc
276 Soliciting women to submit to illegal abortion
278 Child stealing
278.5 Child stealing in violation of custody order
280(b) Child concealment outside of state
283 Bigamy
284 Marrying spouse of another
286(b)(1) Sodomy, victim under 18 years
286(e) Sodomy in jail or prison
286(h) Sodomy, victim incompetent, both confined for mental disorder
288(c) Lewd & lascivious act w/child 14 or 15, def at least 10 yrs older
288(c)(1) Lewd and lascivious act w/child 14 or 15, def at least 10 yrs older
288(c)(2) Lewd and lascivious act by caretaker w/dependent adult
288.2 Distribution or exhibition of lewd material to minor
288.2(a) Distribution or exhibition of lewd material to minor
288.2(b) Distribution or exhibition of lewd material to minor by electronic mail/Internet
288a(b)(1) Oral copulation, victim under 18
288a(e) Oral copulation in jail or prison
288a(h) Oral copulation, victim incompetent, both confined for mental disorder
289(c) Sexual penetration w/foreign object, victim incompetent, both confined for mental disorder
289(c) Sexual penetration w/foreign or unknown object, victim incompetent, both confined for mental disorder
289(h) Sexual penetration w/foreign object, victim under 18
289(h) Sexual penetration w/foreign object, victim under 18
289.6(a)(2) Employee of public detention facility engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate
289.6(a)(3) Employee of Youth and Adult Correctional Agency engaging in sexual activity (as defined in Pen C 289.6(d)(1)-(4)) with inmate
290(g)(2) Failure to register w/2 prior convictions
290(g)(2) Failure to register by person convicted of designated sex offenses
290(g)(3) Failure to register by person convicted of a felony sex offense or w/pc
290(g)(5) Failure to register by sexually violent predator
290(g)(5) Failure to register by person adjudicated a sexually violent predator
299.5(g) Unlawful use or disclosure of offender forensic sample or DNA profile
311.1 Sale or distribution of obscene material depicting minors
311.2(d) Sale or distribution of obscene material depicting minor under 17 to minor under 18
311.2(d) Sale or distribution of obscene material depicting minor under 18 to minor under 18
311.10 Advertising obscene material depicting minor under 18
314(1) Indecent exposure after entering inhabited dwelling
332 Obtaining money or property by fraudulent game or trick
334(a) Concessioner fraud by hidden mechanical device
337a Pool selling or bookmaking
337b Corrupt sporting event/bribe player or participant
337c Accepting bribe to throw sport event
337d Bribing official of sport event
337e Official of sport event accepting bribe
337f(c) Racing drugged horse
337f(d) Racing horse under fictitious name or license
337i Transmitting race information for illegal gambling
337.3 Using name of official in touting
337.7 Use of illegal/forged credential or license in touting
347(b) Falsely reporting contamination of food/drink/medicine, etc.
350(a)(2) Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks
350(a)(2) Manufacture, sale, or possession for sale of 1,000 or more counterfeit marks valued in excess of $400
350(b) Manufacture or sale of counterfeit mark w/pc
350(b) Manufacture, sale, or possession for sale of counterfeit mark w/pc
350(d)(1) Possession for sale of less than 100 counterfeit marks at location other than point of sale w/2 pc
350(d)(2) Possession for sale of 100 or more counterfeit marks at location other than point of sale w/pc
350(d)(30 Possession for sale of 1,000 or more counterfeit marks at location other than point of sale
367f Sale of human organs for transplantation
368(a0 Willful causing of pain to or suffering of dependent adult
368(b) Willful causing of pain to or suffering of dependent adult
368(c) Theft or embezzlement over $400 by caretaker of dependent adult
368(d) Theft or embezzlement over $400 of dependent adult
368(e) Theft or embezzlement over $400 by caretaker of dependent adult
374.2 Malicious discharge of harmful materials into public sewer w/pc
374.8 Unauthorized deposit of hazardous substances
382.5 Selling dinitrophenol
382.6 Selling certain chemicals as eyelash dye
387 Corporate criminal liability regarding disclosure of safety hazards
399(b) Owner or person having control allowing vicious animal at large resulting in serious bodily injury
399.5 Failure of owner to exercise ordinary care with dog that bites person
404.6(c) Inciting riot in state prison or county jail resulting in serious BI
417(b) Draw/exhibit loaded firearm in threatening manner on grounds of daycare center
417(b) Draw/exhibit loaded firearm in threatening manner on grounds of daycare center
417(c) Draw/exhibit firearm in a threatening manner in presence of po
417.1 Draw/exhibit firearm in threatening manner in reserve po’s presence
417.6 Inflict serious BI during violation of 417/417.1/417.8
422 Criminal threats of violence
422.7 Hate crime
452(a) Unlawful fire w/GBI
452(b) Unlawful fire of inhabited structure or property
452(c) Unlawful fire of structure or forest land
453(a) Possession of explosive/flammable material or device
453(a) Possess, manufacture, dispose of flammable material or incendiary device w/arson intent
453(b) Possess, manufacture or dispose of fire bomb
461(2) Burglary second degree
463(a) Burglary second degree during emergency resulting from earthquake, flood
463(a) Burglary second degree during emergency resulting from earthquake, flood, fire, riot, or other natural or manmade disaster
463(b) Grand theft during emergency resulting from earthquake or flood
463(b) Grand theft during emergency resulting from earthquake, flood, fire, riot, or other natural or manmade disaster
463(b) Grand theft, except grand theft of firearm, during emergency resulting from earthquake, flood, fire, riot, or other natural or unnatural disaster
470 Forgery
470a Forgery of driver’s license or identification cards
470b Possess/display forged driver’s license or identification card
471 Altering entries in books and records
472 Forgery of public and corporate seals
474 Sending false/forged message by phone/telegraph w/fraud intent
475 Passing or receiving forged bill/check/note
475a Fraudulent possession of completed check/money order, etc.
476 Making/passing/possessing fictitious bill/note/check
476a NSF checks
483.5(d) Manufacture, sale, or transport of deceptive identification document for fraudulent use

 

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484b Diversion of over $1,000 in construction improvement loans
484e(a) Selling or transferring access card wit defraud
484e(b) Theft of access cards of four or more persons
484e(d) Acquiring access card information wit defraud
484g Using forged access card to obtain over $400
484g Using forged access card or altered access card account information to obtain over $400
484h Access card offenses by merchant over $400
484i(b) Counterfeiting access card
484i(b) Altering or modifying access card account information wit defraud
484i(c) Counterfeiting access card
487(1) Grand theft
487(2) Grand theft person
487(3) Grand theft, farm animal
487(3) Grand theft auto, farm animal
487(a) Grand theft money, labor, or property over $400
487(b)(1), (2) Grand theft agricultural or aquacultural products over $400
487(b)(3) Grand theft money, labor, or property of $400 or more by servant, agent, or employee
487(c) Grand theft person
487(d) Grand theft farm animal
487(d) Grand theft auto, farm animal
487a Grand theft carcass
487e Stealing dog valued at more than $400
487g Dog stealing for commercial use
487g Stealing/fraudulently obtaining any animal for commercial use
487h(a) Grand theft auto, trailer, special construction equipment, vessel
487h(a) Grand theft auto, trailer, special construction equipment, vessel
496(1) Receiving stolen property
496(a) Receiving stolen property
496(b) Receiving stolen property in excess of $400 by secondhand goods dealer
496(e) Attempted receiving stolen property
496(d) Attempted receiving stolen property
496a Junk dealer receiving property of utility company/railroad, etc.
496c Copying title information w/o consent of owner
496d Receiving stolen vehicle, trailer, or vessel
497 Bringing stolen or embezzled property into state
499(a) Joyriding w/1 pc of Pen C 487(d) or Veh C 10851
499(b) Joyriding w/2 pc of joyriding
499b.1(a) Joyriding w/prior conviction for auto theft
499b.1(b) Joyriding w/2 pc of joyriding
499c Theft of trade secrets
499d Theft of aircraft
502(d) Receiving money of $400 or more for transmittal to foreign countries
502(d) Computer-related crimes
502.5 Removal of structures from mortgaged realty w/o owner’s consent
502.7(a) Fraudulently avoiding charge for telephone or telegraph service over $400
502.7(a) Fraudulently avoiding charge for telephone or telegraph service
502.7(b) Use of instrument to avoid telephone or telegraph charge over $400
502.7(b) Use of instrument to avoid telephone or telegraph charge
502.7(d) Allowing fraudulent use of calling or credit card to obtain telecommunications service
502.7(g) Theft of telephone or telegraph services w/pc within 5 years
502.8(c) Possession of telecommunications device with intent to sell and avoid charge for service
502.8(d) Possession of illegal telecommunications equipment wit sell and avoid charge for service
503 Embezzlement
504 Embezzlement by public officer
504a Embezzlement of property held under lease
504b Debtor’s embezzlement by sale of mortgaged property
505 Embezzlement by carrier
506 Embezzlement by trustee
506b Violation of CC 2985.3-2985.4 re real estate sales
507 Embezzlement by tenant or bailee
508 Embezzlement by clerk or servant
524 Attempted extortion
529 Impersonation for fraud
530 Receiving money/property in assumed character
530.5 Using personal identifying information of another to obtain credit, good, services, or medical information
532 Obtain money/credit/property/labor by false pretense
532a(4) Making false financial statement
535 Illegal auction
537(a)(2) Defrauding innkeeper of more than $400
537e(a) Purchase/possess/sell integrated circuit e/removed/altered ID/ser. no. more than $400
538 Sale/dispose of mortgaged property
538.5 Fraudulent use of wire, radio, or TV transmissions
540 Stealing/forging/counterfeiting ration coupons
541 Sale/gift/transfer of forged/counterfeit ration coupons
542 Purchase/acquire forged or counterfeit ration coupons
549 Soliciting fraudulent insurance claims
550(a)(6)-(9) Defrauding health care provider of more than $400
550(b)(1)-(4) Preparing or making false oral or written statement in support of or opposition to insurance claim
550(b)(2) Defrauding health care provider of more than $400
551 Offering consideration for referrals to auto repair dealer or contractor w/pc
560 Issuing false documents of title
560.4 Issuing fraudulent duplicate document of title
566 Dairy equipment offenses over $400
570 Unlawful subleasing of motor vehicle
577 Issuing false bill of lading/receipt/voucher
578 Issuing fictitious warehouse receipts
580 Failure to show receipt is duplicate
581 Sale or pledge of property receipted for by carrier or warehouse
587 Injury to or obstruction of railroad tracks or bridges
591 Injury to telegraph/telephone/cable TV or other electric line
592(b) Taking water from canal, ditch, flume or reservoir w/pc
593 Interfering w/electric power line
593d(b) Manufacture or distribution of less than 10, or sale of less than 4, unauthorized video signal converter boxes w/pc
594(b)(1) Vandalism of $50,000 or more
594(b)(1) Vandalism of $400 or more
594(b)(2) Vandalism of $5,000 or more but less than $50,000
594.3(a) Vandalism of place of worship
594.3(a) Vandalism of place of worship or cemetery
594.35 Vandalism of mortuary; distributing or obstructing funeral service
594.4 Defacing, damaging, or contaminating property with noxious or caustic chemical or substance
594.7 Vandalism w/2 pc of vandalism
597 Cruelty to animals
600(a) Inflicting serious injury on police horse or dog
601 Trespass consisting of credible threat to cause serious bodily injury and unlawful entry onto property within 14 days of the threat
601 Trespass consisting of credible threat to cause serious bodily injury and unlawful entry onto property within 30 days of the threat
607 Injury or destruction of hydra-power equipment of $5,000 or more
620 Altering telegraph/telephone messages
621 Vandalism of law enforcement memorial or firefighter’s memorial
625b(b) Tampering w/aircraft
626.9(b) Possession of firearm within 1,000 feet of school grounds
626.10(a) Possession of weapon, not firearm, on public school grounds

 

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626.10(a) Possession of weapon, not firearm, on public or private school grounds
626.10(b) Possession of weapon, not firearm, on public college grounds
626.10(b) Possession of weapon, not firearm, on public or private college grounds
626.95 Possessing firearms on grounds of playground or youth center
629.34 Violation of wiretapping laws
629.84 Violation of wiretapping laws
631 Wiretapping
632 Eavesdropping or recording confidential communication
632.5 Unlawful interception of cellular radio telephone communication
632.6 Unlawful interception of cordless telephone communication
632.7 Unlawful interception of and recordation of cellular radio or cordless telephone communication
634 Trespass to invade privacy
635 Mfg. or sale of eavesdropping devices
636(b) Nonelectronic eavesdropping on privileged conversation
637 Wrongful disclosure of telephone/telegraph communication
637.1 Wrongful disclosure of telephone/telegraph communication by employee
641.3 Commercial bribery where amount of bribe exceeds $1,000
642 Grand theft from corpse
646.9(a) Stalking
646.9(b) Stalking in violation of temporary restraining order or injunction
646.9(c) Stalking w/pc of stalking same victim within seven years
646.9(c)(1) Stalking w/pfc of Pen C 273.5, 273.6, or 422
647.6 Child molestation after entering inhabited dwelling without consent
653f(a) Soliciting commission of crime not murder
653f(d) Soliciting commission of drug offenses w/pc
653f(e) Soliciting commission of health care fraud under Welf & I C 14014 w/pc
653h(b) Illegal sound recording, transfer or transport of 1,000 or more articles
653h(c) Illegal sound recording, transfer or transport, w/pc
653h(d) Illegal sound recording for sale w/pc
666 Petty theft w/prior, grand, or auto theft, burglary, robbery, or felony receiving stolen property
666 Petty theft w/prior petty, grand, or auto theft, burglary,
carjacking, robbery, or felony receiving stolen property
1319.4 Failure to appear on a felony
1320(b) Willful failure to appear felony hearing, when released on OR
1320.5 Willful failure to appear felony hearing, when released on bail
1370.5 Escape from mental health facility
4011.7 Escape w/force or violence of misdemeanor prisoner from hospital
4131.5 Battery on non-inmate by county jail prisoner
4133 Escape from industrial farm
4501.1 Battery of peace officer or prison employee by prisoner by gassing
4532(a) Escape or attempt of misdemeanant from jail w/o force or violence
4532(b) Escape or attempt of felon from jail w/o force or violence
4532(b) Escape or attempt of felon from jail w/force or violence
4532(d) Failure of misdemeanant to return to jail subsequent to temporary release
4532(d) Failure of felon to return to jail subsequent to temporary release
4536 Escape or attempt of MDSO from state hospital, etc
4550(2) Rescue or attempt-prisoner convicted of noncapital crime
11411(b) Placing or displaying Nazi swastika on property of another on two or more occasions for purpose of terrorizing the property owner
14411(c) Cross-burning on property of another for purposes of terrorizing the property owner
11411(c) Cross-burning on private property of another or school property for purpose of terrorizing owner, student, or school employee
11418(d) Use of recombinant technology to create new pathogens for destructive purposes
11418.1 Mailing, sending, or causing to be sent a false or facsimile weapon of mass destruction, or placing or possessing such weapon and causing another person to be placed in sustained fear
11418.5 Threat of use of weapon of mass destruction resulting in isolation, quarantine, or decontamination
12020 Mfg., sake, possession of illegal weapon
12020 Mfg., sale, possession of illegal weapons or large-capacity magazines
12021(c) Possession of firearm within 10 years of certain misdemeanor convictions
12021(d) Possession of firearm in violation of condition of probation
12021(e) Possession of firearm by juvenile court ward before age of 30
12021(g) Purchasing/receiving firearm when subject to domestic violence restraining or protective order
12021.3 Possession of firearm within 10 years of misdemeanor conviction of Pen C 76 (threat of harm to government official)
12023 Carrying loaded firearm with intent to commit felony
12025(a) Carrying concealed firearm on person and pc of a narcotics offense or an offense against person or property
12025(a) Immediate possession or ready access to concealable firearm and ammunition or loaded concealable firearm, and defendant not registered owner
12025(b) Carrying concealed firearm on person w/o license and pc of a narcotics offense or an offense against person or property
12031(a) Carrying loaded firearm on person or in vehicle w/pc of a narcotics offense or an offense against person or property
12031(a) Carrying loaded firearm on person or in vehicle and defendant not registered owner
12031.5(a) Carrying loaded firearm on person or in vehicle in violation of Pen C 12031 w/pc
12034(b) Permitting another to discharge firearm from motor vehicle
12034(d) Discharging firearm from motor vehicle
12035(b)(1) Criminal storage of firearm in the first degree
12040 Carrying firearm in public while masked to hide identity
12072 Unlawful firearm transaction defined in Pen C 12072(g)(3) (A)-(F)
12072 Unlawful firearm transaction defined in Pen C 12072(g)(3) (A)-(H)
12072(a) Sale of firearm to addict or felons
12100 Sale of concealable firearm to minor w/pc
12100 Sale of concealable firearm to minor by addict, felon, or mental patient
12101 Possession of concealable firearm by minor w/pc
12220 Possession or sale of machine guns
12220(a) Possession or transport of machine gun
12220(b) Possession of assault weapon
12303 Possession of destructive device
12304 Second conviction for sale or transportation of fixed ammunition
12316(b) Possession of ammunition or reloaded ammunition by felon or mental patient
12320 Possession of metal-piercing ammunition
12321 Sale or transport of metal-piercing ammunition
12355(b) Possession of a booby trap
12403.7 Using tear gas other than in self-defense
12422 Alteration of identification on tear gas weapons
12520 Possession of firearm silencer
12560 Possession of firearm w/pfc-firearm
14166 Money laundering

 

Bussiness & Professions Code - Felony "Wobblers"

580 Sale of medical degree
581 Fraudulent procurement or alteration of medical diploma
582 Fraudulent use of medical diploma
583 False statement by medical license applicant
584 Impersonation during medical license examination
650 Accepting consideration for referring patients to clinic or lab
729 Sexual exploitation by psychotherapist w/pc
729 Sexual exploitation by physician or psychotherapist involving two or more victims
729 Sexual exploitation by physician, psychotherapist, or alcohol and drug abuse counselor involving two or more victims
729 Two or more acts of sexual exploitation by physician or psychotherapist involving single victim w/pc
729 Two or more acts of sexual exploitation by physician, psychotherapist, or alcohol and drug abuse counselor involving single victim w/pc
1282.3 Improper collection, storage, or labeling of biological specimen with willful or wanton disregard for safety
2052(a) Unauthorized practice of medicine
2052(b) Aiding or abetting another in the unauthorized practice of medicine
2053 Practice medicine w/o license/certificate
4324 Forgery of prescription
4390 Forgery of Prescription
6126(b0 Unauthorized practice of law by person disbarred or suspended from membership in the state bar
6126(c) Failure of member of State Bar or one who has resigned or been disbarred to comply with order of Supreme Court to comply with Cal Rules of Ct 955
6152 Unlawful solicitation w/pc
7026.10 Fraudulent use of contractor’s license number
7027.3 Fraudulent use of contractor’s license number
7028.16 Repairing structures damaged by a natural disaster without a contractor’s license
10238.6 Breach of trust by real property securities dealers
10250.56 Breach of trust by real property securities dealers
11010.1 Failure to notify real estate comm’r of intent to issue notes secured by property
11013.1 Sale or lease of property subject to blanket encumbrance
11013.2 Sale or lease of property subject to blanket encumbrance
11013.4 Sale or lease of property not subject to blanket encumbrance
11018.2 Sale or lease of property w/o public report
11019 Failure to cease and desist activities when ordered re prop sales
11022 False or misleading real estate advertising
17511.9 Fraudulent telephonic sales methods
22430(d) Manufacture, sale, or transport of deceptive identification document for fraudulent use

Commercial Code - Felony "Wobblers"

892 Rent skimming, five or more acts
1695.8 Violations by equity purchasers
1812.116(b)-(c) Violations by discount buying organization
1812.217 Marketing plan sale fraud
2945.4 Unfair dealing by mortgage foreclosure consultant
2985.2 Encumbering unrecorded real estate contracts
2985.3 Appropriation by seller of buyer’s payment when payment by seller on obligation secured by encumbrance on real property

Corporation Code - Felony "Wobblers"

2255 Corporation agent falsifying/destroying records w/fraud intent
2256 Falsifying evidence used in investigating corporation affairs
6811 Fraudulent distribution by director of public benefit corporation
6812 Filing of false financial reports by director or officer of public benefit corporation
6813 Fraudulent acquisition of corporate property by director or officer of public benefit corporation
6814 Deception of public officer examining the organization of public benefit corporation
8812 Fraudulent distribution by director of mutual benefit company
8813 Filing of false financial reports by director or officer of mutual benefit corporation
8814 Fraudulent acquisition of corporate property by director or officer of mutual benefit corporation
8815 Deception of public officer examining the organization of mutual benefit corporation
12672 Fraudulent distribution by director of consumer cooperative corporation
12673 Filing of false financial reports by director or officer of consumer cooperative corporation
12674 Fraudulent acquisition of corporate property by director or officer of consumer cooperative corporation
12675 Deception of public officer examining the organization of consumer cooperative corporation
22002 Corporation agent falsifying records
25110 Unlawful sale of securities
25120 Unlawful sale of securities
25130 Unlawful sale of securities
25164 Representing that qualification of document indicated verity
25166 Making false statements to commissioner
25210 Transacting securities w/o certificate
25214(a) Employing suspended securities agent
25216 Sale of security by fraudulent scheme by broker/dealer
25218 Violation of equity rules by broker/dealer
25230 Practicing by uncertified investment advisor
25232.2 Employing suspended/disqualified investment advisor
25234(a) Entering illegal investment advisory contract
25235 Defrauding client by investment advisor
25243 Misrepresenting certification as approval by commissioner
25245 Misrepresenting facts on report/application to commissioner
25246 Requiring spouse’s consent to transaction
25300(a) Advertising sale of security w/o filing
25400 Churning
25401 Sale or offer to sell security by misrepresentation
25402 Insider trading
25403 Sale or other to sell local authority obligation w/o consent
25404 Altering. Concealing, or falsifying entry in record wit impede, obstruct, or influence enforcement of corporate securities law

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Sincerely,
David Huffman - Criminal Expungement Attorney
David Huffman, Esq.
Founding Attorney, Fresh Start Law Center

 

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California Arrest Record Sealing

Were you arrested, but never convicted of the crime? If so, that arrest will show on your permanent criminal record for the rest of your life, and it can potentially be seen by employers, landlord and banks if they do a criminal background check on you. Furthermore, if charges were filed against you, but the case was subsequently dismissed, then those charges are also visible on you your permanent criminal record. Luckily, there are laws that allow us to get your arrest record, and all of the information surrounding the arrest, officially sealed. Don't let a false arrest hold you back in your life, start the process of sealing your arrest record today.

Our law firm specializes in California record clearing laws, and we have a great deal of experience with getting arrest records sealed for our clients throughout the state of California. The second you sign up for our arrest record sealing service a knowledgeable attorney will begin working on your case. We know how to navigate the intricacies of the arrest record sealing laws, allowing us to seal your arrest record in only 6-12 weeks typically. Isn't it time you took the steps necessary to finally forget your past and to embrace your future?

Arrest Record Sealing
*Pricing listed is for PC 851.91 arrest record sealing, not PC 851.8. If you are interested in a PC 851.8 factual innocence sealing please call us to discuss your case.


Call For FREE Consultation (800) 916-1228

California Arrest Record Sealing Summary

If you were ever arrested in the past, then the criminal arrest information will normally be on your permanent criminal record for life. Furthermore, if you were ever charged with a crime after your arrest but never subsequently convicted (because the case was dismissed, or you were acquitted, etc.), then those crimnal charges will also be a part of your permanent criminal record. Having this information on your record for the world to see can have a serious negative impact on your life and your ability to secure employment. Fortunately, there is relief.

We are able to motion the appropriate agencies under applicable California laws, and request that the arrest records be sealed and / or destroyed. Once the petition is granted, the entire record, including fingerprints, booking photo, arrest report, and any other official information regarding the arrest will be sealed. This means that you will be able to truthfully say that you have never been arrested in the future. Additionally, the sealed arrest information will no longer display on background checks ran by employers, landlords and banks.

Two Ways To Seal An Arrest Record

#1: PC 851.8 - The first method for sealing an arrest record utilizes PC 851.8, which is an older law, and it requires that we prove factual innocence. Factual innocence can be a very hard thing to prove, and requires that the Judge agree that in retrospect, given the totality of evidence, that you should not have been arrested. Furthermore, PC 851.8 prescribes a two year time limit for filing the arrest record sealing request with the Court, from the date of the arrest. If the arrest is older than two years, we can request a time waiver, but this can be difficult to do. However, relief under PC 851.8 is more far reaching than under PC 851.91 (described below), as it permanently seals and destroys the arrest record, meaning that it will be completely removed from all public databases, and will essentially cease to exist. Arrest record sealing under PC 851.8 is much more difficult, and requires a lot more work, and is not the default method we use. Consequently, the cost for arrest record sealing under PC 851.8 is not a fixed cost (i.e., is NOT $999). If you are interested in this more thorough approach to arrest record sealing please call us to discuss your case - (800) 916-1228.

#2: PC 851.91 - The second method for sealing an arrest record utilizes a newer law (effective January 1, 2018), and it is a much more simplistic approach. Under PC 851.91 we need only prove that you are eligible for relief, and to motion the court demanding relief.

Here are the general requirements that must be satisfied to qualify under PC 851.91 to have your arrest record sealed in California:

  • 1You must have been arrested in California.
  • 2Your arrest must not have resulted in any convictions. If you were convicted then our other expungement services are more appropriate in your situation (see infraction expugnement service, misdemeanor expungement service, or felony expungement service).
  • 3Charges can no longer be filed by the prosecuting attorney, meaning the statute of limitations has passed (1 year for a misdemeanor arrest, and 3 years for a felony arrest), or charges were filed and later dismissed.

Once the arrest record has been ordered sealed by the Court under PC 851.91 the arrest record shall be updated, as follows:

  • 1 The local summary criminal history information shall include, directly next to or below the entry or entries regarding the sealed arrest, a note stating “arrest sealed.”
  • 2The state summary criminal history information (i.e., your DOJ rap sheet) shall include, directly next to or below the entry or entries regarding the sealed arrest, a note stating “arrest relief granted.”

If the record is ordered sealed by the Court, it then becomes illegal for the Court, or any law enforcement agency, to disseminate the arrest information to any private entity. Thus, your arrest record will be sealed from public view in almost all situations, but will still be visible on your DOJ rap sheet. However, even your DOJ rap sheet will be updated with a notation stating that the arrest has been ordered sealed.

It should also be noted, that sealing an arrest pursuant to PC 851.91 does not relieve you from the obligation to disclose the arrest, if otherwise required by law, in response to any direct question contained in an application for:

  • 1Public office.
  • 2Employment as a Peace Officer.
  • 3Licensure by any state or local agency.
  • 4Contracting with the California State Lottery Commission.

Thus, you can legally and honestly state you have never been arrested in any other situation not listed above. Meaning you can answer "NO" on nearly all employment, landlord, and lender applications if asked if you have ever been arrested.

If you feel that you were wrongfully arrested, then there is no reason to let that arrest remain a part of your permanent record. Getting the arrest record sealed under PC 851.8 or PC 851.91 will provide you with relief from the wrongful arrest in your life.

Fresh Start Law Center specializes in record clearing laws in California, and we have a lot of experience with sealing arrest records for clients throughout the state of California. An experienced and knowledgeable arrest record sealing lawyer will handle your case from beginning to end, optimizing your chances at getting your arrest record successfully sealed. Do not let your wrongful arrest hold you back any longer, clear your name and your criminal record for good.

Benefits Of Getting Arrest Record Sealed In California

There is nothing worse than suffering the consequences for something you did not do. A wrongful arrest can have a severe impact on your life and can serve as a permanent blemish on your criminal record. Getting your arrest record sealed in California can erase that blemish and provide you with not only the peace of mind of getting official recognition from the court that the arrest was in fact wrongful, but can also provide you with other tangible benefits in the state of California, such as:

  • 1Will completely remove the arrest from your permanent criminal record for good (if dong a PC 851.8 sealing).
  • 2The arrest will no longer display on private background checks.
  • 3You can truthfully and legally answer "NO" on private sector job applications when asked if you have ever been arrested.
  • 4You can greatly increase your earning capacity by becoming eligible for more employment opportunities.
  • 5You may become eligible for more types of professional licenses and certificates.
  • 6You can become eligible for better student loans.
  • 7You can become eligible for better housing assistance.
  • 8You can honestly tell friends and family that you have never been arrested.
  • 9You have the satisfaction of forgetting the past for good and moving forward into a more positive future.

Call For FREE Consultation (800) 916-1228

Why An Experienced Attorney Is Essential

The process of getting your arrest record sealed in California is a fairly complex area of law and should not be navigated without the assistance of a knowledgeable attorney. For PC 851.8 arrest record the sealing the legal process resembles a miniature trial, wherein all evidentiary support demonstrating your factual innocence must be gathered and typically presented to the judge at a hearing. There is also almost always opposition from the prosecuting attorney, or other agencies involved in the arrest, requiring oral arguments in support of your factual innocence to persuade the judge. Lastly, you only get one shot at getting your arrest record sealed. If the judge denies the petition, you will likely not be able to get the arrest records in question sealed in the future, so it is essential that everything is done correctly the first time.

Not only is hiring an attorney essential to your success, but it is important to hire an attorney with lots of experience with the arrest record sealing laws in California. Here at Fresh Start Law Center we focus solely on California record clearing laws, and from the second you sign up for our arrest record sealing service, our knowledge and expertise will be applied to the unique facts surrounding your arrest. Your case will be handled from start to finish by an attorney that specializes in getting arrest records sealed in the state of California. We are ready to help you put your wrongful arrest behind you. Are you ready?

 

WHAT WE DO FOR YOU...
  • Analyze your unique case details
  • Provide expert legal advice
  • Conduct necessary legal research
  • provide an accurate assessment of your chances
  • Prepare / gather supporting evidence
  • prepare the motion
  • File the motion with the appropriate court
  • Serve prosecuting agency
  • Pay all court costs
  • Pay all filling fees
  • Schedule the hearing
  • Respond to any D.A. opposition
  • Attend required court hearing on your behalf
  • Argue the case at hearing
  • obtain a signed court order
  • update the criminal databases
  • Refile if necessary
  • Case follow-up with you
WHAT NON-ATTORNEY SITES DO...
  • Help Prepare initial motion
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We handle everything for you from start to finish!

There is no reason to continue to let a wrongful arrest affect your future. We are able to get you relief by getting your arrest record sealed under PC 851.8 or PC 851.91. We specialize solely in California record clearing laws and are experienced with the arrest record sealing process, which greatly optimizes your chances at successfully getting the arrest record sealed. We really appreciate you taking the time to view our website and we hope that you found the information helpful. We truly look forward to helping you put your wrongful arrest behind you for good, allowing you to forget the past and embrace the future.

Sincerely,
Arrest Record Sealing Lawyer
David Huffman, Esq.
Founding Attorney, Fresh Start Law Center

Call For FREE Consultation (800) 916-1228

Do It Yourself vs. Hiring An Attorney

The expungement laws in California can be very confusing, and the expungement process can be complex and extremely time consuming, often requiring multiple hearings. If you have the time, patience, and ability to wade through the expungement laws and the statutory requirements to file a successful expungement case with the court, and you do not mind going to court hearings on your own, then you could possibly tackle your record clearing matter on your own. There are often free resources at the courthouse where your expungement matter will be filed regarding the expungement process, and that is usually a good place to start your research.  However, if you value your time, and / or simply just don't want to deal with the hassle of trying to figure out the legal process on your own, and you are seeking out a professional to help you with your expungement matter, then it is critical that you hire an attorney that specializes in California expungement law.  Only an attorney will be able to handle your expungement matter from start to finish, including attending all hearings on your behalf.

Make Sure The Expungement Attorney You Hire Is Reputable

Hiring an expungement lawyer can be a daunting task. How do you know who you can trust? You will definetely want to research any expungement attorney you might hire. Here is a checklist of some attributes the attorney you hire should have:

  1. Make sure the attorney is licensed to practice law and is in good standing with the California State Bar.
  2. A+ rating with the BBB.
  3. Well rated on other review websites, such as Yelp.
  4. Long history doing expungement cases in California.
  5. Attended a top 25 law school.
  6. Make sure you are able to speak directly with the founding attorney.

David Huffman, our founding attorney, is always accessible to you (gives us a call and ask for him by name). He has been licensed to practice law since 2005, and he has successfully won thousands of California expungement cases. We are also highly rated with the BBB and other reputable review websites. Check out our "About Us" page to learn more about Mr. Huffman and Fresh Start Law Center.

Beware Of Non-Attorney Websites

There are several non-attorney websites out there that offer to "help" you with your expungement petition. They all charge $200+ for this "help," which does not include court costs or filing fees. These non-attorney websites are not licensed to practice law in the state of California, and they cannot provide you with legal advice or represent you in court.  These non-attorney website are dangerous and are not governed by the California State Bar, meaning your sensitive personal information is very likely to be at risk and you could very possibly lose your money if you use a non-attorney website. Furthermore, these non-attorney websites are just simply filling out forms you can get for free from the court! Why would you pay somebody $200+ to simply fill out free forms for you?

The fact is that if you go with one of these budget non-attorney websites you will have to file your petition yourself. If the district attorney opposes your motion, you are on your own. If the judge requires clarification, you are on your own. If the judge requires a hearing, you must attend the hearing and you will be on your own. If the district attorney presents an oral argument in opposition to your expungement motion, you must respond and you are on your own.

At Fresh Start Law Center we handle everything for you from start to finish. Since we are licensed to practice law in California, we are able to provide you with legal advice based on the unique facts of your situation. We are able to file the expungement moving papers on your behalf, ensuring that all of the detailed filing requirements are met (e.g., the district attorney must be given 15 days notice, etc.), and we will represent you throughout the entire expungement process. If the district attorney opposes our motion, we will take the necessary steps to address their opposition. If a hearing is required, we will attend the hearing on your behalf (you are not required to attend the hearing with us in 99% of our cases).

The fact is that an experienced expungement lawyer is essential to your success. Below is a table showing the difference between what our law firm does for you and what a non-attorney site will do for you. Make sure that the person you hire is a licensed attorney in the state of California.

 

WHAT WE DO FOR YOU...
  • Analyze your unique case details
  • Provide expert legal advice
  • conduct necessary legal research
  • provide an accurate assessment of your chances
  • Prepare / gather supporting evidence
  • prepare the motion
  • file the motion with the appropriate court
  • serVE prosecuting agency
  • Pay all court costs
  • Pay all filling fees
  • Schedule the hearing
  • Rospond to any D.A. opposition
  • Attend required court hearing on your behalf
  • Argue the case at hearing
  • obtain a signed court order
  • update the criminal databases
  • Refile if necessary
  • Case follow-up with you
WHAT NON-ATTORNEY SITES DO...
  • Help Prepare initial motion
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We handle everything for you from begining to end!

Fresh Start Law Center is one of the only law firms in California to specialize solely in expungement laws. This allows us to provide you with knowledgeable and focused legal services at the absolute lowest guaranteed fixed prices. From the second you sign up with us an experienced expungement lawyer will begin working on your case and will continue to be there for you all the way until your case is finished. We pride ourselves on providing our clients with impeccable customer service, and we greatly looking forward to serving you.

Sincerely,
David Huffman - Expungement Attorney

David Huffman, Esq. (Bar # 241751)
Founding Attorney, Fresh Start Law Center

 

  1. California - Certificate Of Rehabilitation & Pardon
  2. California Juvenile Record Set Aside | WIC 1772
  3. California Juvenile Record Sealing | WIC 781
  4. California Early Termination Of Probation | End Probation Early | PC 1203.3

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