When do you have to disclose an expunged conviction in California?

 One of the top questions we get from current and potential clients is if they ever have to disclose a conviction that has been expunged. The surprising answer to this question is that there are not very many circumstances in life where you will have to disclose a conviction that has been successfully expunged.

One of the wonderful benefits of expunging your criminal record is the fact that you can honestly tell potential employers, family, friends, and whoever else inquires that you have never been convicted of a crime. California Penal Code 1203.4 has only carved out three very focused circumstances under which you must disclose your prior convictions:

 Although you are only required to disclose your expunged conviction in the three narrow circumstances discussed above, there are other situations wherein your past criminal activities may be used against you. The fact is that a good majority of private employers do conduct background checks today, however they use private background databases which typically only display active convictions. This means that for a vast majority of the jobs you will be applying for, your expunged conviction will NOT be visible to your potential employer and you have no duty to disclose any convictions that have been expunged, which necessarily drastically increases your marketability.

However, if an employer requires finger prints and a signature from you releasing your official Department of Justice (DOJ) criminal record, then they will see your prior convictions and the fact that they have been expunged pursuant PC 1203.4. Pretty much any government job will conduct an official DOJ background check before extending employment, including such professions as: fire fighter, police officer, public school teacher, etc. However, an expunged conviction will not prevent you from getting hired in most government positions.

Thus, although there are narrow situations wherein your expunged conviction must be disclosed, the vast majority of the time you will not have to disclose it, nor will it display on most background checks done by private employers. This necessarily makes you a much more marketable employment candidate, especially in this tough economy.

View All California Expungement Services

California Expungement Law Firm

Fresh Start Law Center was started with a single goal in mind – to help our clients forget about their past so that they can move forward and fully embrace the future. We are one of the only law firms in California to specialize solely in expungement laws, allowing us to provide top notch expungement legal services at the absolute lowest fixed prices. Please feel free to reach out to us if you have any questions, and we truly look forward to helping you with all of your expungement needs.

Sincerely,

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

What is diversion and will it show on my criminal record?

The term diversion in the criminal justice system refers to a process wherein the judge defers judgment while you attempt to complete mandatory drug related classes and counseling. The most common diversion program in California is found under Penal Code 1000. This statute allows defendants charged with most non-violent drug offenses to receive diversion rather than an immediate conviction.

Once the judge allows diversion in your case you will be required to enter a guilty plea for the underlying offense, and the judge will defer judgment for 18 – 36 months while you complete mandatory drug treatment classes and counseling. If you successfully complete all mandatory drug treatment classes and counseling in the prescribed time frame and stay out of further trouble, the judge will then dismiss the case and you will not be convicted of the charged offenses. However, if you do not complete your diversion requirements and/or get in further trouble, the judge will confirm your guilty plea and you will be convicted of the underlying charges and will be sentenced accordingly.

Diversion is a great way to keep your criminal record clean. If you successfully complete your diversion requirements the only thing that will display on your criminal record will be the arrest, but the charges will show as dismissed. This will allow you to honestly state that you were never convicted of the charged offense, which will help with employment opportunities.

Thus, if you successfully completed a diversion program, like PC 1000, you will not have a conviction on your criminal record.

View PC 1000 Diversion Law

California Expungement Law Firm

Fresh Start Law Center is one of the only law firms in California to specialize solely in expungement law. Although you may have completed diversion successfully for a single criminal charge, you may have other convictions on your record that occurred before or after the diversion case. If you have other convictions on your record we might be able to help you expunge your convictions, allowing you to get a fresh start on your life. You can view all the expungement services we provide in the left hand menu under the "What We Do" header. We have helped clients all through the state of California with their expungement matters, and we pride ourselves on providing to notch legal services at the absolute lowest fixed prices (we guarantee our prices are the lowest). We really appreciate you taking the time to browse our website, and we greatly look forward to helping you in any way that we can.

Sincerely,

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

What is a crimes of moral turpitude in California?

Welfare and Institutions Code 781

A crime of moral turpitude is a legal term that currently has no absolute definition, even though it is used in many statutes. Even the California Supreme Court has acknowledged that the term moral turpitude "is an elusive concept incapable of precise general definition." However, there is general agreement that a crime of moral turpitude is one that involves intent, meaning you have taken deliberate action with the knowledge that the action poses a serious risk of harm to others. Thus, as a general rule if you purposefully did something to harm another individual it will be considered a crime of moral turpitude. This includes crimes of dishonesty and/or fraud. This also undoubtedly includes heinous acts such as rape, murder and drug dealing.

Here is a partial list of crimes that have generally been categorized as crimes of moral turpitude. Please note that this is not an exhaustive list:

Crimes against property:

Crimes against government:

Crimes committed against others:

Although the above list is not exhaustive, it does give you the general idea of what will be considered by the court to be a crime of moral turpitude. The concept of moral turpitude is especially important in juvenile record sealing cases under California Welfare and Institutions Code 781, which states that your juvenile record is not eligible to be sealed if you have committed a crime of moral turpitude as an adult.

If you have a juvenile record you would like to get sealed we may be able to assist you.

View Juvenile Record Sealing Page

California Expungement Law Firm

Fresh Start Law Center is one of the few law firms in California that concentrates solely on criminal expungement laws. We have helped clients all over California with their expungement needs, including juvenile record sealing. Please do not hestitate to reach out to us if you have any expungement needs, as we are always here to answer any questions you might have. We greatly look forward to assisting you in any way we can.

Sincerely,

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

What is felony reduction under PC 17(b)?

Being convicted of a felony in California can carry a huge stigma and can prevent you from gaining employment and professional licenses. California Penal Code 17(b) allows anybody convicted of a felony "wobbler" offense to petition the court to have the felony reduced to a misdemeanor. PC 17(b) only has three requirements that must met for your felony to be eligible for reduction:

A California felony "wobbler" offense is any offense that can be charged and sentenced as either a felony or misdemeanor, the determination of which is up to the discretion of the district attorney and the judge during your original case.

View list of California felony "wobbler" offenses

If your felony is eligible for reduction to a misdemeanor, the judge will then consider a PC 17(b) petition to reduce your felony. The judge will consider the following factors in his deliberations:

Generally if your felony is eligible for reduction we find that most judges are willing to grant the reduction relief, if a strong case for relief is established. Once your felony has been reduced to misdemeanor under PC 17(b) your conviction will be treated as a misdemeanor for all extensive purposes, which means often your California guns rights will be restored, along with all of your other civil liberties.

NOTE: Although there is a popular misperception that you lose your right to vote once convicted of a felony, this is a false belief. You only lose your right to vote when you are actually incarcerated in state prison or on active parole, otherwise you have the right to partake in elections.

We are also able to file a petition for expungement at the same time we file the reduction petition, which allows the judge to rule on both petitions at the same time. More often than not the judge will grant the felony reduction and then will grant the expungement petition which then expunges the conviction which was just reduced to a misdemeanor. This process offers maximum relief. When you purchase our felony expungement service we file the PC 17(b) felony reduction petition for only $99, if your felony is eligible.

View felony expungement page

PC17(b) Felony Reduction and Restoration of Gun Rights

A felony conviction, of any type, permanently extinguishes your right to own a firearm. However, there is relief in California, wherein you can often motion the Court to reduce your felony to a misdemeanor. If your felony is able to be reduced under PC 17(b), then your gun rights will be fully restored in most situations. If you would like to explore the possibility of reducing your felony conviction to restore your gun rights, please give us a call to discuss your case. 

Law Firm Specializes In PC 17(b) Petitions

Fresh Start Law Center focuses solely on California expungement laws and has handled many PC 17(b) petitions for clients throughout the state of California. We pride ourselves on providing ultra specialized legal services and impeccable customer service all at the lowest guaranteed fixed prices. We are here to answer any questions you might have, and we greatly look forward to assisting you with your case.

Sincerely,

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

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