REGARDING EXPUNGEMENT

1. A petition to the court to set aside a guilty/no contest plea, or a guilty jury verdict can be made when the probation period is successfully completed. In some cases it can be done before probation ends.
2. The expungement will not be granted to someone convicted of the following charges: California Vehicle Code sections 2800, 2801, 13555, 42001; Penal Code section 12021, etc.
3. If the expungement is granted you cannot be asked by a private employer about any misdemeanor conviction expunged by this method.
4. Registration as a sex offender is not covered by this method.
5. The federal government has no obligation to honor the expungement, however there are provisions that are identified by the INS.
6. If the conviction is for a felony then the procedure is called a "Certificate of Rehabilitation."
7. The expungement of a conviction does not relieve a person from having to disclose it in a questionairre or application for public office or for a licensure by any state or local agency; the areas that are impacted are licenses for attorneys, physicians, educators and insurance agents.

REGARDING SEALING

1. The term sealing refers to arrests, charges and conviction that occur when a person is a juvenile - under the age of 18 years.
2. The sealing procedure closes the file(s) of the arrest, charge, or conviction can be dismissed.
3. If a person is over 18 years and under 21 years a juvenile conviction can be dismissed.
4. If you have been arrested, charged with, or convicted of a crime as a juvenile (under the age of 18 years) you can have your juvenile record sealed from inspection.
   
   The procedure is almost the same as expungement; a motion must be made to the juvenile court to have all arrests, charges and convictions sealed from anyone accessing them.
   
   This can occur up to 5 years after the event or at any time after readhing the age of 18 years.
   
   If a person has not reached the age of 21 years, then the court can be asked to dismiss the charges against them.

REGARDING CERTIFICATE OF REHABILITATION

1. If the conviction is for a felony, that cannot be reduced to a misdemeanor, the normal procedure is to seek a pardon from the governor on a showing that the person has not done anything wrong for 5 years after the parole ended.
2. If the felony is reduced to a misdemeanor than the expungement procedure occurs.

Note: Specific questions regarding the effect and implications of the expungement/sealing should be directed to the law office for clarification and the brief summary herein should not be used as all encompassing.