Expungements Clear Your Record and Prop 47
If you need an expungement lawyer, we can help you. There are many reasons why a person might want to have their record cleared.
“Expungement” is a term to describe a process of cleaning up your criminal record. You can ask that the court reopen your criminal case, withdraw the plea or guilty verdict, dismiss the charges, and re-close the case without a conviction.
For most people, clearing your record would be for job reasons, or for career moves. A conviction can prevent you from obtaining certain jobs, obtaining certain promotions, and certain licenses (although with expungements, most licensing agencies still require you disclose any cases that have been expunged, and any convictions as well).
Proposition 47 – reducing a felony to a misdemeanor.
California also passed a law, called Proposition 47, that allows anyone that has certain felony convictions to apply to reduce cases to a misdemeanor.
That law requires that you bring any motion to get your felony reduced to a misdemeanor under Proposition 47 within three years of Prop 47 passing – so you should NOT delay any petition under this section. (Any petition has to be filed or submitted to the court on or before November 4, 2017 – even if it is heard later).
The ballot measure known as Proposition 47, which is current law in California, includes exceptions for offenses involving more than $950 and criminals with records including violence or sex offenses, so as a corollary, the measure requires misdemeanor sentencing instead of felony for the following crimes:
- HS 11350 – Possession of a Controlled Substance
- HS 11357 – Possession of Controlled Cannabis
- HS 11377 – Possession of Controlled Substance for personal use
- PC 666 – Petty Theft, with a prior.
- PC 484 – Shoplifting, where the value of property stolen does not exceed $950
- PC 487 – Grand theft, where the value of the stolen property does not exceed $950
- PC 496 – Receiving stolen property, where the value of the property does not exceed $950
- PC 473 – Forgery, where the value of forged check, bond or bill does not exceed $950
- PC 476a – Check Fraud, where the value of the fraudulent check, draft or order does not exceed $950
- PC 476 – Writing a bad check, where the value of the check does not exceed $950
- Health and Safety Code: Personal use of most illegal drugs.
There has also been a long standing procedure under the law, under Penal Code section 17(b), which allows a defendant to petition the court to reduce certain crimes from a felony to a misdemeanor. That is a separate motion, but can be done before an expungement for certain types of offenses.