Cleaning Your Criminal Record in California

Expungement (Dismissal): An expungement, also known as a "dismissal" in California, is a legal process that allows individuals to petition the court to set aside and dismiss a conviction from their criminal record. To be eligible for an expungement, you have successfully completed probation and have not committed any new crimes. 

To expunge a conviction from your record, you must petition the court where you were convicted. If the court grants your petition, your conviction is marked as dismissed, and you can legally state that you were not convicted of that offense.
 

Sealing a Criminal Record: Sealing a criminal record is a process that restricts public access to certain types of records. It typically prevents most members of the public from viewing the sealed record, but certain entities, such as law enforcement and certain employers, may still have limited access.

Eligibility for sealing a record in California is more specific and may apply to juvenile records, records of arrest without conviction, or records of certain drug offenses under Proposition 64 (related to marijuana offenses).
 

Proposition 47 Reclassification: Proposition 47, a ballot initiative approved by Californian voters in 2014, brought about significant criminal justice reform. This legislation allows eligible individuals with certain non-violent, low-level felony convictions to petition the court for reclassification as misdemeanors.

By reducing the severity of these offenses, Proposition 47 petitions aim to alleviate the long-term consequences of felony convictions, such as barriers to employment and housing. This reform prioritizes rehabilitation and cost-effective solutions, ultimately promoting fairness and a more equitable justice system in California.
 

Motion to Reduce - 17(b):  A Penal Code 17(b) motion refers to the legal process through which a person can petition the court to reduce a felony to a misdemeanor. Penal Code section 17(b) allows for this reduction under certain circumstances.

The motion is typically filed after the person has been convicted of a felony. If granted, the motion to reduce can have various benefits, such as restoring certain rights – including gun rights – and alleviating some of the collateral consequences associated with a felony conviction.

 

Proposition 64 (Marijuana) Petition: Proposition 64, passed in California in 2016, marked a significant shift in the state's approach to marijuana. Under this landmark legislation, individuals with prior marijuana-related convictions now have the opportunity to seek relief through Proposition 64 petitions.

These petitions allow eligible individuals to apply for the reclassification or dismissal of certain marijuana-related offenses from their criminal records. By granting Californians a chance to rectify past convictions in light of changing marijuana laws, Proposition 64 petitions aim to promote fairness, reduce the collateral consequences of prior convictions, and provide individuals with a fresh start.