The Limitations to Record Clearance, According to an Expungement Attorney
While expungement clears your previous convictions, keep in mind that expunged records are not totally erased or sealed forever. Depending on the state where you live and the reason for the request for disclosure, your expunged criminal records may be disclosed. Here are circumstances when sealed criminal records will be shown again.
Asking for another Expungement
Some states grant an expungement only once. This is why it’s best to try expunging all eligible cases at one time, since you will no longer be eligible for expungements of succeeding convictions. If you apply for another one, the court will see your …
California’s Bail System
There is growing concern in California that its bail system is unjust and many in the legal community are calling for reform. The average bail amount in California is five times that of the national median amount. This gross disparity has many in the legal community concerned that the current bail system results in undue monetary punishment and unjust guilty pleas.
The problem with having a bail amount in California that is more than five times the national average is twofold. First, high bail amounts create great pressure for even innocent people to plead guilty just so that they can …
Expungement Lawyer: When Do You Need to Disclose Expunged Records?
Expungement offers a great opportunity for people with criminal convictions to start over with their lives. Through expungement, your past criminal records will be cleaned up, and the case legally dismissed. This gives you the chance to find gainful employment without the fear of being rejected or criticized due to any past record.
Technically speaking, companies are not allowed to discriminate against convicted persons when choosing candidates for a job, as doing so is a violation of Title VII of the Civil Rights Act. It is, however, common practice for many companies to perform background checks, and a past record …
Reducing a Felony Conviction to a Misdemeanor Does Not Happen Automically – Proposition 47
In November of 2014 Proposition 47 passed giving certain low-level, nonviolent felony convictions the opportunity to be reduced to misdemeanors on old criminal records. The law itself reclassified several categories of theft and drug possession crimes from felonies or “wobblers” (crimes that can be charged as either a felony or misdemeanor) to straight misdemeanors. Prop 47 is a benefit to those who are facing charges, those with pending charges and those who are currently serving a sentence. Fortunately, it will also benefit those who already completed their sentences but would like to clean up their record.
There was a question …
Posting violent language on facebook towards another, is this a criminal threat?
Facebook and other social media can be fun and informative. It can also be abused and abusive. Where is the line drawn? When is it protected free speech and when does it become a criminal threat?
The United States Supreme Court weighed in on that question in Elonis v United States (decided June 1, 2015). In this case, Mr. Elonis sent a series of posts to Facebook that most people would consider threatening. He posted self-styled rap lyrics containing graphically violent language and imagery concerning his wife, co-workers, a kindergarten class, and state and federal law enforcement. Clearly, Mr. Elonis …
You have the right to remain silent: fact or fiction?
We all know from watching TV that you have the right to remain silent when arrested. But is that true? Can you simply refuse to say anything or do you have to say some kind of “magic words?”
In 2007 while speeding, Richard Tom collided with another vehicle carrying a mother and her two children. The accident injured one child and killed the other. Following the car accident Mr. Tom refused to answer any questions when confronted by the police, before he was read his Miranda rights. Mr. Tom spoke with his attorney on the phone then told officers he …
Mass Incarceration
Over the past four decades, our country’s incarceration rate has more than quadrupled and is now the largest in world history. About one in every 31 people is either incarcerated, on probation or on parole. The Southern Law Poverty Center has stated that “this vast expansion of the corrections system-which has been called ‘The New Jim Crow’, is the direct result of a failed, decades-long war on drugs and a ‘law and order’ movement that began amid the urban unrest of the late 1960s, just after the civil rights era.”
There are vast racial disparities within our system. The system …
US Supreme Court Rules Satellite Monitoring Constitutes a Search for Sex Offenders
The United States Supreme Court in Grady v North Carolina, held on March 30, 2015 that the North Carolina’s satellite-based monitoring program (the equivalent of California’s GPS system) of sex offenders constitutes a search under the Fourth Amendment. They remanded the case back to the state court to determine whether this search was unreasonable.
What does this mean for sex offenders here in California? This case probably does not impact people on parole or on probation. If a condition of probation or parole requires a person to wear a GPS, the court will find that to be reasonable for the …
Hofsheier Overruled. What is the impact of persons who have been relieved of their duty to register under Penal Code section 290?
Penal Code section 290 requires mandatory lifetime sex offender registration for persons convicted of most sex offenses including oral copulation with a person under 18, digital penetration with a person under 18 and other “consensual” conduct with persons between the age of 16 and 18. However, sexual intercourse with a person under 18 (commonly known as statutory rape) does not require mandatory registration.
In 2006 the California Supreme Court held in People v Hofsheier (2006) 37 Cal.4th 1185, that it violated equal protection to require a person convicted of oral copulation with a person under the age of 18 to …
What to do if you are arrested, but were actually innocent. Sacramento Criminal Record Expungement Attorney on what to do if you are the victim of a False Arrest
Getting arrested is a tough thing to have happen to you. Moreover, getting arrested for something you didn’t do is really tough and can adversely affect your life long after it is all over. If you have been arrested for something you didn’t do, you need to get good legal counsel.
Innocent people do get arrested. You could be the victim of a bad identification or just in the wrong place at the wrong time. Even though you may be completely innocent you need an attorney and you need to follow these simple rules. First, do not give a statement …