Cleaning Up Your Record

There are different legal methods for cleaning up your criminal record. The first is an Expungement; the second is a Certificate of Rehabilitation.

An Expungement of a conviction is permitted under Penal Code Section 1203.4 which states that an individual who did not go to state prison for the offense shall have his guilty plea or guilty conviction WITHDRAWN AND THE CASE DISMISSED after the client has successfully finished probation. This is the same for felonies or misdemeanors. However, it should be noted that this procedure does not ERASE the client’s conviction. Although in some cases, if the client is asked if he was convicted of a crime he could honestly answer “No”, after his conviction is expunged.

A Certificate of Rehabilitation (Penal Code Sections 4852.01 et seq.) is an official recognition by the court that the client has been rehabilitated. It is usually after the conviction has been expunged that a certificate of rehabilitation is sought. A Certificate of Rehabilitation however, is most effectively used as a means to getting a Pardon granted. Notably, once a Certificate of Rehabilitation is granted it becomes an automatic Pardon Application. A Certificate of Rehabilitation has certain time eligibility requirements. Usually, a considerable amount of time must have passed without the client committing any crimes and with his being a contributing member of society for a Certificate to be granted.

 

Contact Orange County criminal defense attorney Katie Walsh for help with cleaning up your criminal record or any other criminal matter.