Expungement - Revision history

Sysop: /* Sealing under Penal Code 851.91 */

2024-02-13T14:09:08Z

Sealing under Penal Code 851.91

← Older revision		Revision as of 14:09, 13 February 2024
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	Even if "dismissed" under Penal Code section 1203.4, can't seal under Penal Code 851.91. (''People v. E.B.'' (2020) 51 Cal.App.5th 47.)		Even if "dismissed" under Penal Code section 1203.4, can't seal under Penal Code 851.91. (''People v. E.B.'' (2020) 51 Cal.App.5th 47.)

			Same for Prop 36, no sealing. (''People v. D.C.'' (2020) 54 Cal.App.4th 727.)

	===Statutes and Regulations===		===Statutes and Regulations===

Sysop: /* Results of expungement */

2024-02-13T14:06:13Z

Results of expungement

← Older revision		Revision as of 14:06, 13 February 2024
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	===Impeachment===		===Impeachment===
	Under Evidence Code section 788, a conviction expunged under Penal Code section 1203.4 cannot be used for impeachment. ''People v. Fields'' (1995) 31 Cal.App.4th 1778, held that "the Truth-in-Evidence provision [of Proposition 8] has no effect on the expungement limitation of Evidence Code section 788."		Under Evidence Code section 788, a conviction expunged under Penal Code section 1203.4 cannot be used for impeachment. ''People v. Fields'' (1995) 31 Cal.App.4th 1778, held that "the Truth-in-Evidence provision [of Proposition 8] has no effect on the expungement limitation of Evidence Code section 788."

			===Sealing under Penal Code 851.91===

			Even if "dismissed" under Penal Code section 1203.4, can't seal under Penal Code 851.91. (''People v. E.B.'' (2020) 51 Cal.App.5th 47.)

	===Statutes and Regulations===		===Statutes and Regulations===

Sysop: /* No restoration of firearm rights */

2017-04-03T00:47:32Z

No restoration of firearm rights

← Older revision		Revision as of 00:47, 3 April 2017
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	===No restoration of firearm rights===		===No restoration of firearm rights===

			If a person is prohibited from firearms because of a conviction, and that conviction is later dismissed under Penal Code sections 1203.4, 1203.4a, or 1203.41, each of those sections say that a person's right to possess firearms is not restored by the dismissal.

	See [[Firearms#Dismissal under Penal Code sections 1203.4, 1203.4a, or 1203.41]]		See [[Firearms#Dismissal under Penal Code sections 1203.4, 1203.4a, or 1203.41]]

Sysop at 00:46, 3 April 2017

2017-04-03T00:46:17Z

← Older revision		Revision as of 00:46, 3 April 2017
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	Expungement, set-aside, dismissal, are all names that are used for the process under Penal Code sections [[PC1203.4\|1203.4]] and [[PC1203.4a\|1203.4a]] by which people can clean up their criminal records.		Expungement, set-aside, dismissal, are all names that are used for the process under Penal Code sections [[PC1203.4\|1203.4]] and [[PC1203.4a\|1203.4a]] by which people can clean up their criminal records. Yes, I know that "expungement" is disfavored because it really doesn't erase a conviction, but I consider calling it a "dismissal" misleading and confusing. Dismissal similarly connotes a complete removal. Also, if I tell someone it's a dismissal, am I referring to a dismissal under PC1203.4 or PC1385?

	==Motions==		==Motions==
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	==Results of expungement==		==Results of expungement==

			===No restoration of firearm rights===
			See [[Firearms#Dismissal under Penal Code sections 1203.4, 1203.4a, or 1203.41]]

	===Impeachment===		===Impeachment===

Sysop: /* Contra Costa */

2016-11-15T18:53:52Z

Contra Costa

← Older revision		Revision as of 18:53, 15 November 2016
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	Filing fee for an infraction or misdemeanor without probation is $60. Filing fee for a misdemeanor or a felony with probation is $150.		Filing fee for an infraction or misdemeanor without probation is $60. Filing fee for a misdemeanor or a felony with probation is $150.

	All felonies are filed in Martinez. Felonies with misdemeanors are also filed in Martinez. Walnut Creek, Martinez, and Concord/Mt. Diablo misdemeanors and infractions are filed in Martinez.		All felonies are filed in Martinez. Felonies with misdemeanors are also filed in Martinez. DV cases and cases that started as a felony complaint are also filed in Martinez. Walnut Creek, Martinez, and Concord/Mt. Diablo misdemeanors and infractions are filed in Martinez.

	Misdemeanors and infractions with the most recent misdemeanor in Richmond are filed in Richmond.		Misdemeanors and infractions with the most recent misdemeanor in Richmond are filed in Richmond.

Sysop: /* San Diego County */

2016-10-31T17:29:45Z

San Diego County

← Older revision		Revision as of 17:29, 31 October 2016
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	The San Diego County Office of the Primary Public Defender does provide assistance in getting expungements.		The San Diego County Office of the Primary Public Defender does provide assistance in getting expungements.


	San Diego County uses local forms. [http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT026.PDF]		San Diego County uses local forms. [http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT026.PDF]
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	[http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT039.PDF]		[http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT039.PDF]
	Use of the Judicial Council forms is highly discouraged by the clerks. If it is necessary to use Judicial Council forms, please refer clerks to [[CRC rule 1.35\|State Court Rule 1.35(a)]].		Use of the Judicial Council forms is highly discouraged by the clerks. If it is necessary to use Judicial Council forms, please refer clerks to [[CRC rule 1.35\|State Court Rule 1.35(a)]].
	~~North County branch requires additional copy of local petition for the court's research attorney.~~

			For filings in Central/Downtown, one original plus one copy for Probation and one copy for the prosecutor should be filed.

			North County branch requires an additional copy of local petition for the court's research attorney.

	===Sacramento===		===Sacramento===

Sysop: /* Contra Costa */

2016-10-31T17:28:24Z

Contra Costa

← Older revision		Revision as of 17:28, 31 October 2016
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	Misdemeanors and infractions with the most recent misdemeanor in Pittsburg are filed in Pittsburg.		Misdemeanors and infractions with the most recent misdemeanor in Pittsburg are filed in Pittsburg.

	Martinez wants one original plus two copies.		Martinez wants one original plus two copies. A clerk will forward one of the copies to Probation and the other to the DA.

	Richmond and Pittsburg just want original.		Richmond and Pittsburg just want original. A clerk will forward the entire file to Probation and to the DA.

Sysop: /* Contra Costa */

2016-10-31T17:26:44Z

Contra Costa

← Older revision		Revision as of 17:26, 31 October 2016
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	===Contra Costa===		===Contra Costa===

			Martinez Superior Court case numbers start with 5-. Martinez and Concord Municipal Court case numbers start with 1-. Richmond Municipal Court case numbers start with 2-. Walnut Creek and Central Municipal Court case numbers start with 3-. Pittsburg Municipal Court case numbers start with 4-. The DOJ rap sheet will sometimes omit the leading prefix numbers but will list the court location.

	The entire packet is filed at the clerk's office of the appropriate courthouse. The clerk will forward a copy to Probation. The probation officer will do an investigation and make a recommendation as whether it should be granted or denied. If the recommendation is to grant, it will be forwarded to the District Attorney's Office, who have 15 days to object, and after that, to a judge who will probably sign it unless the District Attorney's office objects; there is no court hearing. If the recommendation is to deny, it will be forwarded to the District Attorney's office, and then a court hearing date will be given.		The entire packet is filed at the clerk's office of the appropriate courthouse. The clerk will forward a copy to Probation. The probation officer will do an investigation and make a recommendation as whether it should be granted or denied. If the recommendation is to grant, it will be forwarded to the District Attorney's Office, who have 15 days to object, and after that, to a judge who will probably sign it unless the District Attorney's office objects; there is no court hearing. If the recommendation is to deny, it will be forwarded to the District Attorney's office, and then a court hearing date will be given.

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	Martinez wants one original plus two copies.		Martinez wants one original plus two copies.

	Richmond ~~want original plus one additional copy.~~		Richmond and Pittsburg just want original.

	Pittsburg just ~~wants~~ original.

Sysop: /* Results of expungement */

2016-09-28T16:59:31Z

Results of expungement

← Older revision		Revision as of 16:59, 28 September 2016
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	==Results of expungement==		==Results of expungement==

			===Impeachment===
			Under Evidence Code section 788, a conviction expunged under Penal Code section 1203.4 cannot be used for impeachment. ''People v. Fields'' (1995) 31 Cal.App.4th 1778, held that "the Truth-in-Evidence provision [of Proposition 8] has no effect on the expungement limitation of Evidence Code section 788."

	===Statutes and Regulations===		===Statutes and Regulations===

Sysop: /* Results of expungement */

2016-09-28T16:52:23Z

Results of expungement

← Older revision		Revision as of 16:52, 28 September 2016
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	::(A) Any arrest or detention that did not result in conviction;		::(A) Any arrest or detention that did not result in conviction;
	::(B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code section 389 and Penal Code sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code section 1203.4; or		::(B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code section 389 and Penal Code sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code section 1203.4; or
	::(C)Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code sections 1000.5 and 1001.5.		::(C)Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code sections 1000.5 and 1001.5.

			====Evidence Code section 788====
			For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been convicted of a felony unless:
			:(c) The accusatory pleading against the witness has been dismissed under the provisions of Penal Code Section 1203.4, but this exception does not apply to any criminal trial where the witness is being prosecuted for a subsequent offense.

	==Expungement by counties==		==Expungement by counties==