CLEANING UP YOUR CRIMINAL RECORD—Later in Reentry

WHAT WILL I LEARN?

There are MANY different ways to clean up your criminal record. This section will explain all of the different options in California, along with the rules and process for each one.

  1. Why could it be helpful to “clean up” my criminal record?

  2. If I am required to register with local law enforcement because of a sex, arson, or drug conviction, how will cleaning up my record affect my registration requirement?

  3. What information will I need to clean up my record?

  4. Why do I need this information for expungement?

  5. Where do I get this information for expungement?

  6. California “Expungement” of State Convictions

    1. What is “expungement”(a dismissal) in California?

    2. What does expungement do?

    3. What does expungement not do?

    4. Who can see my record—even if it is expunged?

    5. Can a private employer find out about my expunged conviction?

    6. What types of convictions can be expunged?

    7. What types of convictions can’t be expunged?

    8. Because I have a felony conviction, but never went to prison for it, can I get it expunged?

    9. Because I have a felony conviction that was sentenced to county jail under Realignment instead of state prison, can i get it expunged?

    10. What are the different types of expungement and what do they require?

    11. CHART: Which type of expungement am I eligible for?

    12. Getting Your Conviction “Expunged”

  7. Reducing Felonies to Misdemeanors

    1. Which felony convictions can be reduced to misdemeanors?

    2. What is a “wobbler” and why is it important for expungement?

    3. I want to get my felony “wobbler” expunged. What are the steps to getting it reduced to a misdeameanor so that it is then eligible for expungement?

    4. Are there penalties that will still affect me even if my felony is reduced to a misdemeanor?

    5. What is the process for getting a felony “wobbler” conviction reduced to a misdemeanor, and then expunged?

    6. My conviction was for a felony and I was sentenced to state prison. What, if anthing, could I do to get it expunged?

  8. Proposition 47: Reclassification and Resentencing Under the New Law

    1. What is Proposition 47, and how could it help me?

    2. What offenses does Prop. 47 reduce?

    3. Who can get Prop. 47 relief?

    4. Who cannot get Prop. 47 relief?

    5. Who can get Prop. 47 remedies?

    6. What does Prop. 47 not do?

    7. How does Prop. 47 change a conviction on my criminal record?

    8. Can Prop. 47 change the amount of court-ordered fines I owe?

    9. How do I get my conviction reduced under Prop. 47?

    10. If I get my felony reduced under Prop. 47, can I also get it expunged?

  9. Proposition 64: California’s New “Adult Use of Marijuana” Law

    1. What is Proposition 64?

    2. How could Prop. 64 help me?

    3. What offenses does Prop. 64 reduce or eliminate?

    4. Who can get Prop. 64 relief?

    5. Can I be resentenced under Prop. 64?

    6. How do I get resentenced under prop. 64?

    7. Can I get a prior marijuana conviction reduced or removed under prop. 64?

    8. What does Prop. 64 not do?

    9. If I get my felony reduced under Prop. 64, can I then get it expunged?

    10. What if I have a gun possession conviction, or other offense/enhancement that I would not have had without my felony marijuana conviction or sentence?

    11. Does Prop. 64 impact my federal sentence?

    12. Does Prop. 64 help with immigration consequences?

    13. Can employers located in California still drug test me even though Prop. 64 passed? Can employers refuse to hire me or fire me for using marijuana?

  10. Certificates of Rehabilitation

    1. What is a Certificate of Rehabilitation and how could it help me?

    2. Who can get a Certificate of Rehabilitation?

    3. Who cannot get a Certificate of Rehabilitation?

    4. What can’t a Certificate of Rehabilitation do for me?

    5. When can I get a Certificate of Rehabilitation?

    6. I’ve had a new conviction since my original offense? Can I still apply for a Certificate of Rehabilitation for the original offense?

    7. How do I get a Certificate of Rehabilitation?

  11. Governor’s Pardon

    1. What is a Governor’s pardon?

    2. Who can get a Governor’s pardon?

    3. Who cannot get a governor’s pardon?

    4. How could a Governor’s pardon help me?

    5. How can’t a Governor’s pardon help me?

    6. If I am eligible, how could I get a pardon?

    7. If I am eligible, when could I apply for a pardon?

    8. What is the process for getting a pardon?

    9. How do I apply for a Traditional Pardon directly from the Governor (without a Certificate of Rehabilitation)?

    10. Once I have applied for a pardon, what happens?

    11. What happens if my pardon is granted?

    12. What can I do if my pardon is denied?

  12. Sealing California State Adult Arrest Records

    1. What does it mean to have an arrest record “sealed” in California?

    2. What arrest records can be sealed by the court?

    3. Are there other legal requirements for getting an arrest record sealed?

    4. When could I get my arrest record sealed?

    5. What is the process for getting my arrest record sealed?

    6. Can I seal an arrest or conviction that happened while I was a victim of human trafficking?

  13. Sealing California State Juvenile Records

    1. What could show up in my juvenile record?

    2. Who can see my juvenile record?

    3. Who can get their juvenile records sealed?

    4. Who cannot get their juvenile record sealed?

    5. What is the process for getting my juvenile record sealed?

  14. Federal Expungements & Dismissals

    1. What types of federal expungement are available, and how could they help me?

    2. Who can get a federal expungement or dismissal?

    3. I meet all of the requirements for federal expungement. What are my next steps for pursuing the expungement?

    4. Can I get a Certificate of Rehabilitation for a federal conviction?

  15. U.S. Presidential Pardons

    1. Who can get a presidential pardon of a federal conviction?

    2. How do I go about applying for a presidential pardon?

  16. Understanding & Reducing the Immigration Consequence of Criminal Records

    1. How much have deportations increased under President Trump’s administration?

    2. How have U.S. immigration policies changed under President Trump?

    3. What protections are available under California’s state laws and the local practices of “sanctuary” cities and counties in the state?

    4. Do I have any options if I pled “guilty” or “no contest” in a criminal case if I didn’t know the immigration consequences of that decision?

    5. Are there any other ways that I can clean up my record that might help me for immigration purposes?

    6. As a person with a record, what resources are there to help me with my immigration questions?