EXPUNGEMENT APPENDIX

EXPUNGEMENT APPENDIX

Getting Your California (DOJ) RAP Sheet – PG. 990Request for Live Scan Service (form BCIA 8016) & Instructions – PG. 991Sample Letter and Declaration for Fee Waiver—California (DOJ) RAP Sheet – PG. 994Getting Your FBI (Federal) RAP Sheet – PG. 996FBI RAP Sheet Request Checklist – PG. 997Fixing Errors in Your California (DOJ) RAP Sheet – PG. 998Fixing Errors in Your FBI (Federal) RAP Sheet – PG. 1000Fixing Errors in Your Background Check – PG. 1002Sample Letter to Challenge Information in Your Background Check – PG. 1004Sample Statement of Dispute – PG. 1005Petition for Dismissal (California Expungement) – PG. 1006Tips for Writing a Declaration – PG. 1009Sample Declaration – PG. 1010Tips for Gathering Letters of Support – PG. 1011Sample Letter of Support – PG. 1012Motion for Early Termination of Probation – PG. 1013Sample Motion for Early Termination of Probation – PG. 1015How to Reduce Your Felony Conviction to a Misdemeanor under 17(b) – PG. 1022Sample Petition to Reduce Felony Conviction to Misdemeanor – PG. 1024Resentencing & Reclassification Under Prop. 47 – PG. 1030Changes to Criminal Penalties for Adults & Juveniles under Proposition 64 – PG. 1032Proposition 64 Court Forms for Adult and Juveniles – PG. 1037Certificates Of Rehabilitation—Period Of Rehabilitation – PG. 1043Certificate Of Rehabilitation—Petition For Certificate Of Rehabilitation – PG. 1044Governor’s Pardon—Application For Traditional Pardon Directly From Governor (Without Certificate Of Rehabilitation) – PG. 1046How to Seal Your Adult Arrest Record (California State Records) – PG. 1048How to Seal Juvenile Records – PG. 1050How to Get DNA Expungement – PG. 1051Sample California RAP Sheet – PG. 1053FBI Applicant Information Form – FBI RAP Sheet – PG. 1054FBI-Approved Channelers – PG. 1056Petition for Dismissal (CR-180) & Order for Dismissal (CR-181) – PG. 1057Prop. 47 – Sample Petitions for San Fransisco, Sacramento, and Los Angeles – PG. 1061Application for a Direct Governor’s Pardon – PG. 1067Petition & Order to Seal and Destroy Adult Arrest Records – PG. 1071Immigrant Legal Resource Center Warning on Marijuana & Immigrants – PG. 1074
APPENDIX A
Getting Your California (DOJ) RAP Sheet

Get and Fill out the “Request for Live Scan Service” (Form BCIA 8016).

You may download this form from the DOJ website at: http://oag.ca.gov/fingerprints/security.[3242] It should also be available at any public Live Scan Site.[3243] For a listing of public Live Scan Sites throughout California, visit the DOJ’s website at: https://oag.ca.gov/fingerprints/locations. (See APPENDIX B, on PG. 990 for a sample Request for Live Scan Services form and instructions for filling it out.)

IMPORTANT INFORMATION ABOUT FILLING OUT THE REQUEST FOR LIVE SCAN SERVICES FORM:

Find a Live Scan Site near you.

Live Scan services are available at most local police departments and sheriff’s offices.[3244] There are also hundreds of Public Live Scan sites around the state. To find a public Live Scan location near you, check your local yellow pages, or visit the DOJ website at: https://oag.ca.gov/fingerprints/locations. The fees and hours vary from site to site (and change often), and some sites require appointments whereas others allow walk-ins. For this reason, it is always recommended that you call the site you want to visit beforehand to make sure you they’re open and know how much it costs. (Note: Most Live Scan sites charge between $20-40 for fingerprinting, but there is a lot of variation from one location to another.)

Get Fingerprinted.

Take your completed “Request for Live Scan Service” with you to the Live Scan site when you go to get fingerprinted.

Mail your Live Scan fingerprints, along with a $25 fee, to:

California Department of Justice: Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

Fee waivers: What to do If you cannot afford the $25 fee

If you cannot afford the $25 fee, you can request a “fee waiver”—meaning you will NOT have to pay to get your RAP sheet. To request a fee waiver, you can fill out an “Application for Record Review Processing Fee Waiver Claim and Proof of Indigence” form (see Appendix C, on PG. 994). This form lets you choose from three reasons why you can’t afford the fee— you receive public benefits (such as CalWORKS, CalFRESH (food stamps), MediCal, or unemployment insurance); you are currently incarcerated; or your income falls below 138 percent of the federal poverty guidelines. If possible, you may want to send copies (not the originals!) of your pay stubs, bank account records, or other documents showing your income and expenses. If you do not receive the request after 2 weeks, call the DOJ at (916) 227-3835 to make sure that your documents are being processed. Leave your full name and a telephone number in their voicemail so they can return your call

How long will I have to wait for my California RAP sheet?

Once you send in your forms, it can take up to 2 months (anywhere from 1—8 weeks) to get a copy of your California (DOJ) RAP sheet, depending on how long your RAP sheet is (i.e., how much information it contains). If your RAP sheet is fairly long (in other words, if you have had many encounters with law enforcement and/or the criminal justice system), it takes longer for the DOJ to process your request, because they have to research and verify all of the information.[3245]

APPENDIX B
Request for Live Scan Service (form BCIA 8016) & Instructions

See next page

Appendix C
Sample Letter and Declaration for Fee Waiver—California (DOJ) RAP Sheet

PLEASE NOTE: To request a fee waiver, send (1) a fax cover sheet (sample letter below for this purpose), (2) a fee waiver declaration form (see next page for a copy of this form), AND (3) proof of public benefits to the California Department of Justice by fax to 916-227-1964, or by mail to Bureau of Criminal Identification and Information, Attention: Record Review Unit, P.O. Box 903417, Sacramento, CA 94201-4170.

Bureau of Criminal Identification and Information

Attention: Record Review Unit

P.O. Box 903417

Sacramento, CA 94201-4170

Dear Record Review Unit,

Enclosed with this letter, please find a request for waiver of the fee for criminal history record and proof of public benefits. Please send the Request for Live Scan form to the following address:

[YOUR NAME]

[YOUR STREET ADDRESS]

[CITY, STATE, ZIP CODE]

Sincerely,

[SIGN NAME]

APPENDIX D
Getting Your FBI (Federal) RAP Sheet

There are two ways to get a copy of your FBI (federal) RAP sheet:

OPTION 1: Request your “Identity History Summary” (RAP sheet) from the FBI directly.

STEP 1: Fill out BOTH the FBI’s “Applicant Information Form”[3246] (see APPENDIX DD, on PG. 1054) AND the “Request for Live Scan Service” (Form BCIA 8016RR) (See APPENDIX B, on PG. 991).[3247]

    Print the forms and fill them out by hand, OR fill out the forms online and then print them.
    Where the form says: “Type of Application,” check the box for “Record Review.”
    Where the form says: “Reason for Application,” write “Record Review” on the line.
    Review the Identity History Summary checklist (see APPENDIX E, on PG. 990) to make sure you don’t miss any of the steps.[3248]

STEP 2: Take the completed “Request for Live Service Scan” form to a Public Live Scan Site to get fingerprinted.

    Live Scan services are available at most local police departments and sheriff’s offices.[3249] There are also hundreds of Public Live Scan sites around the state. To find a public Live Scan location near you, check your local yellow pages, or visit the DOJ website at: https://oag.ca.gov/fingerprints/locations.

STEP 3: Make your payment to the FBI.

    The charge is $18 per copy of your Identity History Summary.[3250]
    You can pay by credit card, money order, or certified check made out to the “Treasury of the United States.”

STEP 4: Mail all forms and your $18 payment to: FBI CJIS Division—Record Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306

Note: It can take up to 3 months (or more!) to get a copy of your FBI RAP sheet after sending in your forms and payment.[3251]

For more information, visit Frequently Asked Questions about Identity History Summary checks on the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/faqs.[3252]

OPTION 2: Ask an FBI-approved “Channeler” (While this is a faster process, it may include extra fees!)

An FBI-approved “Channeler” is a private business that has contracted with the FBI to be the “middle-man” when you request a copy of your FBI RAP sheet. The Channeler will collect your all of your fingerprints, personal data, and fee(s), and then send everything to the FBI for you. Afterward, the FBI will send your RAP sheet to the Channeler, and the Channeler will forward the RAP sheet to you. This is a faster process than requesting your RAP sheet from the FBI directly, but channelers generally charge extra fees. Contact each Channeler to learn more about their specific procedures and instructions, processing times, and costs.

STEP 1: Find an FBI-approved Channeler.

    A list of FBI-approved Channelers is provided in APPENDIX EE, on PG. 1056.
    This list is also available on the FBI’s website at http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/list-of-fbi-approved-channelers.

STEP 2: Contact the Channeler directly for specific instructions, fees, and processing times.

    For more information about getting your FBI RAP sheet through an FBI-approved Channeler, see http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/fbi-approved-channelers.
APPENDIX E
FBI RAP Sheet Request Checklist
Please check the boxes below to ensure that you have included everything needed to process your request. Include a completed application form. Sign your application. Note: If for a couple, family, etc., all must sign the application. Include a completed fingerprint card. A completed fingerprint card includes the following:
1. Name 2. Date of Birth 3. Descriptive Data 4. All 10 rolled fingerprint impressions. 5. The plain impressions including thumbs of both hands.
Include a credit card payment form, certified check*, or money order for $18.00 per request.
Note: This amount must be exact.
If using a credit card, please ensure the credit card payment form is filled out completely. Don’t forget to include the expiration date of the credit card that you are using. If paying with a certified check or money order, make it payable to the Treasury of the United States.

CASH OR PERSONAL/BUSINESS CHECKS

ARE NOT AN ACCEPTED FORM OF PAYMENT.

Include a form of contact information (i.e., e-mail, telephone number) in case we need to contact you. *To issue a certified check, the bank verifies that sufficient funds exist in the requestor’s account to cover the check and so certifies payment at the time the check is written. Those funds are then set aside in the bank’s internal account until the check is cashed or returned to the payee.
APPENDIX F
Fixing Errors in Your California (DOJ) RAP Sheet

Get the form to request a RAP sheet correction.

When you received your RAP sheet, you should have also received a form called a “Claim of Alleged Inaccuracy or Incompleteness” (DOJ form BCIA 8706). This is the form you must fill out to challenge information in your state RAP sheet. If you do not have this form for any reason, you must contact the Department of Justice to request another copy. This form is not available online, or from any source other than the DOJ. If you cannot get the form, you can send a letter to the DOJ instead.[3253]

Fill out your claim.

Fill out the “Claim of Alleged Inaccuracy or Incompleteness” form, or write your letter. Whether you are filling out the form or writing a letter, you need to explain, as specifically as possible, what the error is—why and how your record is inaccurate or incomplete. Examples of common errors include:[3254]

    Mismatched names. If your RAP sheet contains arrests, convictions, or other information that is unrelated to your past, your name may have been confused with another person’s name.
    Leaving out important information about a case. Sometimes, even if a case against you has been resolved, your RAP sheet may not reflect the updated information. For example, if you were found innocent of the charges, but your RAP still says, “case pending.”
    Revealing sealed information. Your RAP may contain records that should have been destroyed or can only be released by special court order, such as sealed arrests or juvenile offenses.
    Providing misleading information. It is possible that a single charge may appear multiple times on your RAP, making it look like you are a multiple offender.
    Misclassifying your offenses. If a misdemeanor conviction shows up as a felony on your RAP sheet, this is a serious problem!

IMPORTANT! Make sure to fill out all of your personal information clearly and accurately, so the DOJ properly identifies you and investigates the right record!

Include proof of your claim.

You should give the DOJ any proof you have that the information in your RAP sheet is wrong, such as court records, transcripts, court orders, court minutes, a copy of the plea agreement, police records, or other paperwork or evidence that supports your claim.[3255]

IMPORTANT: Sending court records and documents. The Department of Justice does NOT have access to your court documents. If you need copies of court documents to give to the DOJ in order to prove your claim, you must get them from the court where your case was heard and send them to the DOJ yourself.

NOTE: The DOJ assumes that its records are correct. When the DOJ looks into a challenge like this, it often simply checks its version of your record against the copy of your RAP sheet that it sent you. If there is no difference between the two, the DOJ will assume that your RAP sheet is accurate. This is why you must provide proof that the DOJ’s version of your record is wrong!

Mail in your claim and proof.

Send the following documents to the DOJ: Your completed “Claim of Alleged Inaccuracy or Incompleteness” form or letter; a copy of your RAP sheet (keep a copy for yourself!); and any documents or other evidence to prove your claim. You should use the address on the claim form, as it will be the most current address. As of publication of this manual, your claim and supporting documents should be sent to:

Department of Justice
Bureau of Criminal Investigation and Identification
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

Wait for the DOJ’s Review.

After the DOJ has received your paperwork, it will review your claim and decide whether it agrees that your RAP sheet is wrong. If the DOJ agrees that the information in your record is wrong, it will make the changes and send you a new, corrected copy of your RAP sheet.[3256] It can take 2-4 weeks (or sometimes longer) for the DOJ to review all of your paperwork and get back to you with its decision.

Appeal the DOJ’s Decision.

If the DOJ does not agree that your record is wrong, you have the right to request an administrative hearing to challenge the decision.[3257] You should talk to a lawyer if you want to take the next step and request a hearing to challenge the DOJ.

If you have any additional questions about fixing errors in your RAP sheet, you can call the DOJ’s Record Review Unit at (916) 227-3835.

APPENDIX G
Fixing Errors in Your FBI (Federal) RAP Sheet

The FBI gets all of its criminal history information from other law enforcement and criminal justice agencies as well as courts throughout the U.S. The FBI can only change your information if the original agency or court (i.e., the one that sent the information to the FBI in the first place) tells the FBI to change it. If you think your FBI RAP sheet is inaccurate or incomplete, there are 2 ways to correct the information:

OPTION 1: Contact the court or agency that sent your information to the FBI

Note: Each entry on your FBI RAP sheet should list the specific agency that provided the information. This is how you can tell which agency sent the incorrect or incomplete information on your RAP sheet.

    If the incorrect or missing information is from a CALIFORNIA AGENCY OR COURT:

If the incorrect or missing information is from a CALIFORNIA law enforcement agency or court (for example, a local police department, county sheriff, California state agency, or California state court), contact the California Bureau of Criminal Information and Analysis, and ask them to send the FBI corrected or updated information for your Identity History Summary.

How to contact the California Bureau of Criminal Information and Analysis:

By mail:
Bureau of Criminal History Information & Analysis
California Department of Justice, Room G-118
4949 Broadway
Sacramento, CA 95820-1528

By phone: (916) 227-3849

By email: appagencyquestions@doj.ca.gov.[3258]

    If the incorrect or missing information is from an agency or court in ANOTHER STATE:

If the incorrect or missing information is from a law enforcement agency, court, or criminal justice agency in ANOTHER STATE (for example, a local police department, county sheriff, court, or state agency in another state), you will need to contact the state Identification Bureau for that state, and ask them to send the FBI corrected or updated information for your Identity History Summary.

You can find contact information for the Identification Bureau in every U.S. state on the FBI’s website at: http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing.

    If the incorrect or missing information is from a FEDERAL AGENCY OR COURT:

If the incorrect or missing information is from a FEDERAL law enforcement agency, court, or criminal justice agency, you will need to contact the specific agency that sent in your information—for example, the federal agency that arrested you, the federal prosecutor’s office that charged you, or the federal court that processed your case—and ask them to send the FBI corrected or updated information for your Identity History Summary.

The easiest way to find contact information for federal agencies and courts is to search on the Internet using search engines like Google.com or Yahoo.com.

OPTION 2: Go through the FBI directly.

If you don’t know where the incomplete or incorrect information on your RAP sheet came from, you can contact the FBI directly to challenge it, and ask them to correct it.[3259]

Write your challenge letter.

In your letter, you should: (1) clearly state that you think there is inaccurate or missing information in your Identity History Summary; (2) clearly identify what information you think is wrong; and (3) clearly explain why the information is wrong. (For a list of common RAP sheet errors, see APPENDIX F, on PG. 998.)

Include proof of the correct information.

You should also send the FBI any proof you have that the particular information in your RAP sheet is wrong—such as court records, transcripts, court orders, court minutes, copy of a plea agreement, police records, or other paperwork or evidence that support your claim. For example, if your RAP sheet is missing information about the final outcome of a case, you should send court documents showing the final disposition.

Mail your written challenge request.

Send your challenge letter and all your proof (supporting documents and evidence) to:

FBI Criminal Justice Information Services Division
Attention: Criminal History Analysis Tad
Clarksburg, WV 26306

Wait for the FBI’s review.

The FBI will investigate whether the information in your RAP sheet is incomplete or incorrect by contacting the agencies that supplied it as well as other agencies that might have additional information about your case. If the FBI decides that your RAP sheet is wrong or incomplete, it will correct the mistake(s) and let you know.

APPENDIX H
Fixing Errors in Your Background Check

In California, if you want to challenge information found in your background check, these are the steps you will need to take:[3260]

CHALLENGE the background check company’s incorrect information.

You must notify the background check company that ran your background check that there was a mistake in the information included in your background check report.

    Send the background check company a letter to notify them in writing that you are disputing (challenging) the information in your background check. (A sample challenge letter is included in APPENDIX I, on PG. 1004.)
    You should explain why the information is incorrect, and include any proof (documents, facts, and other evidence) to support your claim. Make copies of important documents and include them with your letter.
    You can find the name and address of the background check company in 2 places:
    BEFORE someone runs a background check on you (such as an employer, private landlord, or creditor), they are supposed to tell you and get your PERMISSION. They must also give you the name, address, phone number, and website of the background check company that they are going to use.[3261]
    If someone takes any negative action against you (such as refusing to hire you, rent an apartment to you, or give you benefits) based on information in your background check, they must give you an “ADVERSE ACTION LETTER” that also includes the name, address, and phone number of the background check company that did the background check.[3262]

The background check company INVESTIGATES your claim.

Once the company receives your letter, it MUST investigate your claim free of charge.[3263]

    During the investigation, the company MUST review ALL the evidence you sent in and consider any relevant information.
    The company must notify whoever provided the information that you are challenging it.[3264]
    Based on its investigation, the company MUST update, confirm, or remove the challenged within 30 days (see Step 3 for more information).[3265]

AFTER the background check company finishes its investigation…

The background check company will make a decision about the information you challenged, and must respond to you within 30 days. If you give the company more information that affects the investigation during the 30-day period, the agency can extend the investigation for an extra 15 days. Based on its investigation, the company MUST:

    Correct or remove any information that is inaccurate, incomplete, or can’t be confirmed as true;
    Notify the person or agency that provided the information that it has been corrected or removed from your background check;
    Keep in any information that the company confirms is complete and accurate;
    End the investigation (without making any changes) if the company finds that your claim is “frivolous” or “irrelevant.” This usually means that you have not provided enough information for the company to investigate your claim.
    If the company ends the investigation, it must notify you, explain the reasons for its decision, AND tell you what information it needs in order to continue the investigation.[3266]
    Notify you when the investigation is complete, tell you the results of the investigation, AND send you a new copy of your background check.[3267]

FOLLOW UP after the background check company’s decision!

    If the background check company DOESN’T remove the information, or if there is still information in your background check that you think is incorrect or incomplete, you can add a STATEMENT OF DISPUTE saying that you disagree with the information in your file.[3268] Mail this statement to the background check company, and tell them to include it in your file. (See APPENDIX J, on PG. 1005 for a sample statement of dispute.)
    The company MUST include your statement of dispute in any future background checks it runs AND clearly state that the information is “in dispute” (being challenged as incorrect).[3269]

NOTIFY anyone who has received a copy of your background check.

If the agency corrects or removes any information in your background check, or if you add a statement of dispute to your file, you should ask the background check company to send a notice of the change to ANYONE who received your background check in the last 2 years.[3270]

If the background check company later puts information BACK into your background check that it previously removed…

If a background check company REMOVES challenged information from your background check, it can REINSERT (put back) the information if the company later finds that the information is true.

    If this happens, the background check company MUST:
    Notify you the information has been put back in your file;
    Give you the name, address, and phone number of anyone the company talked to when deciding to put the information back in; AND
    Give you the phone number of the person or agency that provided the information that the company put back in.[3271]
    You also have the right to challenge any information the company puts back into your background check.
    You have can ask the background check company to re-investigate any information that it has put back in your background check. The company must conduct another investigation of the information, tell you the results, make any corrections, and give you a new copy of your background check report (just like in STEPS 2-3).

Why would a background check company PUT BACK information that it previously removed?Sometimes a background check company will REMOVE information from your background check—for example, because it could not confirm that the information was true—but later, the company will find out that the information was true and PUT IT BACK on your background check report to make the report complete.

APPENDIX I
Sample Letter to Challenge Information in Your Background Check

REQUEST[Date]TO: [Name of background check company] [Address of company]Dear Sir or Madam,I hereby request that you reinvestigate the following information contained in your files on me: [description of information that is incorrect or incomplete].This information is disputed for the following reasons: [describe why the information is wrong].Please advise me of the results of your reinvestigation.If the reinvestigation does not resolve our differences concerning the foregoing, I shall provide you with a brief statement for inclusion in any subsequent investigative consumer report concerning me.This request is made pursuant to Civ. Code, § 1786.24.Very truly yours,[Your signature][Your name][Your address]

APPENDIX J
Sample Statement of Dispute

STATEMENT OF DISPUTE[Date]I hereby dispute the following information in my files: [description of information that is incorrect or incomplete].This information is disputed for the following reasons: [describe why the information is wrong].This statement of dispute is made pursuant to Civ. Code, § 1786.24.Signed,[Your signature][Your name][Your address]

APPENDIX K
Petition for Dismissal (California Expungement)

In most cases, you will need to file papers in court and ask a judge to expunge your conviction. This process is called a Petition for Dismissal. The process is almost the same for requesting mandatory or discretionary dismissal, but there are a few small differences. Remember, it is always good to ask a lawyer for assistance, especially if you are requesting discretionary dismissal.

Find California Court Form CR-180 and CR-181 (Petition and Order for Dismissal)in Appendix KK, on PG. 1057.

Get the court forms you will need to request an expungement from the court: the Petition for Dismissal (form CR-180) and the Order for Dismissal (form CR-181)

    The “Petition for Dismissal” (form CR-180) is the formal document you use to ask the court to expunge your conviction.
    If the judge approves your expungement, s/he will sign the “Order for Dismissal” (form CR-181) to make your expungement an official court order.
    You can get these forms from several places, including.
    The Clerk of the court where you were convicted;
    The California Courts’ official website (http://www.courts.ca.gov/documents/cr180.pdf); or
    From your lawyer.
    A sample form CR-180 and form CR-181 are included in APPENDIX FF, on PG. 1057 for reference. BUT it is always better to get the most current version from an official source, in case there have been any recent changes to the form.

IMPORTANT: If you have convictions from multiple cases, you will need to file a separate petition for each case.

Fill out your court forms (Petition AND Order)[3272]

Here are some tips for filling out the forms:

    Petition Fill in ALL the information that the forms ask for. You will need the information from your RAP sheet (or court records from all of your cases) in order to fill out the forms.
    Petition question #1If you are filing a petition to have a felony “wobbler” expunged, you will need to mark “Yes” in the box that asks if the felony is eligible for reduction to a misdemeanor under Penal Code Section 17(b). (See PG. 953 for more information about expungement of felony “wobblers.”)
    Bottom of Petition —If your sentence included probation, check the box for “1203.4.” If your sentence did NOT include probation, check the box for “1203.4a.” If you were convicted of a felony under California’s Realignment Act, check the box for “1203.41.” (See PG. 943 for more information about expungement of felonies that were sentenced under Realignment.)
    Bottom of Petition—Don’t forget to sign the form and put the date!
    OrderOnly fill out the top boxes (for “Lawyer or Party Without Lawyer,” “People of the State of California v. Defendant,” and “Case Number”), and leave the rest of the form blank (all of the numbered questions). Make sure the information is the same as the top boxes on the Petition form! The judge will fill in all the other information after deciding whether or not to grant your expungement.
    Petition AND OrderIf you are filling out the forms for yourself, you are BOTH the “petitioner” AND the “defendant,” so you should fill in your information wherever you see these terms.
    If your conviction qualifies for mandatory dismissal, you only need to fill out the Petition (CR-180) and Order (CR-181) forms. However, if your conviction only qualifies for discretionary dismissal, you will need to include a few more documents in addition to your petition. (See PG. 944 for more information on the difference between mandatory and discretionary expungement, and to figure out which type of expungement you qualify for.)

***FOR A DISCRETIONARY DISMISSAL, GO TO STEP 3. FOR MANDATORY DISMISSAL, SKIP TO STEP 4.***

(FOR DISCRETIONARY PETITIONS ONLY) Gather additional supporting documents to include with your Petition.

If you are requesting a discretionary dismissal, you will also need to include the following documents. (Note: Make a photocopy of any documents you send with your petition, and keep the original for yourself!)

    A Declaration. A declaration is a statement that you write under penalty of perjury, that explains why expungement of your conviction is “in the interests of justice.” Your declaration should say why you deserve to get an expungement, and how it will help you succeed in the future:[3273]
    How have you changed since your conviction? What was going on in your life at the time of the conviction? What has changed in your life since then?
    What efforts have you made toward rehabilitation? What are you doing to improve yourself and your situation (such as treatment programs, work or school, connecting with family, finding religion)?
    What are your goals for the future (for example, getting a job or promotion, getting your GED or a college degree, connecting with family, starting a business)?
    How will getting an expungement help you to achieve your goals?
    You can use the official Declaration form (MC-031) published by the Judicial Council of California which is available from the court clerk, or on the California Courts website at: http://www.courts.ca.gov/documents/mc031.pdf.
    For tips for what to write in your Declaration, see APPENDIX L, on PG. 1009. For a sample Declaration, see APPENDIX M, on PG. 1010.
    Letters of Support. Letters of support serve as character references and emphasize the positive impact that granting your dismissal will have. You should ask for letters from people who know you well, and who can talk about your positive qualities, your accomplishments, and your rehabilitation efforts. These can be from your rabbi, priest, or pastor; your employer (current or previous); your teachers; your sponsor or mentor; your counselor or case manager; community leaders and other members of community organizations that you are involved in; and your friends, family, and neighbors. When you ask someone for a letter of support, you can remind them of your accomplishments and explain what you would like them to write about (for example, how you have changed since your conviction, your efforts at rehabilitation, your good character, your efforts to improve yourself and help others around you, and why you deserve to have your conviction expunged). For more information on how to write a Letter of Support and tips for what to write, see APPENDIX N, on PG. 1011. A sample Letter of Support is included in APPENDIX O, on PG. 1012.
    Proof of Accomplishments. If you have completed any classes or training programs since your conviction (such as vocational training or job readiness programs; GED classes, or other schooling; mentorship courses, reentry programs, restorative justice workshops, or any other treatment programs), or if you have earned any certificates, awards, or degrees, or if there are any other accomplishments that you’re proud of, you should make sure to include this information with your petition! This can be anything you accomplished while you were incarcerated or since you’ve been released. (Note: Make a photocopy of any documents you send with your petition, and keep the originals for yourself!)
    Letter to Request a Hearing. If you are asking for a discretionary expungement, you should ALWAYS ask for a hearing in front of a judge, so that you have the best chance to convince him/her to grant your request. To ask for a hearing, write a very brief letter saying that you would like to request a hearing on your Petition for Dismissal. Make sure to include your name and case number, and address your letter to “The Honorable Judge” (with the judge’s name, if you know it). Turn in this letter with your Petition and other documents.
    Other Documents: Each court may have local rules about what additional documents you can include with your petition and what documents you should bring to the hearing. Check with the court clerk about what to do with any other documents that you would like the judge to consider.

Make copies of your petition and supporting documents.

After you have filled out your petition and attached your supporting documents, you will need to make several copies of everything. Ask the court clerk how many copies are required by the court in your county. If you can’t talk to the clerk, make at least five copies to be safe.

Often, the original petition goes in the court’s file (the “docket”), one copy goes to the District Attorney, one copy goes to the probation department, and one “courtesy” copy is saved for the judge. But these procedures may vary by county, so it’s important to ask the clerk how many copies you need to make.

“Serve” the Court Papers

What is “service” and how do I do it?[3274] Service is the formal process of giving copies of the documents in a court case to the other people connected with the case. It is a very important step because it lets the other people know 1) that your court case exists, and 2) what actions have been taken in the case so far. A case CANNOT go forward until the court documents are properly served (delivered). The most common methods of service are in person or by mail, although in come situations, service can be by fax or email also.

In general, for an expungement petition, your papers have to be served on the District Attorney and the county probation department. Ask the court clerk whether there is anyone else who needs to get the papers also.

File Your Petition and “Proof of Service” with the Court Clerk.

After your papers have been “served” on all of the other parties, bring the following documents to the court clerk: Your original Petition; your additional supporting documents (if you are requesting a discretionary dismissal); one set of copies for your records; AND the Proof of Service for your Petition. The clerk will stamp your papers with the date and give you a stamped copy. Remember, the court clerk will usually have an office or counter at the courthouse, so that’s where you will need to go to file your papers. The clerk may or may not give you a court date for a hearing before a judge.

    FOR MANDATORY DISMISSALS: In some counties, mandatory expungements are granted without any hearing on your Petition. Other counties require a formal hearing before an expungement is granted.
    FOR DISCRETIONARY DISMISSALS: If you are requesting a discretionary expungement, you should ALWAYS ask for a hearing before a judge, so that you have the best chance to convince him/her to grant your expungement. Tell the court clerk that you would like to request a hearing and show him/her your letter requesting a hearing, which you should include with your other documents.

Go to Your Court Date/Hearing

If you are given a hearing date, you or your lawyer MUST go to court for the hearing!

    FOR MANDATORY DISMISSALS: If you qualify for a mandatory dismissal, the judge will grant your petition, and dismiss your case. You shouldn’t have to do anything if there is a hearing. You should receive something in the mail from the court within a few weeks confirming that your record has been officially changed.
    FOR DISCRETIONARY DISMISSALS: If you are requesting a discretionary dismissal, the hearing is your chance to explain your case to the judge and persuade him or her that dismissing your conviction is “in the interests of justice.” You will need to show the judge why you deserve to have your conviction expunged, and how an expungement will help you succeed and achieve your goals.[3275] You should be prepared to explain the information in your Declaration and in any supporting documents that you included with your Petition. Make sure you bring extra copies of these documents to the hearing! In general, the judge will tell you right there at the hearing whether or not your expungement is granted.

Follow up!

After the judge grants your expungement and signs the Order making it official, the court will send the information to the Department of Justice and other law enforcement agencies. It may take a few months for these agencies to correct your official criminal record (RAP sheet) to show that your conviction was expunged. You should follow up with the Department of Justice in 3-4 months to confirm that the changes were made. Remember, expungement does NOT erase the conviction from your criminal record. Instead, your RAP sheet will state that your case has been “dismissed [in] furtherance of justice (DISM, FURTH OF JUST)” OR “dismissed pursuant to PC 1203.4.”

If the DOJ has NOT corrected your record after several months, you may need to ask them to do so by filing a “Claim of Alleged Inaccuracy or Incompleteness” (form BCIA 8706). The process for challenging and correcting information in your RAP sheet is detailed in APPENDIX F, on PG. 998.

If your petition is denied, re-file it

If your petition for expungement is denied, you are allowed to file it again (“re-file”). At the end of your hearing, ask the judge to explain the reason why s/he did not grant your request for an expungement, so that you can take steps to fix the problem before you re-file your Petition. If you forget to ask or cannot get this information from the judge for some reason, try calling the court clerk to see if he or she can help you figure out what to do to make sure your Petition is granted the next time.[3276]

APPENDIX L
Tips for Writing a Declaration

The declaration is your chance to present evidence to convince the judge that you deserve an expungement. Here are some tips for writing your declaration:[3277]

    First, explain the basic information about your conviction and sentence. Tell the judge why your conviction meets the requirements for discretionary expungement (see PG. 945 for a list of requirements).
    Next, explain why granting your expungement would be “in the interest of justice”—meaning why you deserve to have your conviction expunged, and how the expungement will help you succeed in the future.
    Here are some examples of things you may want to talk about (but only if they are true for your situation!):
    If there were circumstances that made your life especially difficult at time of your conviction;
    How you are turning your life around;
    Your work and/or school history (including any vocational training, GED or other classes, and other programs you’ve participated in);
    Current opportunities for work, school, and other activities to enrich your life, and how expungement will help you take advantage of these opportunities;
    Your family situation and needs, and how an expungement will help you reconnect with, support, or otherwise benefit your family; and
    Any problems you have had completing probation, and what you are doing to address those problems.
    You should be specific and honest, and include as many details as possible to give the judge a concrete picture of what happened. But you should not include irrelevant or unnecessary information that might distract him/her.
    Finally, it is recommended that you ask a lawyer to look over your declaration before you turn it in, if possible.
APPENDIX M
Sample Declaration

SAMPLE DECLARATION IN SUPPORT OF 1203.4 PETITION

NAME

ADDRESS

SUPERIOR COURT OF CALIFORNIA

COUNTY OF _______

PEOPLE OF THE STATE OF CALIFORNIA, Case No.:

Plaintiff DECLARATION IN SUPPORT OF

VS. PETITION UNDER P.C. 1203.4

NAME

Defendant

---------------------------------------------------------------------------------------------------------------------------------

I, NAME, declare:

I believe the following facts justify my petition for expungement:

1. I was convicted of violating California Penal Code, (describe offense), committed on DATE. (Briefly describe circumstances of cases)

2. (Describe life circumstances at time of conviction, e.g.: In 1997, after this conviction for possession of methamphetamines, I was literally “scared straight. I realized that I needed to change my life entirely; I decided to get clean. Although it was difficult, I stopped doing drugs on my own.)

3. (Describe life circumstances since incident/conviction, e.g.: I have not had alcohol for over 10 years. I have not done any drugs for five years. Over the past year, I have participated in Alcoholics Anonymous to get support for staying “clean and sober,” and in order to get my drivers license back to help with finding

and retaining a job. I am in the process of joining a labor union of cement masons in order to find work. I am living at a shelter until I can find employment.)

4. (Describe/explain any other contacts with law enforcement since the incident/conviction, e.g. since the 1997 convictions, I have had one contact with law enforcement. I was cited and released for driving on a suspended license. Currently, I am working with the DMV and the courts to get my drivers license

back and clear this violation from my record.)

5. (Describe why you need an expungement, e.g., my prior conviction is greatly limiting my job opportunities and an expungement would allow me to work and achieve my goal of self- sufficiency and continued sobriety. I respectfully request that the court use its discretion to expunge my misdemeanor conviction and grant me a second chance to work and support myself. I declare under penalty of perjury of the laws of the State of California that the above is true and correct to the best of my knowledge.

Executed on DATE, at CITY, California

APPENDIX N
Tips for Gathering Letters of Support

Who Should I Ask?

    Current and previous employer(s)
    Friends and family
    Mentors or sponsors
    Faith-based leaders
    Teachers
    Counselors
    Community leaders and members of community organizations
    Anyone else who can speak to your character and rehabilitation efforts, and will be seen as credible by the court

What Should My References Write in the Letter?

    For a Character Letter from an Employer or Previous Employer the person should:
    Define their relationship with you. Give specific details about who they are, how they know you, and how long they have known you.
    Give the reader a reason to respect their letter of support (through their career, community involvement, education, etc.). They need to establish their own credibility.
    Give specific information and details about your employment (wages, length of time employed, responsibilities, manner of performance, etc.).
    Provide how they will continue or increase their support for you.
    Thank the reader for consideration of their letter. They may also want to mention that they are available to provide further information, and provide their phone number or other contact information.
    For a Character Letter from anyone else they should:
    Define their relationship with you. Give specific details about who they are, how they know you, and how long they have known you.
    Give the reader a reason to respect their letter of support (through their career, community involvement, education, etc.). They need to establish their own credibility.
    Give specific information and details about you, focusing on how they have experienced your positive personal assets.
    Provide how they will continue or increase their support of you.
    Thank the reader for consideration of their letter. They may also want to mention that they are available to provide further information, and provide their phone number or other contact information.

HERE ARE SOME GENERAL GUIDELINES ON ASKING FOR LETTERS OF SUPPORT.

General Reminders:
    Make it as easy for people as possible! People are busy and letters of support can take time to write. Some ways you can make it easier for the people you are asking to help you are:
    Give them plenty of time. Don’t ask them 2 days before you need to turn in the letter. Give them plenty of time to work on it so they don’t feel rushed and can put thought into what they’re writing.
    Give them plenty of information. Make sure to remind them of things they can write about, such as your accomplishments or your positive impact on them.
    Give them friendly reminders. If someone hasn’t responded to you or hasn’t given you a letter by the date you asked to have it done by, try writing them a quick email or calling them. Be polite and not demanding. Your message should be along the lines of “I know you are busy, but I was curious if you will have any time to work on that letter of support I asked you about?”
    Have a variety of people write letters for you. You should have letters from people who know as many different aspects of you as possible. Don’t get all of your letters from people who all know you from the same activity or area of your life.
    Keep it Short. It is best to keep the letters short, about 1–2 pages. This will make them easier to read and also less time consuming to write.
APPENDIX O
Sample Letter of Support

Date

To Whom It May Concern:

Name has been a wonderful position or volunteer with name of organization or company since date. (Include a description of the organization or company and the work they do).

Name volunteers/works an average of # hours per week with varied duties. (Describe nature of work performed, e.g. filing and light clerical, coaching a boys’ basketball team, or assisting with youth programming. Also include ways that the petitioner excels and other commentary on the petitioner’s commitment to volunteering or working).

Name genuinely enjoys helping people, and she/he has actively sought out ways to get more involved with the work of name of organization or company. (Include any examples of ways the petitioner has gone the extra mile, e.g. available in a pinch, covers for others, represented the organization at an event).

(Closing remarks to reinforce the quality of the work/volunteer efforts of the petitioner, e.g., it has been a delight having X volunteer at our office; his/her assistance is truly appreciated.).

Sincerely,

Your name Title

APPENDIX P
Motion for Early Termination of Probation

To request early release from probation, you will need to file a Motion for Early Termination of Probation in the court where you were convicted. Because this process requires drafting a formal court pleading with accompanying documents, it is recommended that you ask a lawyer for help. Ideally, you should contact the lawyer who represented you when you were sentenced, but any private criminal defense lawyer or Public Defender should be able to help you.

The process for filing a Motion for Early Termination of Probation is as follows:

Write your Motion and Supporting Documents.

There is no official court form for this motion, so you or your lawyer will have to write your own motion. Your motion will consist of these 5 parts:[3278]

    Notice of Motion—This tells the judge what you want to him or her to do. In other words, it tells the judge that you want to be released early from probation.
    Memorandum of Points and Authorities—This section explains the law (California Penal Code section 1203.3(a)), the facts about your individual situation, and the evidence you have to justify your request for early release.
    Declaration—This is your sworn statement that all the facts about your individual situation are true. Your Declaration must include ALL of the facts that you use to make your points in your Memorandum and all the information that you want to tell the judge to convince him or her to grant your request.
    Proposed Order—This is the document the judge signs if s/he grants your early discharge and terminates your probation.
    Proof of Service—You will need to give copies of your court papers to the other people involved in your case (generally the District Attorney and the probation department—ask the court clerk if there is anyone else). The Proof of Service proves that you gave copies to everyone who was supposed to get them.

Make Copies & File your Motion

    Once your motion and other papers are all ready, make copies for everyone who will receive it. Check with the court clerk to see how many copies you will need. Generally, you will need one copy for the DA, one for the Probation Department, and one for your own records, but you should ask the clerk if there is anyone else. You may also want to make a courtesy copy for the judge.
    Bring the original motion and all copies to file with the clerk in the court where you were convicted. The clerk will file your Motion, keep the original copy for the court file, and give you back the copies you need for yourself and the other parties (DA, probation department, etc.).
    After you file your motion, the clerk will give you a court date for a hearing before a judge. Ask the clerk what room your hearing will be in.

Serve your court papers on the other parties

    Service is the official process of giving copies of your court documents to other people connected with the case.
    Ask the court clerk whether you are responsible for serving your court papers, or whether the clerk will do it directly. If the clerk gives you back more than 1 copy when you file your court papers (see Step 3), this most likely means that you are responsible for service!
    If the clerk says that you are responsible for service, this means that you must make sure that all necessary parties (DA, probation department, and anyone else the clerk tells you) get a copy of your papers motion in the proper manner.
    If you are responsible for service, make sure to have your papers served on (delivered to) the DA at least 2 days before the court date for your hearing! The law requires you to give the DA at least 2 days notice of your Motion so he or she can prepare for the hearing as well.[3279]

Attend The Hearing

    When you file your Motion for Early Termination of Probation, the clerk will give you a court date for your motion to be heard by a judge. You MUST go to court for the hearing on that date and time!
    At the hearing, you will explain to the judge all the reasons why releasing you from probation early is “in the interests of justice”—in other words, why you deserve to be released early from probation, and why being off probation will help you to achieve your goals and avoid further hardships. You should talk about all of the factors discussed above, including (1) your successful fulfillment of your probation requirements and satisfaction of all conditions; (2) your good conduct, efforts at rehabilitation, and other accomplishments (work, school, volunteer efforts, family responsibilities, etc.); (3) what you have learned and how you have changed since your offense; and (4) why staying on probation will cause you hardship (for example, preventing you from finding work, attending school, traveling to see your family, etc.).[3280]
    If the judge grants you early release from probation or changes your probation in any other way, he or she must explain the reasons for doing so. Also, before the judge signs the Order to officially end your probation, s/he must first notify your probation officer.[3281]

Re-filing Your Motion

    Remember, a decision to terminate your probation early is entirely up to the judge to decide. However, if the judge denies your motion, you can re-file it. Make sure you find out why the judge denied your request so that you can fix the problem before you re-file. If there is something the judge wants you to include with your motion next time, make sure you include it. If there is something the judge wants you to do before he or she is willing to grant your request, make sure you do it!
    Finally, although there is no limit to how often or how many times you can re-file, do not be a nuisance! The last thing you want to do it put the decision in the hands of an annoyed judge!
appendix Q
Sample Motion for Early Termination of Probation

APPENDIX R
How to Reduce Your Felony Conviction to a Misdemeanor under 17(b)

As Part of Your Expungement Petition:

If you want to reduce your felony conviction to a misdemeanor AND get your conviction expunged, it is very easy to do both at the same time When you have your court hearing for your expungement, the judge will consider both requests—first your request to reduce the conviction to a misdemeanor, and then your request to have it expunged. If you meet all the requirements, usually the judge will grant both of your requests together. (For a list of the requirements for reducing a felony to a misdemeanor, see PG. 951. For expungement requirements, see PG. 942.)

There are two main steps to this process:

    File Your Petition for Dismissal:
    The Petition for Dismissal (form CR-180) that you must file to get your conviction expunged has a box to check if your conviction is also eligible to be reduced. When you are filling out your Petition for Dismissal, mark the box on question # 1 to show that the conviction is eligible for reduction under California Penal Code section 17(b). (For more information on getting and filling out form CR-180, see APPENDIX K, on PG. 1006.)
    File the petition in the county where you were convicted. The same petition now serves as both your request to have your conviction expunged AND your request to have it reduced to a misdemeanor. (For details on how to file a Petition for Dismissal, see APPENDIX K, on PG. 1006.)
    Go to Your Court Hearing: When you have your court hearing, the judge will usually consider both requests at the same hearing—first your request to reduce the conviction to a misdemeanor, and then your request to have it expunged. At the hearing, the judge will consider the following:
    The nature of the offense;
    The facts of the case;
    Whether you fulfilled the conditions of your probation;
    Your full criminal record and personal conduct record;
    Any objections from the district attorney.

Again, usually the judge will make a decision on both of your requests together.

As a Separate Petition:

If the judge does NOT reduce your felony conviction to a misdemeanor, or if your felony is eligible for reduction but not expungement, you may need to file a separate petition to get it reduced. Your petition will need to show the judge that your felony conviction meets all the requirements to be reduced to a misdemeanor (see PG. 951 for a list of these requirements), and explain why you deserve to have your conviction reduced. It will be entirely up to the judge to decide whether your conviction should be reduced. PLEASE NOTE: This is a formal court document, not just a form you fill out, so it is recommended that you ask a lawyer to help you.

Your petition will have of 3 parts:

    The Petition—This is your formal request to the court explaining that you are asking to have your felony conviction reduced to a misdemeanor.
    The Memorandum of Points and Authorities—This is where you state that your felony conviction meets all the requirements to be reduced to a misdemeanor under the law (California Penal Code section 17(b)(3)), and explain why you deserve to have your conviction reduced to a misdemeanor (based on the factors that the judge will consider, listed below).
    The Declaration—Here, you state all the important facts about your situation and swear that they are true. Your Declaration must include ANY and ALL of the facts that you have included in the Petition and Memorandum sections.

Factors the Judge May Consider:

When the judge decides whether or not to reduce your felony to a misdemeanor, here are some of the things s/he will consider. You should emphasize these in your petition:

    The nature and circumstances of your offense (for example, how old you were at the time; your role in the offense; the specific details of the offense);
    Whether you have taken responsibility for your conviction and learned from it;
    Your attitude in court;
    Your efforts at rehabilitation;
    Your ability to successfully complete your parole;
    Your individual situation—why you deserve to have your conviction reduced to a misdemeanor (for example, your work, school, and/or family situation; your accomplishments since your conviction; how you have changed since your conviction; and why reducing your felony to a misdemeanor is necessary in order for you to succeed).[3282]

As we said, you should ask a lawyer to help you prepare your petition, however, we have included an example in this appendix for your reference.

appendix S
Sample Petition to Reduce Felony Conviction to Misdemeanor

APPENDIX T
Resentencing & Reclassification Under Prop. 47
RESENTENCING under Prop. 47:

If you are currently serving your sentence (“under sentence”) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible for RESENTENCING.[3283]

Obtain and fill out a Prop. 47 petition

You will need to get the court forms from the clerk at the court where you were convicted. These forms are straightforward and simple to fill out—you just need to fill in information about your conviction (date of conviction, penal code section, and sentence), and check the box indicating that you are currently “under sentence” and requesting to be resentenced. (Sample petitions from SF, LA, and Sacramento Counties are included in APPENDIX GG, on PG. 1061.)

File your Petition and Serve your Court Papers

You will need to file your petition with the court clerk of the court where you were convicted, and then serve (deliver) copies of your court papers on the District Attorney and any other people who are part of the case. (Ask the court clerk who you need to serve with your court papers).

The Judge Reviews Your Petition to See if You are Eligible

After you file your petition, a judge will review it to make sure you are eligible (qualify) for resentencing.[3284] Remember, in order to qualify for resentencing, you must meet all of the following requirements:

    Your conviction must be for one of the qualifying convictions under Prop. 47 (see PG. 954); AND
    You must NOT have any of the disqualifying convictions (see PG. 954);[3285] AND
    You are currently “under sentence” for the qualifying conviction (incarcerated OR on parole or PRCS).

Qualification Hearing—if Requested

    When you petition for resentencing under Prop. 47, you do not automatically get a hearing in front of a judge, but you may request one. If your conviction was for shoplifting, theft, receiving stolen property, or forgery/bad checks, you may want to request a hearing so you can prove to the judge that the value of property involved in your crime was under $950—and therefore qualifies under Prop. 47.
    The DA can also request a hearing to contest (challenge) your petition.
    If there is a hearing on your petition, you should attend if you can. Whether or not you are able to attend, make sure that the judge has as much evidence as you can find to support your request for resentencing, including evidence of rehabilitation, proof of your accomplishments since your conviction, and letters of support. (See APPENDIX N, on PG. 1011 for tips on how to write a letter of support. See APPENDIX O, on PG. 1012 for a sample Letter of Support.)
    If you meet all of the requirements for resentencing, you are entitled to be resentenced UNLESS the judge decides that you pose an “unreasonable risk to public safety.” This means that the judge specifically thinks that if you are released, you will commit one of the violent “super strike” felonies listed in California Penal Code section 667(e)(2)c(iv)).[3286] In making this decision, the judge will consider:
    your complete conviction history including:[3287]
    the type of crime(s) you committed in the past;
    the amount of injury to your victim(s);
    the length of time you spent in prison in the past; AND
    how long ago you committed the crime(s).
    your disciplinary record and record of rehabilitation while you were in prison;
    anything else the judge thinks is relevant.
    You should provide as much evidence as possible that you do not pose any risk to society.

Resentencing

If your conviction is eligible, your criminal history does not disqualify you, and the judge does not think you pose an unreasonable risk to public safety, you are entitled to be resentenced to a misdemeanor sentence. This means that your felony sentence will be reduced to a misdemeanor sentence instead! You will get credit for the time you’ve already served, so if you have already served the equivalent of a misdemeanor sentence, you can be released from custody right away.[3288]

    If you were still in prison at the time of resentencing, the judge will likely put you on parole for one year. However, depending on the facts of your situation, you may be able to convince the judge not to give you parole at all.[3289]
    If you were on parole or PRCS at the time of resentencing, you could be discharged right away (if you have already completed the equivalent of a misdemeanor sentence), or the judge may reduce your supervision to probation.
RECLASSIFICATION under Prop. 47:

If you already completed your sentence (including any parole or probation term) for an offense that qualifies under Prop. 47, and you are NOT excluded by one of the disqualifying convictions, you may be eligible to have your felony RECLASSIFIED as a misdemeanor. Unfortunately, you cannot get back the time that you served for the felony, but you can change your criminal record to show a misdemeanor conviction instead of a felony conviction.

Obtain and fill out your Petition for Reclassification

Just as for resentencing, you will need to fill out and file a petition for reclassification. Most courts use a single form for resentencing and reclassification, which you should get from the clerk at the court where you were convicted. When you fill out the form, you will need to fill in basic information about your conviction (such as the date of conviction, penal code section, and your sentence), and then check the box indicating that you are requesting reclassification.

File your petition and Serve your court papers

File your petition with the clerk of the court where you were convicted, and then serve (deliver) copies of your court papers on the District Attorney and any other people who are part of the case. Ask the court clerk who else you need to serve with your court papers.

Eligibility Determination

Once your petition is filed, a judge will review it to make sure you qualify for reclassification.[3290] The judge will check to see whether your conviction offense qualifies under Prop. 47 (see PG. 954) and whether you have any prior convictions that disqualify you (see PG. 954).[3291] Generally, you will not need to request a hearing for reclassification, however, it is possible that you will need one if you have to prove the value of the property involved in your offense to make sure it qualifies.

If you meet the requirements, the judge MUST reclassify your conviction as a misdemeanor.

APPENDIX U
Changes to Criminal Penalties for Adults & Juveniles under Proposition 64

APPENDIX V
Proposition 64 Court Forms for Adult and Juveniles

See next page.

/Users/sonja/Downloads/cr187.jpg

APPENDIX W
Certificates Of Rehabilitation—Period Of Rehabilitation

The period of rehabilitation is five years residence in California PLUS a period of time (for most, +2 years, but there are exceptions listed below). To figure out your period of rehabilitation, you add the base term of 5 years plus an additional amount of time based on your conviction offense:[3292]

    Base 5 years + 2 years = 7 years if your conviction was for:
    California Penal Code sections 311.2(b), (c), or (d), 311.3, 311.10, or 314;
    Any offense not listed here that does NOT carry a life sentence.
    Base 5 years + 4 years = 9 years if your conviction was for:
    California Penal Code sections 187, 209, 219, 4500, or 18755;
    Military & Veterans Code section 1672(a); or
    Any other offense that carries a life sentence;
    Base 5 + 5 years = 10 years if your conviction was for:
    Any offense that requires you to register as a Sex Offender under California Penal Code section 290 (including any conviction for an attempted offense);
    Exception: If your conviction was for sections 311.2(b), (c), or (d), 311.3, 311.10, 314, you only need to wait 7 years (see above).

In addition to the above requirements, you must have completed any term of probation or parole that was part of your sentence or was a condition of your release. HOWEVER, the time you spend on probation or parole counts toward your total “period of rehabilitation.”

NOTE: If you served consecutive prison terms, the judge may think that you should wait for a longer period of rehabilitation. If this happens, the judge will deny your COR the first time you apply, and will tell you how much additional time you must wait before you can re-apply.[3293]

NOTE: It is possible to apply for a Certificate of Rehabilitation before the end of your period of rehabilitation. You must convince the judge that granting your Certificate of Rehabilitation early serves the “interests of justice.”[3294] In other words, you’d better have a really good reason why you should get a COR early. The judge may consider your good conduct, rehabilitation efforts, and how important getting a COR is to your success in the future. (This option is not available to you if you are required to register as a sex offender under California Penal Code section 290.)

APPENDIX X
Certificate Of Rehabilitation—Petition For Certificate Of Rehabilitation

If you meet all of the eligibility requirements for a Certificate of Rehabilitation (see PG. 964) AND you have completed the period of rehabilitation (see APPENDIX W, on PG. 1043) (or you want to request a COR early), you will need to file papers (called a Petition for Certificate of Rehabilitation) in the criminal court in the county where you currently live. Just like in your criminal case, you have the right to a lawyer to help you with the process of requesting a COR.

NOTE: You must request a Certificate of Rehabilitation from the court in the county where you currently live.

Get and Fill out the Court forms

    You will need to get and fill out 2 forms for your petition (together, they are called an Application for Certificate of Rehabilitation & Pardon):
    Notice of Filing for Certificate of Rehabilitation; and
    Petition for Certificate of Rehabilitation.
    You will also need to get a Proof of Service form—but don’t fill it out yet.
    You can get these forms (and instructions for how to fill them out) from:
    The court clerk;
    The county Probation Department, or
    The Public Defender’s Office.
    You may also be able to download them from the website of your county court (or the court any other county, since the forms are the same statewide).

WHAT SHOULD I SAY IN MY PETITION?

The judge wants to know that you are truly rehabilitated. You will need to show that since your release from prison or jail:

    You have lived “an honest and upright life,”
    You have behaved with “sobriety and industry,”
    You have shown “good moral character,” AND
    You have obeyed all laws.[3295]

The judge will consider all of these factors when deciding whether or not to grant your COR. Your petition should:

    Emphasize all of the positive things that you’ve done since your conviction (both while you were incarcerated and since your release), such as:
    your efforts at rehabilitation (treatment or behavioral programs, period of sobriety, etc.)
    what you’ve learned and how you’ve changed since your conviction;
    successful completion of your sentencing and supervision (parole or probation) requirements; AND
    any other accomplishments since your conviction, such as employment, school achievements (including any classes, GED, or degree that you’ve completed), volunteer work, community involvement (church, youth groups, mentoring), and family life.
    If you are requesting a COR to help improve your employment opportunities or for getting a professional or occupational license, make sure you say this in your petition!
    If you have had any new convictions or violations while on supervision, make sure you explain them—why the conviction happened, what you are doing differently now, and why you will not have the same problems again in the future.
    If you are currently required to register as a sex offender for your conviction, you must also convince the judge that you do not pose any threat of committing any sex offenses against children.[3296]
    You should include as many letters of support and proof of your accomplishments as possible. (See APPENDIX N, on PG. 1011 for tips on getting letters of support).

File Your Petition with the Court clerk

    Once you have filled out your court forms, make at least 5 copies and take everything to the court clerk to be filed. Remember, you will need to file your forms with the criminal court in the county where you currently live.
    When you file your forms, the clerk will stamp them, give you back the copies, and give you a court date for your hearing. Make sure the date is at least 30 days away.

Serve your Papers on the other parties

    You will need to serve your court papers on all of the following people:
    The District Attorney in the county where you live;
    The District Attorney(s) in every county(s) where you were convicted (if you have convictions in counties other than the one you live in now);
    The Governor’s Office.
    You can serve your papers in person or by mail.
    You must make sure that all of your papers are served on everyone at least 30 days before your hearing (or 35 days if you are sending them by mail). If you do not serve your papers in time, your petition will be dismissed.[3297]
    After you have served all your court papers, fill out the Proof of Service and file it with the court clerk in the county where you live (the same place you filed your Notice and Petition papers in Step 2).

Investigation by DA

    After you file your petition, the judge may ask the DA to do an investigation of your life, conduct, and rehabilitation since your release.
    As part of the investigation, the DA may contact you directly; may talk to your family, employer, and neighbors; and may also get any records or reports related to your conviction, including trial documents, prison records, and probation/parole reports.
    Afterward, the DA will prepare a report for the judge, which will help the judge decide whether to grant your COR.

The Court Hearing

    Make sure you attend your court hearing on the date and time the clerk gave you! Remember, the hearing is your chance to make a good impression on the judge!
    During the hearing, the judge will consider your criminal history, your behavior in custody, and your conduct since your release. The judge will look at any reports or records from the District Attorney’s investigation, and may also ask you or other people to answer questions.[3298] You should be prepared to answer any questions from the judge about your conviction, your life and conduct since then, and any information in your petition. Just like in a criminal case, make sure to stay calm and respectful no matter what is said about you or your past.
    In order to grant your COR, the court must find that you are rehabilitated and ready to be a responsible member of society—in other words, that you are ready to have all the civil and political rights of citizenship. If you are required to register as a sex offender due to your conviction, the judge must also find that you do not pose any threat of committing any sex offenses against children.[3299]

Success!

If the judge grants your request for a Certificate of Rehabilitation, s/he will give you your certificate, and will also send a copy to the Governor’s Office. The COR serves as an official recommendation from the judge that the Governor grant you a full pardon. The COR also automatically serves as your application to the Governor for a pardon, so you will not have to do anything more to apply for one.[3300] (For information about Governor’s pardons, see PG. 967, and APPENDIX Y, on PG. 1046.)

If Denied, The Appeal

    If the judge decides not to grant your Certificate of Rehabilitation, you can re-apply for a COR any time in the future.[3301] However, pay attention to the judge’s reasons for denying your request so that you can fix or improve them before you re-file. This will increase your chances of being granted a COR the next time.
    If the judge set a new period of rehabilitation for you (because you served consecutive prison terms, or you have a new conviction), you will need to wait out this additional period before you can re-apply for a COR.
APPENDIX Y
Governor’s Pardon—Application For Traditional Pardon Directly From Governor (Without Certificate Of Rehabilitation)

The Application

You will need to fill out the “Application for Gubernatorial Pardon” with information about the conviction you want pardoned, any other convictions on your record, and why you deserve a pardon.

You can get the application online at: http://gov.ca.gov/s_pardonsandcommutations.php, or request an application by mail by writing to the Governor’s office at the address below:

Governor’s Office
State Capitol
ATTN: Legal Affairs
Sacramento, CA 95814

(There is a sample application in included in APPENDIX HH, on PG. 1067, but you should get the most up-to-date version from the Governor’s Office or online, in case there are recent changes).

To complete the application, you will need to the following information:

    Your personal information (name, date of birth, address, etc.);
    Information about all of your prior convictions, including those in other states/countries;
    The circumstances of the crime you are requesting a pardon for;
    Why you are requesting the pardon;
    Why you think you should be granted a pardon (such as your excellent conduct, accomplishments, responsibilities, and rehabilitation since your conviction);
    The names of anyone you paid or gave a gift to for helping you with the application.

IMPORTANT: If you are directly applying for a “Traditional Pardon,” also called a “Direct Pardon,” from the Governor, you may want to emphasize and explain the following:

Notice to the District Attorney

    After you fill out your application, you must notify the District Attorney in the county where your conviction is from that you intend to request a pardon. If you are requesting a pardon for several convictions, you must notify the DAs in every county where you have a conviction.[3302]
    You must use a special form to notify the DAs. The form is included in the Application for Gubernatorial Pardon, along with instructions on how to complete the form and deliver it to the DA(s).
    You must deliver your notice for to the DA(s) at least 10 days before you submit your application to the Governor.[3303]
    Once the DA has received your notice, he/she will complete the bottom section of the form to confirm that he/she received the notice, and then return it directly to the Governor’s Office.

Submitting your Application to the Governor’s Office

At least 10 days after you have sent your notice to the DA(s) in every county where you have convictions to be pardoned, you will mail your completed Application for Gubernatorial Pardon to the Governor’s Office:[3304]

Governor’s Office
State Capitol
ATTN: Legal Affairs
Sacramento, CA 95814

The Review

After you have submitted your application, the Governor will begin a review of your case. S/he may request that the judge of the court in which you were convicted, or the DA who prosecuted you, provide a summary of the facts of your case as well as a recommendation on whether or not your pardon should be granted.[3305] The Governor will also typically forward your application to the Board of Parole Hearings for its opinion.[3306] The BPH may then investigate your application by reviewing transcripts and documents from your trial (or any other proceedings in our case), examining witnesses, taking testimony, or whatever else it finds necessary to evaluate your application. The BPH will then make a recommendation to the Governor.[3307] Remember, if you were convicted of more than one felony, the Governor MUST forward your application to the BPH for review.[3308]

IMPORTANT: If you were convicted of more than one felony, the Governor CANNOT grant your pardon without a recommendation from the California Supreme Court.[3309] However, the Governor does not have to send your application to the Supreme Court to get its recommendation in the first place!

APPENDIX Z
How to Seal Your Adult Arrest Record (California State Records)

To get your arrest record sealed, you will need to go through the law enforcement agency and/or court in the county where you were arrested, depending on your situation.

Get and Fill Out the Forms

You will first need to get and fill a “Petition and Order to Seal and Destroy Adult Arrest Records.” Some counties have their own local forms to use for this, but you can always use the standard Department of Justice form.[3310]

To find your county’s local forms (if your county has them), you can check with the county court or on the court’s website, or contact the law enforcement agency that arrested you.

You can find the standard Department of Justice form on the DOJ website at: http://ag.ca.gov/idtheft/forms/bcii_8270.pdf.

To complete the petition, you will need the following information:

    The exact date you were arrested;
    The name of the law enforcement agency that arrested you (for example, the city police department, county sheriff, California Highway Patrol, or other law enforcement agency);
    The case number or booking number that the arresting law enforcement agency assigned to your case;
    What offense or charges you were arrested for; AND
    The outcome (disposition) of those charges (i.e. what happened in your case).

You will also need to get copies of any documents or other evidence in support of your petition. This may include declarations, affidavits, police reports, or anything else that you can use to prove your factual innocence. These will become part of your petition. Make extra copies of your Petition and all supporting documents (at least 4 copies). A sample petition is available in APPENDIX II, on PG. 1071.

File the Petition and Order (plus Supporting Documents)

After you have completed the forms, you will need to file your petition and any supporting documents, with the correct agency. Where you file your petition depends on your situation:

    OPTION 1: If NO charges (complaint) were ever filed against you—in other words, if you never had to appear in court after your arrest—you will give your petition directly to the law enforcement agency that arrested you.
    You will also need to serve a copy of the petition on the District Attorney of the county in which you were arrested.
    OPTION 2: If charges (a complaint) were filed against you, and you appeared in court, you must file your petition with the clerk of the court where you appeared for the case. (If possible, it is recommended that you ask a lawyer to help you with your case.
    When you file your petition with the court clerk, the clerk will set a hearing date for your petition.
    You will also need to serve copies of your petition on the law enforcement agency that arrested you AND the District Attorney of the county in which you were arrested. You must serve your petition on the DA at least 10 days before your hearing date.[3311]

Review/Court Hearing

    OPTION 1: If you gave your petition directly to the law enforcement agency that arrested you, the law enforcement agency has 60 days to review and respond to your petition. If neither the law enforcement agency nor the District Attorney responds to your petition within the 60 days, the petition is considered denied.[3312]
    If your petition is denied—either because the law enforcement agency tells you they are denying your petition, OR because they failed to respond—you can then file your petition with the court and request that the court order your record sealed (follow steps for OPTION 2 above).
    NOTE: You MUST file your original petition with the court. This means that you will have to get your original petition back from the law enforcement agency that you gave it to, and then file it with the court.[3313]
    OPTION 2: If you filed your petition with the court (either first, or after it was denied by the law enforcement agency), there will be a hearing in front of a judge who will decide whether or not to grant your petition.[3314] At the hearing, you (or your lawyer) will present evidence of your factual innocence, and try to convince the court to grant your petition to have your arrest record sealed. The District Attorney may present evidence and argument against you.[3315]

The Decision

If the court finds that you are factually innocent, the judge will grant your petition and order that your arrest record and all related information be sealed for three years and then destroyed. If the judge does not find you factually innocent (denies your petition), you can appeal the decision.

APPENDIX AA
How to Seal Juvenile Records

Get a copy of your Juvenile Records

It is very important that you get a copy of your juvenile record and know exactly what is in it, because you will need this information to fill out your court forms properly. You can get a copy of your juvenile from the Clerk’s Office of the Juvenile Court where your case was adjudicated.[3316] Make sure you bring a photo ID with you, or you will not be able to get your record.

Get and Fill out a Petition to Seal Juvenile Records

When you go to the clerk’s office to get a copy of your juvenile record, you should also ask the clerk for a copy of the proper form, called a Petition to Seal Juvenile Records, and any instructions that go with it. Follow the instructions carefully, especially when you are asked to list the arrests or charges that you want sealed. ONLY THE ONES YOU LIST WILL BE SEALED! This is why it is important to have a copy of your juvenile record with you so you do not miss anything.[3317]

File your Petition

    Take your completed petition back to the Clerk’s Office of the juvenile court you were adjudicated in and file it with the clerk.
    Ask the clerk if the petition needs to be served on any other parties (such as the District Attorney or the Probation Department). If it does, be sure to ask the clerk if the clerk’s office will serve it, or if you have to serve the papers yourself.
    After you have filed your petition, you will get a court date for a hearing. The clerk may set the hearing date when you file your petition, or you may receive a Notice of Hearing in the mail (it can take several weeks to get your Notice of Hearing by mail).

The Hearing

    At the hearing, the judge will consider your petition AND get a recommendation from the probation department about whether your record should be sealed.
    You are not required to attend the hearing, but it is a good idea to go so that you can answer any questions that the judge might have. You are also allowed to bring witnesses to testify on your behalf (such as a pastor, teacher, employer, counselor, or other people who know you and can speak positively about you).
    After the hearing, the judge will rule on (decide) whether or not to seal your records. If the judge grants your petition and seals your records, s/he will also order all other agencies that have juvenile records on you (such as the police, probation department, DOJ, and DA) to seal their records also.

Appeal

If the judge denies your petition, ask the judge if and when you will be able to re-file your petition. You should also ask the judge for the reasons why s/he denied your petition, so that you can fix or address any problems before you re-file.

IMPORTANT: As of January 1, 2015, California Welfare & Institutions Code Section 786 changed so that juveniles who successfully complete probation, and otherwise qualify to have their record sealed, will have their juvenile record automatically sealed by the judge, without having to file a petition in court or do anything else.[3318] However, this DOES NOT apply to juveniles who completed their probation BEFORE January 1, 2015. If you completed your juvenile probation BEFORE January 1, 2015, you will still need to file a petition in court to have your juvenile record sealed.

APPENDIX BB
How to Get DNA Expungement

California

Request expungement directly from the California DOJ

(Note: this is the fastest and easiest way to get your DNA expunged)

If you meet all of the requirements for California DNA expungement, you should:

    Get and fill out the California DOJ’s Streamlined DNA Expungement Application form;
    Include the required documents to prove that you qualify for DNA expungement (the Application form will tell you which documents to include, since it will be different depending on your specific situation); AND
    Mail your completed Application form and all documents to the following address:

California Department of Justice
CAL-DNA Data Bank Program
Attn: Expungement Requests
1001 W. Cutting Blvd., Suite 110
Richmond, CA 94804

If you meet all of the requirements and have included all required documents, your DNA MUST be expunged from the California database.[3319] The process usually takes about 2-4 weeks for your DNA to be removed.[3320]

If your request for DNA expungement is denied, you can still file a new request for DNA expungement in court. (However, if your first request is denied, you may want to talk to a lawyer before filing a new request in court, since this may mean that you have another conviction on your record that disqualifies you from DNA expungement.)

Requesting DNA expungement in court

(Note: You can do this if your direct request to the DOJ was denied)

To request DNA expungement in court, you will need to:

    Get and complete the Petition for Expungement of DNA Samples & Profiles (form CR-185/JV-796);
    The form is available online at http://www.courts.ca.gov/documents/cr185.pdf, or ask the court clerk for a copy (or where to get a copy) of the form.
    File your form with the court clerk in the county where you were arrested or where your case was held;
    Serve copies of your Petition on the DOJ’s DNA Lab (CAL-DNA Program) and District Attorney in the county where you were arrested or where your case was held; AND
    Have a hearing before a judge. You will need to show that you meet all of the legal requirements for DNA expungement (described above), and it will be up to the judge to decide whether to grant your DNA expungement.[3321]

For more information about DNA expungement in California in general, see Getting Expunged or Removed from the CAL-DNA Data Bank on the California DOJ’s website at: https://oag.ca.gov/bfs/prop69/faqs.

FEDERAL:

If you meet all of the requirements to expunge your DNA from a federal arrest or conviction (PG. 988), you must:

    Get a certified copy of the final court order from your case, with the following information:
    If you were arrested—The court order must show that NO charges were filed against you, or the charges were dismissed, or you were acquitted of the charges.
    If you were convicted—The court order must show that your conviction was overturned.
    Send a written letter to the FBI to ask that your DNA be expunged from the National DNA Index System.
    Include all of your personal information (including your full name, social security number, and/or date of birth).
    Include as much information as possible about your arrest or conviction (date or arrest or conviction; case or docket number; date of dismissal, acquittal, or overturning of conviction).
    Most importantly: Include the certified court order from Step 1!
    Mail your letter and the certified court order to:

Federal Bureau of Investigation
Laboratory Division 
2501 Investigation Parkway 
Quantico, VA 22135
Attention: Federal Convicted Offender Program Manager

    The FBI is required to expunge your DNA from the national database if you meet all the requirements and include the proper court order.[3322]

For more information on expungement of DNA from the national database, visit the FBI’s website on CODIS—Expungement Policy, available at http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement.

APPENDIX CC
Sample California RAP Sheet
APPENDIX DD
FBI Applicant Information Form – FBI RAP Sheet

See next page.

APPENDIX EE
FBI-Approved Channelers

3M Cogent Systems
www.cogentid.com
(614) 718-9691Accurate Biometrics
www.accuratebiometrics.com

(773) 685-5699Biometrics4All, Inc.
www.applicantservices.com
(714) 568-9888Daon Trusted Identity Services, Inc.
www.daontis.com/fl/index.html
(703) 797-2562Eid Passport, Inc.
www.eidpassport.com
(855) 531-5827Fieldprint, Inc.
www.fieldprint.com/FBI
(877) 614-4364Inquiries, Inc.
www.inquiriesinc.com

(866) 987-3767MorphoTrust
www.IdentoGO.com/FBICheck
(877) 783-4187National Background Check, Inc.
www.nationalbackgroundcheck.com
(877) 932-2435National Credit Reporting
www.myFBIreport.com

(800) 441-1661Telos Identity Management Solutions, LLC
https://enroll.idvetting.com
(800) 714-3557TRP Associates, LLC dba ID Solutions
www.trpassociates.net
(877) 885-1511VetConnex
www.vetconnex.com
(952) 224-865

APPENDIX FF
Petition for Dismissal (CR-180) & Order for Dismissal (CR-181)

See next page.

APPENDIX GG
Prop. 47 – Sample Petitions for San Fransisco, Sacramento, and Los Angeles

See the next five pages, and use only the forms that are appropriate for your county.

SAN FRANCISCO

SAN FRANCISCO

SAN FRANCISCO

SACRAMENTO

LOS ANGELES

APPENDIX HH
Application for a Direct Governor’s Pardon

See next page.

APPENDIX II
Petition & Order to Seal and Destroy Adult Arrest Records

See next page.

Appendix JJ
Immigrant Legal Resource Center Warning on Marijuana & Immigrants
Guide Appendix A:
  1. 3242

    Request for Live Scan Service, State of California Department of Justice, http://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/bcia_8016RR.pdf?.

  2. 3243

    Applicant Live Scan Fingerprint Services Location and Hours of Operation, State of California Department of Justice, https://oag.ca.gov/fingerprints/locations.

  3. 3244

    California Department of Justice, Office of the Attorney General, Criminal Records – Request Your Own, http://oag.ca.gov/fingerprints/security.

  4. 3245

    Telephone call with Department of Justice Record Review Unit, Mar. 26, 2015.

  5. 3246

    Identity History Summary Checks, Fed. Bureau Investigation, https://forms.fbi.gov/identity-history-summary-checks-review/q384893984839334.pdf.

  6. 3247

    Request for Live Scan Service, State of California Department of Justice, http://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/bcia_8016RR.pdf?.

  7. 3248

    42 U.S.C. § 14132(d)(1)(A). See also CODIS- Expungement Policy, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/identity-history-summary-request-checklist-1.

  8. 3249

    California Department of Justice, Office of the Attorney General, Criminal Records – Request Your Own, http://oag.ca.gov/fingerprints/security.

  9. 3250

    28 C.F.R. § 16.33.

  10. 3251

    Identity History Summary Checks, Fed. Bureau Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks.

  11. 3252

    28 C.F.R. § 16.32.

  12. 3253

    Recorded message, Cal. Dep’t. of Justice, Records Review Unit (Apr. 9, 2015); see also Criminal Records—Request Your Own, Cal. Dep’t. of Justice, Office of the Attorney General, http://oag.ca.gov/fingerprints/security.

  13. 3254

    Broken Records, National Consumer Law Center, https://www.nclc.org/issues/broken-records.html.

  14. 3255

    Cal. Penal Code § 11126(a).

  15. 3256

    Cal. Penal Code § 11126.

  16. 3257

    Cal. Penal Code § 11126(c); see also Cal. Gov’t Code § 11500.

  17. 3258

    State Identification Bureau Listings, Federal Bureau of Investigation, http://www.fbi.gov/about-us/cjis/identity-history-summary-checks/state-identification-bureau-listing.

  18. 3259

    28 C.F.R. § 16.34.

  19. 3260

    Cal. Civ. Code § 1786.24; Fair Credit Reporting Act § 611, 15 U.S.C. § 1681i.

  20. 3261

    Cal. Civ. Code § 1786.16.

  21. 3262

    Cal. Civ. Code § 1786.40.

  22. 3263

    Cal. Civ. Code § 1786.24(a).

  23. 3264

    Cal. Civ. Code § 1786.24, Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i. Within 5 days of receiving your notice, the agency must notify the person or government entity that provided the information that you claim is incorrect.

  24. 3265

    Cal. Civ. Code § 1786.24, Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i. Before 30 days is up, if you give more information that affects the investigation, the agency can extend the investigation for 15 extra days.

  25. 3266

    Cal. Civ. Code § 1786.24; Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C. § 1681i.

  26. 3267

    Cal. Civ. Code § 1786.24(g).

  27. 3268

    Cal. Civ. Code § 1786.24.

  28. 3269

    Cal. Civ. Code § 1786.24(j).

  29. 3270

    Cal. Civ. Code § 1786.24(k).

  30. 3271

    Cal. Civ. Code § 1786.24(f).

  31. 3272

    See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf.

  32. 3273

    See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf.

  33. 3274

    Cal. Civ. Proc. Code §§ 414.10, 415.10-415.95, 417.10-417.40, 684.110-684.140, 684.210-684.220, 1010-1020; see also Personal Service: Deliver Court Papers to the Other Party, Sacramento County Public Law Library (Mar. 2014), http://www.saclaw.org/Uploads/files/Step-by-Step/PersonalService.pdf.

  34. 3275

    See also Dealing With Criminal Records in Alameda County Self-Help Manual, East Bay Community Law Center (2005), http://ebclc.org/documents/AlamedaCountyCriminalRecords-SelfHelpManual-SP2005.pdf.

  35. 3276

    See Cleaning Your Record, California Courts, http://www.courts.ca.gov/1070.htm.

  36. 3277

    Adapted from Santa Clara Law Library, Expunging Adult Criminal Records in Santa Clara County, http://www.sccll.org/1070.pdf.

  37. 3278

    Cal. R. of Court, Rule 3.1112.

  38. 3279

    Cal. Penal Code § 1203.3(b)(1).

  39. 3280

    Cal. Penal Code § 1203.3(a).

  40. 3281

    Cal. Penal Code § 1203.3(b).

  41. 3282

    People v. Superior Court (Alvarez), 14 Cal. 4th 968 (1997).

  42. 3283

    Cal. Penal Code § 1170.18(a).

  43. 3284

    Cal. Penal Code § 1170.18.

  44. 3285

    Cal. Penal Code § 1170.18.

  45. 3286

    Cal. Penal Code § 1170.18(c).

  46. 3287

    Cal. Penal Code § 1170.18(b)(1).

  47. 3288

    Cal. Penal Code § 1170.18.

  48. 3289

    Cal. Penal Code § 1170.18 (d) (“a person who is resentenced pursuant to subdivision (b)…shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole”).

  49. 3290

    Cal. Penal Code § 1170.18.(f).

  50. 3291

    Cal. Penal Code § 1170.18.

  51. 3292

    Cal. Penal Code § 4852.03(a).

  52. 3293

    Cal. Penal Code § 4852.03(a)(4). See also People v. Blocker, 190 Cal. App. 4th 438 (2010) (Refusal to admit guilt of the underlying crime can be a reason for a court to deny a certificate of rehabilitation).

  53. 3294

    Cal. Penal Code § 4852.22.

  54. 3295

    Cal. Penal Code § 4852.05.

  55. 3296

    Cal. Penal Code § 4852.13.

  56. 3297

    Cal. Penal Code § 4852.07.

  57. 3298

    Cal. Penal Code § 4852.10; see also People v. Zeigler, 149 Cal. Rptr.3d (2012). (court could consider facts of offense for which petitioner had received Proposition 36 drug treatment).

  58. 3299

    Cal. Penal Code § 4852.13.

  59. 3300

    Cal. Penal Code § 4852.13.

  60. 3301

    See People v. Lockwood, 66 Cal. App. 4th 222 (1998).

  61. 3302

    Cal. Penal Code § 4802.

  62. 3303

    Cal. Penal Code § 4802.

  63. 3304

    See How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf.

  64. 3305

    Cal. Penal Code § 4803.

  65. 3306

    How to Apply for a Pardon, State of Cal. Office of the Governor (Sept. 5, 2013), http://gov.ca.gov/docs/How_To_Apply_for_a_Pardon.pdf.

  66. 3307

    Cal. Penal Code § 4812.

  67. 3308

    Cal. Penal Code §§ 4802, 4813.

  68. 3309

    Cal. Penal Code § 4852.16.

  69. 3310

    Cal. Penal Code § 851.8(g); see Form BCII 8270, State of Cal. Dep’t of Justice Record Management/Record Sealing Unit, http://ag.ca.gov/idtheft/forms/bcii_8270.pdf.

  70. 3311

    Cal. Penal Code § 851.8(c).

  71. 3312

    Cal. Penal Code § 851.8. (“If…the law enforcement agency and prosecuting lawyer do not respond to the petition by accepting or denying the petition within 60 days of the running of the relevant statute of limitations or within 60 days after the receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied.”).

  72. 3313

    Cal. Form BCII 8270, State of Cal. Dep’t of Justice Record Management/Record Sealing Unit, http://ag.ca.gov/idtheft/forms/bcii_8270.pdf.

  73. 3314

    Cal. Penal Code § 851.8(b).

  74. 3315

    Cal. Penal Code § 851.8(b).

  75. 3316

    See Sealing Your Juvenile Records, Public Counsel (2013), http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf.

  76. 3317

    See Sealing Your Juvenile Records, Public Counsel (2013), http://www.publiccounsel.org/tools/publications/files/Sealing-your-Juvenile-Record.pdf.

  77. 3318

    Cal. Welf. & Inst. Code § 786.

  78. 3319

    Cal. Penal Code § 299(c)(2).

  79. 3320

    BFS DNA Frequently Asked Questions, State of California Department of Justice Office of the Attorney General, https://oag.ca.gov/bfs/prop69/faqs.

  80. 3321

    Cal. Penal Code § 299(c)(1).

  81. 3322

    42 U.S.C. 14132(d)(1); CODIS—Expungement Policy, Expungement of DNA Records in Accordance with 42 U.S.C. 14132(d)(1)(A), The Fed. Bureau Investigation, http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement.