Simple Expungement 

The most common path to expungement is a dismissal of charges under Penal Code sections 1203.4, 1203.4a, or 1203.41. This is available for old Infractions and Misdemeanors, and Felonies that were not served in prison. A dismissed conviction does not need to be disclosed on a job application for most private employers. Most government jobs require disclosure, but treat the dismissed conviction as if it never occurred. Unfortunately a dismissal will not restore gun ownership, driving privileges or end 290 registration requirements. Felonies have the additional step of a Penal Code 17(b) reduction.

1203.4 dismissals are available after the end of probation. If no probation was ordered, then dismissal is available one year after the conviction date. 

Sometimes a 1203.4 expungement is not best procedure for a client. For instance, 1203.4 will not restore a person's 2nd Amendment rights. However other procedures may restore gun rights. Hire an experienced attorney to find the best procedure for you.

Contact Attorney Rodger Pasieczny for a free consultation and see what dismissal options are available to you. 

Marijuana Dismissals, Reductions and Resentencing 

Prop 64 legalized possession and cultivation of small amounts of marijuana. The benefits of Prop 64 are retroactive to anyone with old marijuana convictions for possession, cultivation or sales. Some Felonies can be reduced to Misdemeanors and some Misdemeanors become Infractions. Prop 64 reductions can restore gun rights. 

Contact Attorney Rodger Pasieczny for a free consultation and see if dismissal, reduction or resentencing is available to you.

Sealing Arrests 

Sometimes an arrested person is not prosecuted. Or the charges are dismissed before trial. Penal Code section 851.8 allow the sealing and destroying of arrest records. This is available for Misdemeanors or Felonies. A court hearing may be required. There is a two year time restriction on sealing arrest records. 

Contact Attorney Rodger Pasieczny for a free consultation and see if your record can be sealed and destroyed are available to you.

Sealing Juvenile Records

Contrary to common sense, juvenile criminal records do not seal automatically. However law abiding adults can petition the court to seal and destroy their juvenile records. Some serious offenses cannot be removed from record. Once the record is sealed, it cannot be accessed by almost all employers and most law enforcement agencies. 

The process for sealing varies by county. Once sealed the juvenile convictions should not be admitted on job or school applications.

Contact Attorney Rodger Pasieczny for a free consultation and see what dismissal options are available to you. 

Drug Diversion Dismissals 

Drug Diversion through Prop 36 often ends with a hearing to dismiss the drug charges. The the accused must have “substantially complied” with the treatment program and after 12 months a judge will dismiss the charges. Sometimes a hearing is not held or the hearing is skipped. In those cases Penal Code 1210.1(e)(1)) allows the accused person to petition the court and set a hearing for dismissal. 

Contact Attorney Rodger Pasieczny for a free consultation and see what dismissal options are available to you.

Rehabilitation and Pardon

Rehabilitation and Pardon is the mechanism for clearing a person’s criminal record of Felonies served in state prison. The process can take years. First the court review the record and orders a Certificate of Rehabilitation. Then the court recommends the case to the governor. The governor may then pardon the person. 

Contact Attorney Rodger Pasieczny for a free consultation and see what options are available to you.