Expungements & Petitions For Factual Innocence
An adult criminal record will follow you for the rest of your life, affecting your employment and educational opportunities. If you meet certain criteria, however, you may be eligible for an expungement under California Penal Code Section 1203.4, or able to seal your arrest record under The CARE Act. Other crimes may be handled as a petition for factual innocence, pursuant to California Penal Code § 851.8.
Because of the many rules and exceptions regarding expungement, it is best to work with an attorney who is thoroughly familiar with the procedures in each county. Jayne Law Group, P.C., routinely handles expungements and petitions to seal arrest records throughout the Bay Area and knows how to pursue them in each county.
For a free consultation with our San Francisco expungement attorneys, please call or contact us online.
Guiding You Through The Expungement Process
When a conviction is expunged, you may legally deny that you were convicted of that crime, unless you are applying for public office, for a state license or to be a police officer.
Many felony and misdemeanor crimes may be expunged from a criminal record, unless they involved certain sexual offenses or vehicular code violations. If you pled no contest or guilty to a misdemeanor and received a disposition, your record can be expunged one to three years after the date of the guilty or no contest plea. We can also help you reduce a felony to a misdemeanor. Also, if you are still on probation and wish to pursue and expungement, the lawyers at Jayne Law Group can assist you with a motion for early termination of probation, which can then trigger the right to an expungement. We have tremendous success in terminating our clients’ probation early.
Our defense lawyers will file a motion and petition for expungement on your behalf. We will then represent you at the court hearing that determines whether to grant the expungement.
Petitions For Factual Innocence
A petition for factual innocence can get one’s arrest record sealed and destroyed. It can also correct the wrongs of an unjust arrest. While the standard for getting such a petition granted is high, since the petitioner must prove factual innocence, Jayne Law Group, P.C., has had great success in getting these motions granted.
It is worth the time and effort to pursue a petition for factual innocence if you believe that the arrest was improper and that you were innocent of the allegations. Each county in the Bay Area has a slightly different procedure for these motions, but in general a motion is required, including notification to the law enforcement agency, and then a live hearing in front of a judge. Some judges allow for live testimony at the hearing and others just review the motions and declarations that are filed as part of the petition.
Sealing Your Arrest Record
The CARE Act, implemented in 2018, now allows for individuals whose cases have been dismissed, not filed, or concluded through a diversion program to have their arrest records sealed. The applicable Penal Code sections are 851.87, 851.90, 1000.4 or 1001.9.