San Jose Record Clearance Attorney
Record Clearance is one of the possible outcomes of your case. You will want to consider this option when planning your defense with us. Having your record cleared does not mean that your file is purged from the courthouse. It means the last entry would show that your conviction has been set aside based upon subsequent good conduct.
Record clearances under Penal Code 1203.4, 1203.4a, and 1203.41 are available in felony and misdemeanor matters, assuming you:
1) Successfully complete probation on matters for which the offender is placed on probation,
2) If you are not placed on probation for a misdemeanor or an infraction, you must be of good conduct for one year after sentencing,
3) On cases where a state prison sentence is served in the county jail pursuant to realignment, you must successfully complete any community release period after completion of time in jail. Then you can petition the court for a record clearance. Whether to grant this clearance is completely up to the judge!
4) If the matter is a felony, you cannot have served a prison sentence. You must have completed probation successfully!
- Serve any sentence
- Pay all fines
- Attend all required classes or treatment
- Be successfully terminated from probation
CRIMINAL RECORDS DO NOT GET CLEARED AUTOMATICALLY! You must file a petition. Some petitions MUST be granted if you have successfully completed probation. Other petitions, for example, a petition to clear a re-alignment sentence, or a petition that is based on good cause, you must prove to the court that you are a deserving and reformed person.
For most felonies where a person does not get sentenced to state prison, the felony can be reduced upon successful completion of probation to a misdemeanor under Penal code Section 17, and then dismissed entirely with a record clearance. This makes it easier when looking for jobs.
Labor Code 432.7 now makes it illegal for a prospective employer to ask a job applicant if he or she has ever been arrested but NOT convicted, or had his charges dismissed under pretrial diversion programs, or drug programs which result in the dismissal of the case after a series of classes such as Deferred Entry of Judgment (DEJ) and Prop 36!
MORE IMPORTANTLY, Labor Code 432.7 also makes it illegal for an employer to ask about dismissals obtained by the RECORD CLEARANCE procedure! It is now more important than ever to get a record clearance. Even though the file still remains in the courthouse, a RECORD CLEARANCE is a DISMISSAL under the Labor Code, and employers are prohibited from asking about these dismissals effective January 1, 2014. There are exceptions, of course, for law enforcement, or positions where an employee is required to carry a firearm. RECORD CLEARANCES also do not affect most state and local licensing agencies.
Get an Experienced San Jose Record Clearance Attorney
Our 30 years of experience in San Jose will help you to avoid state prison and ultimately clear your record. Call our office before you go to court or as soon as you are arrested.
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