The convictions would be cleared, but would remain public records.
For many Californians, the true consequences of a criminal conviction come not from the penalty imposed by a judge, but from all of the barriers that arise in the future. Having a criminal record can make it more difficult to find a job, qualify for housing, obtain housing, or to adopt a child. A new bill aims to change that reality for certain people convicted of low-level offenses.
Assembleyman Phil Ting, a Democrat from San Francisco, and San Francisco District Attorney George Gascon have introduced a bill that would automatically clear approximately 8 million criminal convictions across the state. If the bill passes, people convicted of low-level offenses, such as drunk driving or some types of robbery would have their convictions automatically sealed.
According to a criminal attorney Los Angeles, CA, this option is currently available to people who have been convicted of certain misdemeanor offenses in California. However, eligible applicants must file a petition in order to have their criminal record sealed, which can be both expensive and time-consuming.
At a press conference, Gascon stated that less than 20 percent of eligible cases are sealed, and that most people are unaware that they are eligible for this process. As a result, most people live with the consequences of a low-level criminal offense for years — if not a lifetime.
This bill would require the state to automatically clear eligible convictions of offenders who served their sentences, including probation, and who otherwise stayed out of trouble. Anyone who served time in California state prison and anyone convicted of a sex offenses does not qualify for having their record sealed under this proposed law. The bill would also clear the records of many people who were arrested where the arrest did not end in a criminal conviction.
If the bill becomes law, the California Department of Justice would be required to create a database of cases eligible for clearance. These cases would then be sent to county courts throughout the state to be sealed. It would be a part of the broader criminal justice reforms enacted in the past several years in California.
Although this bill is not yet law, there are methods for expunging or clearing your criminal record in California under current law. An experienced criminal attorney Los Angeles, CA can help with the process. You are eligible for having your criminal record expunged if you were convicted of a California misdemeanor or felony, if (1) you completed probation for the offense and (2) you did not serve time in prison or (2) you did serve time in state prison but would have served time in county jail if the crime had been committed after Prop 47 was implemented. You are not eligible for expungement if you:
- are currently charged with a criminal offense;
- are serving a sentence for a criminal offense;
- are on probation for a criminal offense; or
- you were convicted of certain sex crimes involving children.
If you meet these eligibility requirements, a skilled criminal attorney Los Angeles, CA can work with you to have your criminal record expunged.
This proposed bill is just the latest in a series of reforms that aims to make life better for people involved in the criminal justice system in California. The Chambers Law Firm is dedicated to assisting people who have been charged with a crime in Los Angeles and the surrounding areas. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal attorney Los Angeles, CA.
