Ancillary Proceedings

The consequences of a criminal conviction can endure for a lifetime, but California law allows many individuals with a criminal record to clear or expunge his or her convictions. (Penal Code §§ 1203.4 and 1203.4a) An expungement order reopens a case and permits a person to withdraw a plea of no contest or guilty, or to vacate a verdict of guilty. The court then orders the case dismissed. For most purposes, such as applications for employment, the expungement permits a person to truthfully state that he or she was not convicted of the offense. However, the expungement order does not eliminate the conviction for purposes of applying for a professional license, answering a questionnaire for public office, or for contracting with the California State Lottery.

Many felony offenses can be reduced to misdemeanors after sentencing, after the completion of probation, or even years later. (Penal Code Section 17) A person on probation can petition a court for an early termination of probation. (Penal Code section 1203.3) For certain offenses, certificates of rehabilitation may be granted which eliminate some of the consequences of an older conviction. (Penal Code section 4852.01 et seq.) Recent developments in the law have also made it possible for some sexual offender registrants to successfully challenge their registration requirements, including registration orders that have been in effect for many years. (Penal Code section 290; See People v. Hofsheier (2006) 37 Cal.4th 1185)

When an arrest did not lead to a conviction, it is sometimes possible to petition for a finding of factual innocence and obtain a court order requiring law enforcement to seal and subsequently destroy arrest records (Penal Code Section 851.8) Many juvenile records can also be sealed. (Welfare and Institutions Code section 781)

The attorneys at Nolan, Armstrong & Barton are knowledgeable about all avenues of minimizing the impacts of past criminal convictions.