Criminal Record Clearing & Sealing

There are many advantages to sealing and/or expunging a criminal record. 

By offering felony reduction, expungement, record sealing, and early termination of probation services to Santa Barbara County and San Luis Obispo County community members, the People's Justice Project is helping our community regain the ability to participate in society unburdened by the past.  

The most important benefits of sealing and/or expunging a criminal record include more job opportunities, assistance with obtaining professional licenses or joining professional organizations, and personal satisfaction.  

Expungement Benefit #1: Job Applications:  

For most people, the most valuable benefit of sealing and/or expunging a criminal arrest/conviction record is that it can assist in securing employment. Today, many employers conduct background checks before making hiring decisions. These background checks can reveal an individual’s records of arrests, convictions, and probation status. Most employers also ask whether applicants have ever suffered a criminal conviction. A major benefit of an expungement is that a person who receives one can lawfully answer “no” if asked whether they have been convicted of a crime. Moreover, an employer is not permitted to consider an expunged conviction that is discovered through a background check in making a hiring decision.

Expungement Benefit #2: State Licenses:  

An expungement offers important benefits to those seeking state professional licenses. To be sure, even after an expungement in many circumstances, an individual must disclose a conviction in response to a question posed in an application for a state license (e.g. a contractor license or real estate license) or in an application for public office. However, many licensing agencies are more likely to look favorably upon individuals who have successfully completed probation and whose convictions have been expunged.

Expungement Benefit #3: Professional Organizations:  

Many professional organizations do background checks before inviting someone to join or to hold a position or serve as a board member. Yet another benefit of obtaining an expungement is that the stigma and negative effect of a criminal conviction can be reduced in this situation.  

Expungement Benefit #4: Personal Satisfaction:  

Many people express a great sense of relief after gaining an expungement. While it does not magically erase the past, it helps bring redemption for a mistake and closure to a frustrating chapter in their lives, which is an immense personal benefit that cannot be quantified. 

ARREST RECORD SEALING:

California law allows people who were arrested but never convicted of a crime to have their arrest records sealed and destroyed as a matter of right. Sealing an arrest means the record of arrest will not appear on most criminal background checks.

Penal Codes 851.91 and 851.90 allow people to have their arrest record sealed as a matter of right when:

• They were arrested but no criminal charges were ever filed;

• Criminal charges were filed but later dismissed;

• The defendant was found “not guilty” in a jury trial;

• The defendant’s conviction was vacated or overturned on appeal; 

• The defendant successfully completed a pretrial diversion     program, such as PC 1000. 

An exception to sealing an arrest record as a matter of right is when the person arrested has a history of arrests and/or convictions for:

• Domestic violence;

• Child abuse; and/or

• Elder abuse.

But even in these cases, an arrest record can still be sealed if a judge determines that doing so would serve the "interests of justice."

EXPUNGEMENT:

The collateral consequences of being convicted of a criminal offense are far-reaching.

You are not eligible for expungement if any of the following are true:

• You are currently serving a sentence for any offense.
• You are currently on probation for any offense.
• You are currently charged with any offense (and the case is unresolved or pending).

Additionally, certain sex crimes involving children and certain serious or violent felonies are not eligible for expungement.

If you are eligible and your petition with the court is successful, you will be permitted to do one of two things:

1. Withdraw your plea of guilty or of nolo contendere and enter a plea of not guilty; or

2. If you were convicted after a plea of not guilty, the court will set aside the guilty verdict.

In either case, the court will dismiss your conviction. Expunged convictions do not have to be reported to most employers and the law prohibits employers from using an expunged conviction to deny you job opportunities or promotions. 

FELONY REDUCTION:

There are three ways to reclassify your felony conviction as a misdemeanor conviction on your criminal record: (1) California Penal Code Section 17(b); (2) California Penal Code Section 1170.18 (“Proposition 47”); and (3) California Health & Safety Code section 11361.8 (“Proposition 64”).

Felony Reduction Under California Penal Code Section 17(b)

Being convicted of a felony can prevent you from employment opportunities and may prohibit you from receiving benefits you would otherwise be entitled to. 

Section 17(b) of the California Penal Code allows for the reduction of certain felonies to misdemeanors. If you are eligible for felony reduction,  we will file a motion requesting that the court reduce your felony to a misdemeanor if the following criteria are met:
 

• The felony conviction is a “wobbler.” This simply means that the crime can be charged and punished as a felony or a misdemeanor.
• You were sentenced to county jail or probation but not state prison.

Felony-Reclassification Under California Penal Code Section 1170.18 (“Proposition 47”)

If you completed a sentence for a felony that qualifies under Penal Code section 1170.18 (“Proposition 47”), PJP can file a petition with the court to request resentencing and apply to have your felony conviction designated a misdemeanor. 

Qualifying felonies include the following:

• Commercial burglary (Penal Code section 459)
• Forgery that does not exceed $950 (Penal Code section 473(b))
• Writing a bad check that does not exceed $950 (Penal Code section 476(a)) 
• Grand theft where the value does not exceed $950 (Penal Code sections 487(a)-(d), 487a, 487b, 487c, 487d, 487f, 487g, 487h, 487i, 487j).
• Receiving stolen property where the value of the property does not exceed $950 (Penal Code section 496(a)).
• Possession of a controlled substance (Health & Safety Code sections 11350(a), 11357(a), and 11377(a)). 

Unfortunately, you do not qualify for relief under Proposition 47 if any of the following applies to you:

• You must register as a sex offender under Penal Code section 290(c). 
• You have a prior conviction for any homicide as defined in Penal Code sections 187 to 191.5, attempted homicide, or solicitation to commit murder. 
• You have a prior conviction for a sexually violent offense listed in Welfare & Institutions Code section 6600(b). 
• You have a prior conviction for any serious or violent felony punishable by death or life in prison.
• You have a prior conviction for possession of a weapon of mass destruction.
• You have a prior conviction for assault on a peace officer or a firefighter with a machine gun.

Eligibility

To check your eligibility, you can obtain a copy of your Santa Barbara County criminal record at any superior courthouse in Santa Barbara County - click here. Please bring your record to your consultation with PJP.
 

Felony-Reclassification Under Health & Safety Code Section 11361.8 (“Proposition 64”) 

If you were convicted in Santa Barbara County and completed a sentence for a qualifying offense under Health & Safety Code section 11361.8 (“Proposition 64”), PJP can file a petition with the court to have your conviction reclassified or dismissed. 

Qualifying offenses include the following:

• Simple possession (Health & Safety Code section 11357)
• Planting/Cultivation (Health & Safety Code section 11358)
• Possession of marijuana for sale (Health & Safety Code section 11359)
• Transportation for sale of marijuana (Health & Safety Code section 11360)

In order to apply for reclassification under Proposition 64, you cannot be in custody, on probation, on post-release community supervision, or parole. There are no offenses that would disqualify an individual from having their conviction reclassified under Proposition 64.

If you are currently serving a sentence for one of the Proposition 64 qualifying offenses, you may be eligible to petition the court to dismiss or recall your sentence and resentence you in accordance with Proposition 64. If this applies to you, please contact PJP for a consultation.
 

Eligibility

To check your eligibility, you can obtain a copy of your Santa Barbara County criminal record at any superior courthouse in Santa Barbara County - click here. Please bring your record to your consultation with PJP.

EARLY TERMINATION OF PROBATION:

There are a number of benefits to terminating your probation early, such as obtaining employment, avoiding jail or prison time for a violation of your probation, and having your criminal record expunged.

Penal Code section 1203.3 gives the court the discretion to terminate your probation early. The court will consider the following in determining whether to grant a request for early termination: 

• Completion of the terms and conditions of your probation, such as payment of all fines, payment of all restitution (if ordered), and completion of all requisite counseling programs and/or community work service;
• The seriousness of the underlying crime;
• The time you have served on probation (this typically means that about half of the probation term has been completed);
• Your criminal history;
• Your conduct while on probation; and
• Whether there is good cause for early termination of your probation, such as inability to obtain employment or other benefits that you may otherwise be eligible to receive.

If you are interested in terminating your probation early, PJP can file a motion with the court, and serve the motion on the District Attorney’s office.

Bundling:

When you file a motion for an early termination of probation, you can also request that the court reduce your felony to a misdemeanor under Penal Code 17(b) (in the case of a "wobbler") and expunge that conviction in the same motion.

If the court grants your motion to terminate your probation early, it will typically also reduce the felony to a misdemeanor and expunge your conviction at the same time. 

If you are interested in a "bundled" motion, PJP can file a motion with the court and serve the motion on the District Attorney’s Office. 

OBTAIN YOUR CRIMINAL RECORD:

In order to schedule your free consultation, you must have your criminal record and know whether you owe fines, fees, or restitution on your criminal case(s). 

To obtain your official California criminal record, including all criminal activity associated with you, contact the California Department of Justice (DOJ) here. Please allow up to thirty days to receive your criminal record from the DOJ after it has been requested.

If all of your criminal convictions occurred in Santa Barbara County, you can contact Court Records at any Santa Barbara County Criminal Court to obtain a printout of your case(s). 

Santa Barbara: 805-568-3959 

118 E. Figueroa Street, Santa Barbara, CA 93101

Lompoc: 805-737-7789 

115 Civic Center Plaza, Lompoc, CA 93436

Santa Maria: 805-346-7550 

312-E East Cook Street, Santa Maria, CA 93454