David Reagan David Reagan

Expungments and The DOJ Record (RAP Sheet)

Is it possible to remove a conviction entry in the DOJ record after dismissal under Penal Code section 1203.4? Here, I discuss common questions regarding the RAP Sheet and clean record cases.

Read More
David Reagan David Reagan

Implied Consent Law for DUI

Does refusal to submit to a blood test result in a jury instruction for consciousness of guilt? In People v. Boularchi (2024, A167289), the Court of Appeal found this instruction valid where the defendant refused to submit to a blood draw unless the police officer first obtained a warrant for the test.

Read More
David Reagan David Reagan

Expungement and Gun Ownership Rights

Expungements in Caifornia do not restore firearm ownership rights after a felony conviction, but there are other ways to restore the right to possess a gun.

Read More
David Reagan David Reagan

Voters Will Decide Whether to Repeal Prop 47 This November

This November, California voters will vote on Proposition 36, which would repeal many of the provisions of Proposition 47. Proposition 36 would restore the ability of prosecutors to charge felonies for simple drug possession cases with a prior and lower the threshold value for grand theft from $950 to $450.

Read More
David Reagan David Reagan

Sealing Juvenile Records with Two Wardship Petitions

Court of Appeal concludes that a second wardship when the juvenile was previously a ward of the court only bars sealing a juvenile record when that wardship was for a felony or a misdemeanor involving moral turpitude.

Read More
David Reagan David Reagan

Check if a Misdemeanor Can Be Reduced to an Infraction

Some misdemeanors can be reduced to infractions under Penal Code section 17, subdivision (d). The most common convictions eligible are disturbing the peace, driving a vehicle without a licese, and buying alcohol with a fake identification.

Read More