Hope for Prospective Firearm Owners whose Firearm Rights Have Been Restored in Another State
A new ruling in the Northern District of California opens possibilities for firearm possession for those with out of state felony convictions.
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.
Repeal of Proposition 47 Set to Take Effect
Effective January 1, 2025, new laws increase the punishments for theft and drug possession for repeat offenders.
District Attorney Objections to a Petition to Dismiss
What does a district attorney objection mean for a clean record case, and when does it occur? Find out in this blog post.
Mercury News Explains the Restorative Power of Expungment
The Record Clearance Project is an inspiring non-profit operating in Santa Clara County that helps people obtain expungements and gives students valuable experience with the justice system.
Automatic Dismissals Under Penal Code section 1203.4, True or False?
The California Department of Justice now automatically reviews cases for dismissal under Penal Code section 1203.4. How does that effect the case? How does a person find out if automatic dismissal has been granted?
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.
What Happens When a Firearm Purchase is Denied
A firearm dealer denial could be the result of faulty criminal history records with the DOJ or the applicant might need additional clean record relief.
An Afternoon in Alameda County Expungement Court
Lessons learned from listening to all the reasons a district attorney might object to a clean record petition in Alameda County.
San Leandro Sets Fees for Concealed Carry Licenses
With concealed carry applications being heard by local police departments rather than the Alameda County Sheriff, the San Leandro City Council put new fees in place for a concealed carry license.
Provide a Personal Statement to Avoid Denial of Termination from Registration
In difficult sex offender registration cases, a detailed personal statement and documentation of treatment can mean the difference between success and failure.
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.
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.
Certificate of Rehabilitation Shouldn’t Be Denied Due to the Severity of the Crime
After the trial court erroneously denied a Certificate of Rehabilitation and Pardon, the Court of Appeal clarified what a trial court can consider when ruling on a petition.
Supreme Court Continues to Prohibit Firearm Possession for Domestic Violence Restraining Orders
The United States Supreme Court decided in U.S. v. Rahimi that people subject to a domestic violence restraining order cannot possess firearms.
Supreme Court to Rule on Firearms after Domestic Violence Restraining Order
In United States v. Rahimi, the Supreme Court will soon decide if a law prohibiting firearm ownership for those subject to a domestic violence restraining order is constitutional under the Second Amendment.
Certain Juvenile Sex Offenses Can Bar a Petition to Seal Juvenile Record
This blog explains which sex offenses prohibit sealing of a juvenile record.
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.
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.
Court Should Only Consider Conviction Offense in Sex Offender Registration Termination Hearing
Appellate court finds that lower court considered irrelevant factors when dismissing motion to terminate sex offender registration.