David Givot, Lead Attorney

Clear My Records helps you seal arrest records for any arrest(s) that did not end in a conviction. We help you seal records for eligible misdemeanor and felony arrests. We will help you understand the eligibility requirements and explain factors such as statutes of limitations that could prevent you from sealing your record right now. In most cases, the statute of limitations expires after one year of the offense for a misdemeanor and at least three years for a felony offense. The statute of limitations for felony offenses varies depending on the maximum penalties for the offense. Some felony offenses have statutes of limitations that exceed eight years, and others such as murder have no statute of limitations. Once we ascertain that you are eligible for record sealing, we begin the petitioning process. Note that we have to file a separate petition for every arrest record you want to seal. We file the petition to the arresting or prosecuting court and include the following information:

• Your name and date of birth
• The date of the arrest
• The location of the arrest
• The law enforcement agency that arrested you
• Arrest information such as the police report or court case number
• The charges for which you were arrested
• Your reason for record sealing (as a matter of right or for the interests of justice)

The Welfare and Institutions Code §781 allow adults to have their juvenile records sealed. Sealing juvenile records can be beneficial, mainly to prevent stigmatization due to offenses you committed when younger. While juvenile offenders are typically not convicted for offenses (through juvenile court proceedings), sealing the record assures you that employers or schools cannot access your juvenile records. We help you or your loved one seal juvenile records to help him, or her enjoy the following benefits of sealing that conviction:

• He or she can truthfully say he has never been arrested or convicted.
• He or she will not have to register as a sex offender (for orders based on juvenile convictions only)
• He or she gets a fresh start without the burden of a juvenile record.

Infractions are minor violations typically attracting a fine as punishment. Most defense attorneys seek to have qualifying misdemeanors reduced to infractions to eliminate a criminal conviction. However, having even an infraction record can still reflect negatively on you. Many employers will consider background infractions when making hiring decisions. Infractions can also impair one’s ability to get certain types of insurance on the job or off.

Fortunately, California recently introduced legislation allowing for the “expungement” of eligible infractions. AB 2582 is a law that allows you to expunge a non-traffic infraction. The eligible non-traffic infractions that you can expunge, include:

• PC 415 disturbing the peace
• PC 602 trespass
• PC 490.1 petty theft

You can expunge an infraction conviction that is as old as ten years. Record sealing attorney helps you navigate this new area of expungement laws by conducting legal research, filing the petition, and appearing in court on your behalf.

Employers, educational institutions, and professional licensing bodies can use a misdemeanor conviction in deciding against hiring you, enrolling you into their schools, or issuing you a professional license. A conviction record will also weigh on you mentally and financially. On your behalf, we will petition the court for relief under PC §1203.4 so your misdemeanor conviction will be “dismissed.” Once relief has been granted, it will be “legally true” to tell a private employer that you were never arrested or convicted of the offense.

We have worked for years having PC §1203.4 relief granted and will help you, too. We not only file the petition but also argue it in court, when necessary, to convince the court that you deserve relief and the second chance it brings.

We help you petition for early termination of probation under PC §1203.3. Early termination of probation allows you to begin your expungement procedure sooner and lessens the impact of the conviction on your life. You can request early termination of probation for misdemeanor and felony offenses as long as you meet these requirements:

• You were not convicted in a federal court.
• You are currently on probation and have served at least half of your probation.
• You have satisfied other conditions of your sentence, such as paying fines, restitution, community service, and attending mandatory programs.
• You are not facing charges or on probation for another offense.

Once we file a petition for early termination of your probation, the court will evaluate the petition and circumstances surrounding the offense based on the following factors:

• The seriousness of the underlying offense
• Your criminal record
• Hardships you are experiencing because of being on probation, such as problems with gaining employment.

We present your case and supporting evidence before the court to defend your petition for early termination of probation.

Convictions and sentencing for some offenses disqualify you from sealing your records or receiving relief under PC §1203.4. In such cases, you may be eligible to earn a certificate of rehabilitation, which tells people who conduct background checks that you are now a law-abiding citizen. Record sealing attorney will evaluate your case to determine the relief options available for you. Some of the eligibility requirements for obtaining a certificate of rehabilitation include:

• You have not been imprisoned since the completion of your sentence.
• You are currently not on probation for any offense.
• You have lived in California for at least five consecutive years before filing for the petition.
• You have been rehabilitated for a satisfactory period (usually a minimum of 10 years), which includes five consecutive years of residence in California and two to five years, depending on the offenses for which you were convicted. The rehabilitation starts counting after you complete parole or probation, or are released from a community or mandatory supervision.

Obtaining a certificate of rehabilitation can take time and has several regulations that influence when and if you can obtain the certificate. Record sealing attorneys help you understand these laws and evaluate your case before you can begin the application process. We will help you with the application process from the beginning to the end. We also assist you in obtaining the required documentation to support the application. Unlike sealing your records, the court has discretion on whether you obtain the certificate; therefore, having an attorney representing you is highly recommended.

PC §1203.4 allows people convicted in California to “expunge” a felony conviction. Once you granted, your record will show that the court dismissed the case and it will be “legally true” to tell employers that you have never been convicted for that offense. Record sealing attorney helps you determine your eligibility for felony record expungement based on the criteria provided under the penal code. The conditions require that:

• You were not convicted in a federal court.
• You did not go to state prison for the offense.
• You have completed your probation.
• You have met all the requirements of your sentence, such as paying fines and restitution, and that you completed the court-ordered programs.
• You are not currently charged or serving a sentence for another offense.

We work on your case from assessment and analysis to filing the petition, appearing in court on your behalf, and defending your petition for relief.

DUI or wet reckless convictions can be used as priors for ten years and they stay on your record forever, which is a long time of dealing with the negative effects of a conviction. Record sealing attorney helps you petition for an “expungement” of your DUI or wet reckless conviction, to allow you to pursue your career and educational opportunities. While the expunged record will still count as a prior conviction if you commit another DUI, it will appear in your criminal background checks as “case dismissed.” You might still have to pay higher insurance premiums, but you can tell employers or interested parties that you were never convicted for a DUI offense.