David Givot, Lead Attorney

Arrested? Charged? Convicted?

Are You Eligible to Have Your Criminal Record Cleared?

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Who We Are Experienced, Compassionate and Aggressive

Clear My Records is a California-based legal firm established to help individuals clear up old criminal records. When you hire Clear My Records, allowing us the opportunity to help clear your record, we will begin the record clearing process right away.

Consultations are never rushed and always intended to help you understand the eligibility requirements, the process for having your record sealed, and all of the options available in your unique situation. Because of the way the law is written, not everyone is eligible. We will carefully assess your case and we will only take your case if we know we can help.

We work closely with clients facing a variety of different record clearing needs, including:

  • Sealing records of an arrest
  • Sealing your juvenile records
  • Expunging a conviction

Our services are always tailored to the unique circumstances and specific goals of each client. For example, where there have been multiple arrests, we will file different petitions for each arrest; where one form of relief is not available, we will seek out another for which the client may be eligible. This nation was built on the belief in second chances and helping secure a second chance for every client we represent is the very core of this firm. We will take every step necessary to clear your juvenile or arrest records or “expunge” your adult criminal conviction so you can truly put it all behind you and live a life free of that burden.

What We Do Clear My Records Helps You Seal Your Juvenile and Arrest Records

Clear My Records helps you seal your juvenile and arrest records and “expunge” your adult convictions.

For every case we will:

Don't let a criminal record hold you back.

Let us help you seal your record

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What is record sealingDon't Let Your Criminal Record Hold You Back

Criminal records are public and anyone who knows where to look can see and access them. Employers, insurance companies, licensing agencies, dating partners, and landlords will all look into your past and, in all likelihood, judge who you were then and not who you are today.

Sealing or “expunging” your criminal records restricts the public from viewing your criminal records or modifies what they see. While law enforcement officials, the government, and the courts can still access them, the general public should not.

PC §851.87 allows you to seal your criminal record and material used for the investigation or as evidence of the offense. These materials will include:

  • Your arrest records
  • Police investigation reports
  • Fingerprint records
  • Photographs/Mugshots
  • Court records.

After sealing your records, you can legally (in most circumstances) say that you were not arrested for the offense.

Benefits of Record Clearing

The most significant advantage of sealing an arrest record is that they become inaccessible to the public. When the record cannot be found, it cannot immediately be used against you, which can save you from discrimination and lost opportunities. For instance, if a prospective employer does a background check on you and sees the record, human nature is such that the prospective employer will naturally judge you; see you as a criminal, not as a great candidate for the open job. The same could be true for advancement opportunities at your current job, developing personal relationships, housing, professional licensing, and even education.

Other benefits of record sealing include:

  • -Private employers not learning about the arrest
  • -Improved earning potential overall
  • -Increased likelihood of qualifying for student loans
  • -Better chances of qualifying for housing assistance
  • -The freedom to move on with your life without the burden of an arrest or a juvenile record
  • While your arrest record is sealed for most purposes, until it is destroyed, it can still be used. Law enforcement officials can access and disclose the arrest to other law enforcement agencies in the regular course of their duties. Sealing a record will also not relieve from the following:

  • -An existing duty to register as a sex offender under PC 290
  • -A prohibition from holding public office resulting from the arrest
  • -Loss of firearm rights
  • You will also have to disclose the arrest if asked a direct question when applying for:

  • -A public office
  • -Licensing by state or local agencies
  • -A contract with the California State Lottery Commission
  • -When applying for a job as a peace officer
  • Sealing a record does not erase all your criminal history; therefore, you must submit separate petitions for each record you want to seal.

Eligibility for Record Clearing

You may be eligible for relief under PC §851.87 if your arrest did not lead to a conviction. Arrests that do not end in a conviction can because:

  • -The prosecution did not file charges for the alleged offense
  • -The prosecution filed the charges but later dismissed them, and it cannot refile the charges
  • -The prosecution filed the charges, but the court acquitted the defendant
  • -You were convicted, but a higher court reversed or vacated the conviction, and the prosecution may not refile the charges
  • -The court dismissed your charges upon the completion of a pretrial diversion program
  • Before the enactment of SB 393, you had the burden of proving that you were factually innocent. However, under the current law, the prosecution shoulders the burden of proving that you do not qualify for record sealing. Most of the time, the prosecution will challenge your request to have your records sealed based on a criminal behavior pattern or charges that could still be charged. Your lawyer will be there to fight back for you!

    You might be ineligible to have your arrest record sealed because:

  • -You are still facing charges for the offense leading to the arrest.
  • -You were arrested for a crime like murder, which does not have a statute of limitations, and you were neither acquitted nor found innocent of the offense.
  • -You engaged in identity fraud to evade prosecution efforts and were also charged with identity fraud.
  • -You show a pattern of domestic abuse or violence, including offenses such as child, spousal, and elder abuse.

Record Clearing in the Interests of Justice

You are eligible for record sealing as a matter of right if your arrest did not end in a conviction for the alleged offense. However, the court could allow the sealing of criminal records for otherwise ineligible persons if doing so would serve the interests of justice.

Why You Should have an Attorney Help to Clear your Record

In some cases, the court could seal juvenile records automatically when the juvenile turns 18. However, these records might still be accessible through a court order, exposing you to the adverse effects of a criminal or juvenile record. The process of filing for record sealing must follow specific laws and procedures that can be rather confusing to most people. Hiring a record sealing attorney can save you the frustration and time you would have to spend learning the procedure for sealing your records correctly. Filing a petition to seal your records could include attaching declarations to prove why you seek the sealing of your records. Without the necessary expertise, you will likely make simple errors that could delay or even ruin your case, or accidentally waive rights.

Here are other ways an attorney can help you when sealing your records; what they have that you don’t:

  • -Experienced legal research including evaluating the options of relief that could apply in your case
  • -Experience with writing petitions, motions, and declarations
  • -Experience filing petitions
  • -Experience correctly and efficiently serving petitions to the necessary parties, within the required timeline
  • -Experience appearing in court and defending petitions
  • While some cases are rather straightforward, some might need an attorney's assistance, especially if you are not familiar with the laws relating to sealing arrest records.

“Expungement” is Not What it Sounds Like and Record Clearing is Different

Record clearing and what most people think of as record expungement are different concepts, although their benefits might overlap. Unfortunately, the two are commonly mistaken to be the same, they are not. They are vastly different.

The critical difference exists in the treatment the records in question receive. In a true record expungement, the court treats the crime as if it never occurred; therefore, records of your conviction no longer exist. Relief under PC §1203.4, what most people call expungements, does not have that effect. Rather, after PC §1203.4 relief, it will be “legally true” to tell a private employer that you were not arrested or convicted for the crime in question. Nevertheless, the record will still show – albeit it as case dismissed – and must be disclosed when applying for government clearance, law enforcement employment, and a few other circumstances. Records that are “sealed” still exist as they are, but the public cannot access them. In either situation, the prior cases can be used, where allowed, as priors for any new crimes alleged against you.

Our Services Clear My Records Can Help You Remove Unwanted Records

We are a firm dedicated to helping Californians remove the negative consequences an arrest or conviction record brings.

We are focused on the following services to help you clear your record:

Don't let your criminal record haunt you!

Get the freedom you deserve and start a new life.

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Clear My Records helps people with an arrest or criminal record seal it. We understand the role a criminal record can have on employment, education, housing, professional licensing, and even romantic relationships.

We help you clear these records so that you can start a new life without the burden of an arrest or a conviction. We work with you if you have any case in California and need help with sealing your juvenile or adult records. Do not let your criminal history ruin your future; contact us for a free review of your case today.