Clearing Up Your Criminal Record
People commonly find that criminal convictions affect their ability to get jobs and housing. For some, though, dismissals or Certificates of Rehabilitation may be possible to clear their records.
March 14, 2011
Clearing Up Your Criminal RecordCriminal convictions can carry additional consequences that exceed the sentences imposed by judges and juries. People with misdemeanor or felony offenses on their records frequently have difficulty getting jobs and finding housing, often because they are asked to disclose any criminal convictions on the application forms.
For some people, however, it may be possible to clear their records and lessen the negative impacts that criminal record may bring. In California, some convictions may be removed from a person's record through a dismissal or a certificate of rehabilitation.
Dismissal
People convicted of certain misdemeanors or felonies who were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation may petition for dismissals of their convictions. If you served time in the county jail, were given probation and/or paid a fine, you may be eligible for a dismissal.
Different states have different rules. However, many are similar. In California, to be eligible for a dismissal, you must have fully complied with your sentence and paid all fines, restitution and reimbursements ordered by the court. You may not be serving another sentence or charged with another offense at the time of your petition for a dismissal.
In most cases, a judge will determine if you have obeyed the law and lived an honest and upright life since your conviction. If so, the judge may set aside and dismiss your conviction. Then, your record will be changed to show a dismissal instead of a conviction.
In California, most private employers cannot ask about convictions that have been dismissed. Therefore, in general you do not have to disclose a dismissed or expunged conviction. You must reveal the former conviction under certain circumstances, such as when applying for a state license, or when contracting with the state lottery. When applying for a job with the government, you must indicate that your conviction was dismissed.
Certificate of Rehabilitation
People sentenced to California state prison or under the authority of the Department of Corrections and Rehabilitation are not eligible for a dismissal. But, they may be eligible for a Certificate of Rehabilitation. The requirements and procedures for a Certificate of Rehabilitation are complicated and lengthy, and people seeking Certificates of Rehabilitation should contact a knowledgeable criminal defense attorney for assistance.
A Certificate of Rehabilitation will not erase a felony conviction or seal your criminal record. But, a Certificate of Rehabilitation may enhance your potential for licensing consideration by a state board as well as your employment possibilities in general because it is an official state document that demonstrates your rehabilitation.
If you have questions about dismissals, Certificates of Rehabilitation or your criminal record, contact an experienced criminal defense attorney in your area. Because the process to clear your record may be complex, the assistance of lawyer is invaluable.
Article provided by Jerrold M. Bodow, Attorney at Law APLC Visit us at www.attorneybodow.com