If you have past criminal convictions of any kind and you want to find out if you can remove it or you need help getting it removed, reduced, or expunged then register for this free expungement clinic.
Saturday, September 8th
10:00 AM to 1:00 PM
Holy Trinity AME Church
200 E. 68th Street, Long Beach, CA 90805
Attorneys and paralegals from the Los Angeles County Public Defenders Office will be onsite providing free post-conviction relief. This event will be in place of our regularly scheduled monthly record changing clinic.
In addition, The following services will be available:
* Record reclassification with Proposition 47, Proposition 64 and expungement services
* Certificate of Rehabilitation referrals
* On-site voter registration and education
* Employment and housing services
What to bring:
• Proof of Identification (Drivers License, Photo ID, Etc.)
• Rap Sheet (Not required)
This iS a Great out for so many, but none or low level zero on here. Sad.
Wish that they (:L.A>Public Def. office would of disclosed those they could NOT work on to change) would NOT give false hope to the so many in this State and reading theses and contributes on here.
1. Why is a prison sentence, even for a first-time offense, exempt from expungement (i.e. 1203.4)?
2. When someone gets relief via-1203.4, that should automatically terminate any sex offender registration requirement.
“Expungement clinic.”
^Sounds inviting and promising, doesn’t it?
Fine print: *those with a prior sex offense are ineligible to participate.
@Facts should matter, does that apply to any expunge or just to sex offenses? Say a person as a DUI, can that not be expunged due to also having to register under 290? Do you have a cite?
The problem with expungement is there are two different sets of rules. One for non-sex related crimes and one for sex related crimes.
Why is there a difference? B/c PC 290.007 chose to disregard law already on the books stating that PC290 cannot supersede 1203.4. A person can only register if they’re convicted as per 1958 Kelly v Municipal decision.
PC 290.007========
Any person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4 , unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5 .
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The keyword here is “regardless”. That means this law, PC 290.007, acknowledges what 1203.4 is supposed to do, but disregards it.
There has been no scientific research done by the state of CA to enable such disregard. But in 1970, the State passed a law that cited unlawful sex with a female minor would not be a registerable offense to distinguish between “consensual” and “forced” unlawful sex with a female minor. Also in 1970, oral and anal sex were illegal in the state of California, including between consenting adults.
The 1970 ruling did not negate the immunities provided within 1203.4. But PC 290.007j does negate the immunities provided within 1203.4. State Constitution prohibits law(s) being passed that impair obligations of a contract.
CA Const, Art. 1, Sec. 9===
SEC. 9. A bill of attainder, ex post facto law, or law impairing
the obligation of contracts may not be passed.
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Which brings us back to the keyword “regardless” in PC 290.007. PC 290.007 is impairing the obligations of the contract set forth within 1203.4. Nowhere within 1203.4 does it state one must continue to register once earning the 1203.4. This was protected in 1958’s decision of Kelly v Municipal – PC 290 cannot supersede 1203.4.
It would be interesting to see the stats on how many of those expunged for other offenses went on to re commit. Of course they aren’t “bad” people because that expunged offense doesn’t show up now, does it. They can get help with housing, employment, and many other social services. The Apartment next to me is occupied by a drug dealer/ user that is in jail for the 3rd time in three yrs. I wonder how fast he gets his record expunged so he can return to his law abiding ways in a county supplied home. He deserves that 3, 4, 5, ……..chance though.
Most CA 288’s can’t get their record expunged, even if there was no prison. Without the tiered registry, the CA registry will remain bloated with 288’s.
Well stated NPS! I’m original (1) plea Battery occurred back in the early 90’s! Felony/Wobbler! Summary Probation. Reduced to a misdemeanor 3 years later pursuant to 17B (I contacted LA County/you can download the forms online/mail them in. I did this on my own! I simply mailed in the PC 1203.4 a and it was granted. I did this online and by calling the court. It wasn’t a very difficult process.
I filed a COR in OC (where I reside) and the DA was out of control. She yelled/had a so called witness (I have no idea who the person was) come in/an alleged other victim wrote a letter to the Judge. It was a Curcus. When I left the court, they blocked the exit and made comments to me? I was in shock. The presiding Judge stated he could find no reason to deny the motion, but it wasn’t enough? (Expunged misdemeanor with summary probation/OC is out of control). I’m presently waiting for 2021 and remaining positive. They can’t deny everyone!
Trying to make sure I understand…first, aren’t most or all CP charges Federal? If you were convicted of CP (1 count in 2006) in another state (now reside in California and all case files were transferred), you completed 33 months in a Federal prison and now have life-time supervised release (all from a really bad plea deal and currently trying to get off but have been told to wait till you have been out 10 years to even try; I live in the dreaded O.C.) you wouldn’t be eligible for expungement, COR, etc…..correct? I’m pretty sure I know the answer but feel like the ACSOL community sometimes has suggestions or tips that are helpful…not really feeling the wait around and see if we can change the Tier 3 CP fiasco…want to be sure I’m in the best place possible before the new law takes effect. Any suggestions?
Something everyone here should consider before attempting to get your convictions expunged…it does not relieve you of the requirement to register, nor does it help you get relief from registering.
THE ONLY ACCEPTABLE OFFENDER REGISTRY IS AN ABOLISHED REGISTRY!
How would be the situation if someone get expunged for 288a but not reduction to misdemeanor? can get COR? or which tier would be?
I’d love to register but I know I don’t qualify. I got a 288(a) and 243.4(a)… but 20+ years ago.
A message in the park:
https://www.youtube.com/watch?v=nK6O5-3pfKc
Janice
Are you basically stating it’s almost impossible to obtain a COR in OC? I concur. I’m holding out for SB 384. I would be (expunged battery) Tier 1 registering for 23 years (10 years required).
PS: How did Chance Oberstein obtain a COR? Truly
So is expungement possible or not? I plead out in 2003 to a 288.5 and spent 6.5 months in county jail of a 1 year sentence. I was told by my attorney at the time that the Prosecutor said I could have my charges changed or reduced at a later time. I am very fortunate about the way my case went, but after 15 years of registering I would like to find a way off the registry if possible.