General Comments August 2018

Comments that are not specific to a certain post should go here, for the month of August 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Hello,

Do people recommend Record Gone for California (LA area) felony reduction and expungement or is there something else?

Recently finished probation and need to get my felony reduced and then expunged. Looking for recommendations. I see Record Gone looks reasonable and has the money back guarantee.

How soon after probation should I expect to wait for the reduction/expungement? How long does the process take? My apartment lease is up in November and it would be great if I could pass a background check by then. No AC in the apartment and this summer has been brutal, would love to move.

I am not publicly listed on the ML site.

How difficult is the process? Any other info, experiences you all could give would be appreciated. It’s been a long road and I’m anxious to finally finish this up and get back to as normal a life as I can get to.

Thanks.

Another SO win in Superior Court in NJ. This opinion just released 9 hrs ago. https://www.njcourts.gov/attorneys/assets/opinions/appellate/published/a2388-16a3132-16.pdf

I’ve been granted expungement via 1203.4 and am “released from all penalties and disabilities resulting from the offense of which he or she has been convicted”. They argue the registry isn’t a penalty but surely it is a disability.

Any persons in San Jose area that knows of shared housing. A non ML listed misdomeanor and working that makes decent money, but hates where they currently are and am looking to take move forward to rebuild their life. Prefer to find an understanding person. Don’t want to have a random check ruin a living arrangement. Current landlord is pushing my buttons on rent because they mostly have county assisted felons, and can charge more.Want to get ahead , not just survive.

BTW, this site should have a section for housing opportunities.

POETIC JUSTICE
Paedophiles get revenge on vigilante who brought 28 sex offenders to justice

https://metro.co.uk/2018/08/07/paedophiles-get-revenge-vigilante-brought-28-sex-offenders-justice-7807905/

If you have a 1203.4 do you need a 17b ?

Question:
Does anyone know of a newer misdomeanor C.P. possession being expunged. I understand that they say it can’t be done. But it makes no sense to me why a misdomeanor internet offense is not able but a physical contact offense is allowed. But then none of this nightmare makes sense!

B what ~ it would be better if you got your felony reduced to a misdemeanor prior to getting it expunged but some judges won’t do that. Then you will have an expunged felony rather than an expunged misdemeanor. It’s still better than not getting it expunged. Always try to have it reduced first and most attorneys will do that anyways but as I mentioned before, the reduction is at the discretion of the judge. With an expunged felony, you will still not be able to carry a fire arm for example. Bottom line, try to get it reduced first, but if that doesn’t happen, get it expunged as a felony. The cost should be the same and it’s worth a try.

@Hysteria
All CPs became straight felonies and were no longer eligible for expungement after January 1, 2014.
How were you convicted of a misdemeanor in 2015?

Ok, thanks I’ll start working on the 17b.

Georgia inmate’s death considered possible homicide

“(WTXL) – The Georgia Department of Corrections has launched a homicide investigation after an inmate was found dead Wednesday morning at the Valdosta State Prison.”

http://www.wtxl.com/news/georgia-inmate-s-death-considered-possible-homicide/article_2aa95152-9ba3-11e8-a539-6706e385e4bf.html

The Board of Immigration Appeals considers failure to register a crime involving moral turpitude. So what other regulation violation is also a crime involving moral turpitude, I wonder?

https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3562.pdf

Man convicted of failure to register as a transient after not registering shelter address.

https://law.justia.com/cases/california/court-of-appeal/2014/b251154.html

Felony failure to register is a wobbler, so it can be reduced to a misdemeanor? Could be if this is still good law.

https://law.justia.com/cases/california/court-of-appeal/4th/51/528.html

From the jury instructions:

3. Update his or her registration at least once every 30 days if he or she is “a
transient.” (See Pen. Code, § 290.011.)
A sexually violent predator who is released from custody must verify his or her
address at least once every 90 days and verify any place of employment. (See Pen.
Code, § 290.012.)

https://www.justia.com/criminal/docs/calcrim/1000/1170/

Uh, equal protection?

How does that make sense? I do not see much challenge to the transient statute in case law, and nothing that attacks the vagueness of “shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities.” WTF! How are these relevant to the offense? (Thinking of probation conditions.) Not to speak of the undo burden compared to parole and probation.

Man, I really got spoiled by how easy it was for me to be compliant over the last 25 years of so.

My thinking on Brett Kavanaugh’s nomination to the Supreme Court has been evolving but has now come to a conclusion: he’s no good for us. Deference to law enforcement and too-little concern for the rights of the accused makes him a distinctly inferior candidate to the now-seated Justice Gorsuch.
Here are two links:
“Popehat’s Ken White: ‘Free Speech Is in Just as Much Danger from Conservatives'”
http://reason.com/reasontv/2018/08/08/ken-white-brett-kavanaugh-james-gunn?utm_medium=email /////////// “Randy Barnett on the Secret History of SCOTUS Confirmation Hearings: Podcast
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump’s high-court pick.”
http://reason.com/blog/2018/07/27/randy-barnett-podcast

@AJ

Here is a YouTube video of Paul Dubbeling arguing for the plaintiff in Doe v Cooper oral arguments (audio portion only) for your listening leisure as you see fit. Fourth Circuit Affirms Doe v. Cooper Oral Arguments September 16, 2016.

This is sort of a rant about people who rant.
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I just saw that NARSOL felt the need to defend its self on Twitter, because of the claims that some people were making saying that they collected funds, but they weren’t pursuing going after the IML aggressively enough, or any of that. I also see people ranting about that on here from time to time, bitching about why no one is going for the brass ring that will just put an end to this registry, and all of that. I know that all of us on the registry will have to admit that we have done some stupid things before, otherwise we wouldn’t be in the situation we are in, but I just want to tell these whining ranters who are continually critiquing everyone else that nobody really cares about your rant, nobody thinks you are smart, and we don’t find your points to be compelling. You’re like those annoying people in movies where when everything is going bad, there’s always this one guy who thinks he is smarter that everyone else, and that nobody else is doing things good enough or right enough for him, and you just can’t wait for the monster to eat this character, or for someone to just give him an attitude adjustment or something.
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I hate saying all this, I really do, because I believe that we’re all here to encourage each other, and to help each other in this war we are in, but these intermural battles need to stop. If you think you are so smart, then hire your own lawyer. If you don’t have the money to, then you’re not smart enough or disciplined enough to have figured out how to make enough money, and you have no business critiquing anyone else anyway.
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So, this is my “nice” level 1 rant. I have a pet peeve for whiners, and bitchers, especially ones that I’m convinced are dumber than they think they are. There are some good things going on, and a lot of people are working on things together and independently that are helping bring about those good things. We definitely have some momentum. What has happened in courts that has benefited us in the past 6 months or so is much more than an anomaly, it’s actual momentum. Keep working, keep praying, be patient.

A very interesting case.

The court said, “I’m going to issue a certificate of probable cause upon application. There are legal issues that I ruled upon which are worthy of appeal.”

https://www.leagle.com/decision/incaco20170224023

Will there be a way to call into San Diego’s meeting tomorrow?

Looking for suggestions as to volunteer work. I currently am a trail volunteer for county parks, but would like to pad my resume for what I hope would be a successful COR request.

I can see issues with the Nov. elections. That will be the time that politicians will be focusing on the ” violence” and ” keeping our children safe” . with that they like to talk about stiffening penalties for offenders. Always a good sell for ignorant voters.
On another subject, I read article about an MS 13 female that recieved 6 yrs for her part in murdering a 15 yr old girl. Yet a man in a local SAA group was just sentenced to 6 yrs for touching a minor.
My confusion is , isn’t murdering a minor a LITTLE more hennous than touching a minor inappropriately? BTW, he was a swim coach and I am sure this is a response to the current issues in the news.
The MS 13 girl will do maybe 3 yrs and be deported. This man will do all six, be on god only knows how much parole, a lifetime registration, and everything else that comes with this.
This is beyond injustice. This is absurd.

How does one find the transcript of court cases for people who have been removed from Colorado registree?