[Cal. Penal Code 1203.4 & 1203.4a]

Under Penal Code section 1203.4, a conviction may be set aside and dismissed on your record so that when you apply for most jobs you can legally indicate that you were not covicted of that crime. In order to qualify, you must not be on probation or parole, you were not sentenced to state prison on this case, you are not currently charged for a crime, and your conviction is from Riverside County.

Expungement is the process that allows a person to withdraw his or her guilty plea, enter a plea of not guilty, and have the charges dismissed.
In order to be eligible to request this relief either:

1. You received probation for that conviction and:
   • You successfully completed probation or terminated early.
   • You also have paid all the fines, restitution, and reimbursements ordered by the court as part of your sentence.
   • You are not currently serving another sentence or on probation for another offense, AND
   • You are not currently charged with another offense.
     OR
2. You never received probation and:
   • Your conviction was a misdemeanor.
   • It has been at least one year since the date you were convicted.
   • You have complied fully with the sentence of the court.
   • You are not currently serving another sentence.
   • You are not currently charged with another offense AND
   • You have obeyed the law and lived an honest and upright life since the time of your conviction.

You are eligible for an expungement and the court has the discretion (choice) to grant you that relief if: You received probation but had a minor violation AND:

• You have paid all the fines, restitution and reimbursements, ordered by the court as part of your sentence, AND
• You are not currently charged with, on probation for, or serving a sentence on any other offense.

It is up to the court to decide if your conviction should be expunged, so make sure to give us as much helpful information as possible to convince the court to grant you your request. Once your expungement request is granted, you can, in most situations, answer "no", to a question on an employment application, asking if you've ever been convicted of a criminal offense. An expungement does not:

• Seal the conviction record.
• Allow you to own or possess a firearm.
• Prevent the conviction from being alleged as a "prior conviction" in future prosecutions.
• Remove the conviction for immigration purposes.
• Relieve you from the obligation to register as a sex offender.

Fresh Start Application Financial Statement Form

[Cal. Penal Code 17(b)]

In some instances your case may warrant a reduction to a misdemeanor. In order for us to assist you, you must provide the following documentation:

• A copy of your police report, if you were not a former Public Defender client.
• Documentation showing completion or current enrollment in an educational, vocational or rehabilitation plan.
• Documentation showing you have been rehabilitated since your conviction. (Volunteer work, participation in social organizations or church activities, etc.)

Fresh Start Application Financial Statement Form

If you are still on probation and would like to terminate your probation early, we can help. In seeking this relief, you must have a good reason to make this request. For example, you have an offer for a job or are seeking a job that requires that you are not currently on probation, or that as part of your plea agreement you were promised an early termination of probation upon the successful completion of certain terms and conditions of probation.

In order to request an expungment you cannot currently be on probation or parole. However, if you can show the court "good cause" you can then request early termination of probation.

Examples of "good cause" may include written proof that:

• An employer is denying a job due to your criminal history.
• An employer has given you a termination notice due to your criminal history.
• The military will not accept you due to your criminal history.
• A professional licensing agency is denying you a license for work (ie. nursing, contracting, etc) due to your criminal history.

You must also have:

• Fulfilled all terms and conditions of probation with no violations.
• Completed any program requirements (i.e. drinking driver classes, domestic violence classes, parenting classes, etc.).
• Paid all fines and fees.
• Completed a substantial period of the probation time unless there are unusual circumstances.

Fresh Start Application Financial Statement Form

[Cal. Penal Code 4852.01]

A Certificate of Rehabilitation is available for persons who do not qualify for the expungment process; it is a legal action to restore your civil rights. Most individuals that seek this relief have had prison sentences. Basically, when the court grants a Certificate of Rehabilitation it is declaring that you've been "rehabilitated". When a petition is granted, it acts as an automatic application to the Governor for a Pardon.
To be eligible for this relief:

• You must have been convicted of a misdemeanor sex offense or a felony
  AND
• You must have resided in California for at least 5 years before filing the petition
  AND
• You must have completed a "period of rehabilitation" (ranging from 7 to 10 years, depending on the conviction offense(s)).
• Additionally, if you were placed on probation, you must first have had the conviction expunged.

If you cannot establish the 5 year residency requirement, you can pursue a Governor's Pardon directly [Cal. Penal Code 4800]. How to apply for a pardon. Any questions regarding the Governor's Pardon should be directed to Govenor's Website.(www.gov.ca.gov)

A Certificate of Rehabilitation does not:

• Seal your record
• Allow you to deny the conviction in response to questions on employment applications or for State licensure
• Restore your right to own or possess a firearm
• Apply to all offenses. If your conviction was for a violation of Penal Code 286(c), 288, 288a(c), 288.5, 289(j), or you are serving life parole, you may not petition for a Certificate of Rehabilitation.

Fresh Start Application Financial Statement Form

Prop 47 permits some individuals convicted of certain controlled substance and theft-related offenses (of less than $950), to request their felony convictions to be recalled and designated as a misdemeanor. All requests must be submitted by November 4, 2022:

• If you have a felony record of the following crimes your felony may be able to be changed to a misdemeanor: Simple drug possession
• Petty theft under 950 dollars
• Shoplifting under 950 dollars
• Forging or writing a bad check under 950 dollars
• Receipt of stolen property under 950 dollars

Prop 47 does not apply to everyone. If a person has been previously convicted of serious crimes, including rape, murder, or child molestation or is in the sex offender registry, they will not be eligible for reclassification.

Prop 64 permits most people with prior marijuana convictions to have their convictions either reduced to misdemeanors or dismissed entirely.

If you have a felony or misdemeanor record of the following crimes, you may be eligible to have your felony reduced to a misdemeanor or your felony/misdemeanor dismissed:

• Health and Safety Code (or H&S) § 11357 (Possession of marijuana; Possession of concentrated cannabis; Possession of marijuana on school grounds)
• H&S § 11358 (Cultivation of marijuana)
• H&S § 11359 (Possession of marijuana with the intent to sell)
• H&S § 11360 (Marijuana sales)