California Expungement of Specific Pre-1997 Sex Offenses Against Minors Frequently Asked Questions

What will show-up when someone does a background check?

What appears on a background check depends on the type of background check that is performed.  If the employer does a standard commercial background check, the chances are the conviction and the case will not appear.  If the employer requires you to submit fingerprints and provide a copy of your California Department of Justice report, it will show that there was a case but that it was dismissed and there is no conviction or finding of guilt.

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How is this possible if the current law says I am not eligible and I was told by others that I am not eligible?

Prior to 1997, the law allowed for expungement of Penal Code Sections: 286(c), 288, 288a(c), 288.5 or Section 289(j). If your case was a plea bargain made before 1997 and you made it bargain with the understanding that you could get the record expunged, the court can apply the law as it existed pre-1997 and allow you to expunge your record.

This is a fairly recent development and many attorney are not aware of this exception.

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Once expunged, can I become a schoolteacher, nurse, or other occupation that deals with children?

It is very unlikely.

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Do I need to hire an attorney to do this?

You are entitled to represent yourself, but it is a complex case and you would be best served by an attorney.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

Typically, most cases take about three to five months depending on the court.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do you have payment plans?

We can create a payment plan that meets your needs.   Please view the pricing section for details regarding the payment plan.

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What if I don’t know exactly what is on my records?

We will be glad to work with you to get a copy of your record and to review what can be done to help. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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Does an expungement seal the entire case?

No. An expungement takes the conviction off of your record and replaces it with a dismissed court case. It also takes the finding of guilt away. If asked, you cannot deny the existence of the arrest or court case, but you can deny the conviction.

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What if my case is denied?

If the expungement is denied, we evaluate the reason for the denial and determine the best way to proceed.  If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee.

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Will it relieve me of the requirement to register?

An expungement of one of these offenses will not relieve you of the requirement to register. Furthermore, the expungement will not change any requirements that are imposed on you by Penal Code Section 290.

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What happens after my conviction is expunged?

You will receive a court order expunging your case. Additionally, the criminal record databases will be updated to reflect your conviction was expunged.

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Will this restore my right to possess a firearm?

No. The three most common reasons for a person to lose their right to own or possess a firearm in California are (1) being convicted of a felony, (2) being convicted of a violent misdemeanor, or (3) being convicted of misdemeanor domestic violence.

 (1) If you were convicted of a felony, expungement will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemenor, which will restore your right to own a firearem.

(2) If you were convicted of certain violent misdemeanors then the State of California takes away your right to possess a firearm for ten years.  The ten year ban begins on the date of conviction.  Expungement does not restore this right.

(3)  If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California for which expungement does not affect. There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than California's definition, so your domestic violence conviction in California might not trigger the federal law. Expungement in California does not lift the federal prohibition.

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Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record.   Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

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After it is expunged, can I have the record sealed?

In order to have a case sealed, you can’t be convicted of the charge and you must prove you were factually innocent.  Please see section on record sealing.

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