California’s 1170 Felony Realignment Expungement Law

Governor Jerry Brown recently signed into law Assembly Bill 651, which fills a critical gap in California’s expungement law. Under the new law, codified as Penal Code Section 1203.41, individuals sentenced under Felony Realignment, Penal Code Section 1170(h)(5), may be eligible to expunge the felony conviction from their criminal record. Continue reading

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RecordGone.com Wins New York Record Sealing Appeal

Recordgone.com, a division of the Law Firm of Higbee and Associates, recently won an appeal on behalf of a New York client who petitioned to seal his conviction. The New York appellate court reversed the lower court’s order denying defendant’s motion to seal the record of his conviction and sent the case back to the trial court to hold a hearing on the matter. Continue reading

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New Jersey’s New Conditional Dismissal Program

On January 4, 2014, a New Jersey law that establishes a conditional dismissal program in the Municipal Courts for first-time offenders charged with certain disorderly persons offenses goes into effect. A defendant who successfully completes this program will be eligible to expunge his or her record six months after the case is dismissed. The conditional dismissal program will supplement New Jersey’s existing diversion programs, which include pre-trial intervention (PTI) for certain indictable offenses in the Superior Court and conditional discharge for certain disorderly persons drug offenses in the municipal court. Continue reading

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Minnesota Legislature Looking to Improve Expungement Law

There is a group of Minnesota House Members and Senators that have come together to form the Expungement Working Group. On Tuesday, they had their third meeting in three months, and at this meeting lawmakers heard public testimony on the current issues surrounding expungement law. Much of the testimony focused on the effect a criminal record has on a prior offender’s ability to secure employment and the changes that must be made to the expungement law to remedy this problem. The current law only expunges the judicial records. Continue reading

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Court Ruling Allows Opportunity for Individuals Convicted of 288(a) To Terminate 290 Registration

A recent decision by a California appellate court has created an extraordinary opportunity for those convicted of violating Penal Code section 288(a) to terminate their requirement to register pursuant to Penal Code section 290. While it is unknown how long this opportunity will last, the ruling is welcome news for those whose lives are negatively impacted by the registration requirement imposed on 288(a) offenders in 1997. Continue reading

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