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Criminal Law Blog

How to Expunge a Criminal Record in California

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If you are seeking a new job, career, license, or other position involving a background check, or you simply want to protect your reputation and legacy now and in the future, there are steps you can take to expunge a criminal record in California. Not all crimes can be expunged, and expungement can be a multi-step process, but the rewards of expungement often make it worth it. Here are the basic steps on how to expunge a criminal record in California. Collect All of Your Criminal Records For most people seeking an expungement in California, the goal is to expunge as many...

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How a Current/Pending Criminal Charge Can Affect Your Employment

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Criminal charges can effect some of the most important aspects of our lives and during the most vulnerable time.  Where we live, who we meet, and whether you get the job you really want.  It is difficult to describe just how serious a brief moment in the past can create anxiety in so many situations and for so long.  One area where most people fear their criminal record will jeopardize their well-being is employment. California state law provides extensive protections for individuals who have been convicted of crimes in the past but have taken steps to either expunge their record, have...

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Are There Limits to Expunging Your Record?

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California offers one of the most gracious expungement programs in the country, and it is a principle of California state law to provide a second chance to people who have made mistakes in the past. But that does not mean that the process is necessarily simple, that any and all criminal records will be erased, or that you will be in the exact same position as you were before. While the benefits of expungement are enormous - namely the reputational and career benefits you will experience - it’s good to go into the process clear-eyed and with the right resources...

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DUI on 4th of July

DUI on the 4th of July A lot of images come to mind with our Day of Independence.  To name one of them: Drinking in celebration of our Freedom.  While most Americans can do this with moderation, others make the mistake in timing their decision to drive.  There isn't anything inherently evil about this.  Humans have celebrated with alcohol since the dawn of time.  But the trouble these days is that few are aware of what the legal limit is with respect to driving under the influence ("DUI").  More specifically, few have the internal awareness of what their level of impairment...

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6 Things DUI Cops Won’t Tell You

[caption id="" align="alignleft" width="195"] Photo By Charles Roberts from Plano, United States (Plano Police Motorcycle Officer) [CC BY 2.0[/caption] This post used to say "5 Things DUI Cops Won't Tell You", however, new trends and created new issue in the field of DUI law.  Despite law enforcement's efforts to curb impaired driving, trends related to drug-influenced driving ("drugged driving") have sprouted in the last four years.  This has influenced the ways in which DUI officers have investigated their cases. It’s sometimes hard to grasp how complex DUI (“Driving Under the Influence”) arrests can get. Most people don’t really know what it feels...

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Why Humans Drink & Get High

Why Humans Drink & Get High Before undertaking this kind of topic, a few things need to be clarified.  The medical, treatment, and law enforcement communities can disagree about the different ranges between alcohol or drug "use," "abuse," and "addiction."  Not all people who have tried alcohol or drugs have "abused" them.  And not all individuals who have used mind-altering chemicals have experienced "addiction".  Thus, this discussion postulates the multifaceted reasons why humans as a species are drawn to these experiences in the first place.  For a long time now, the notion that "getting high" to have fun or "running away...

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3 Reasons You Were Charged With a DUI Felony

When is a DUI a felony? How does a DUI Felony affect you?  What you can do about it?   In California, a DUI is what is commonly referred to as a “wobbler”; this means it can be charged as either a misdemeanor or a felony. Generally, in order to be charged with a felony DUI there must be aggravating factors that warrant that type of enhancement. These aggravating factors may occur when the DUI: Causes Death or Injury Is the Fourth DUI within Ten Years Comes after a Prior Felony DUI.   1. A DUI felony happens when it causes injury or death A first time DUI...

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California Senate Seeks to Raise Punishment for BHO Labs

Punishment for BHO Labs Could Soon Be Aggravated Felony California's Senate approved a bill to increase the punishment for BHO labs in the state this week, further showing the growing sentiment against the manufacturing of Butane Hash Oil (AKA: BHO, Dabs, Wax, Shatter, etc.). The current punishment for BHO labs is already a felony.  But the pending legislation could allow judges to increase the severity of the sentence for the charge where the activity is conducted in a residential area.  Senate Bill 212 passed unanimously by a bipartisan vote and will now move forward for consideration by the State Assembly. Supporters of the bill...

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How Long is a DUI on My Record?

For How Long is a DUI on my record? Once you successfully complete the term of probation, you can apply for an expungement to get the conviction off your criminal record. The value of this is that you don't have to disclose your conviction to employers. However, just because the conviction is expunged from your record doesn’t mean it is gone, it is still a priorable offense if you get another DUI within the next ten years. A priorable offense means that the court may consider another DUI within ten years when sentencing you on a second or third DUI. Can I get...

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What is Reckless Driving?

Reckless Driving What is it?  Is it better than a DUI?  How do I get one? Many who search for more information about their DUI and the law that governs it will come across the alternative plea of reckless driving.  Some believe it is not a DUI while others have been lead to believe it is exactly the same thing but with a different title.  Here is some information to clarify some of the issues that come with a reckless driving offense. Is reckless driving better than a DUI? In short, yes. A wet reckless is initially charged (almost always) as a DUI.  But...

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