Petition to be Removed from the California Sex Registry

Senate Bill 384 transitions California’s ineffectual and outdated lifetime sex offender registration scheme to a tier-based system. SB 384 establishes three tiers of registration for adult registrants for periods of 10 years, 20 years, and life, and two tiers of registration for juvenile registrants for periods of 5 years and 10 years.

The new law requires registrants to petition the superior court or juvenile court for termination of their sex offender registration requirement at the expiration of their mandated minimum registration period. The district attorney will have a right to request a hearing if they deem that community safety would be significantly enhanced by the petitioner’s continued registration. Based on certain criteria, the court will either grant or deny the petition. If the court denies the petition, the individual will not be able to re-petition for a period of 1-5 years.

Important Dates
January 1st, 2021	July 1st, 2021	January 1, 2022
SB 384 becomes effective. The Department of Justice will begin to designate tiers for registrants. If a registrant’s designation cannot be immediately ascertained, they will be placed in a tier-to-be-determined (see below) category and SB 384 permits the DOJ up to 24 months to ascertain the individuals tier. During this 24-month period, the registrant cannot petition the court for removal.	Tier one and tier two registrants who meet the mandated minimum requirements may petition for termination of their sex offender registration requirement in the superior court or juvenile court in the county in which they reside. In limited instances, tier three registrants may qualify.	Registrants will be displayed on the Megan’s Law website pursuant to Penal Code section 290.46 as amended under SB 384.

Mandatory Minimum Registration Periods
The mandatory minimum registration periods for individuals who were convicted of their registrable offense depends on the tier that the individual is assigned:
Tier One: 10 Years	Tier Two: 20 Years	Tier Three: Lifetime

Self-Help Filing of the Petition

With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right.  It is as easy as following three simple steps:

1. First, determine whether you qualify by reading the information below.  The information is taken directly from the California Department of Justice and the statute itself.

• Second, if you decide it’s worth filing, then contact us and an experienced document preparer will assist you in the preparation of your petition.  We will help you gather all the necessary documents and organize them in a manner that is both helpful and advantageous.  We will prepare the petition for you based on the information that you provide us.  We cannot give you advice on whether you qualify or whether you should file a petition- that is the price you pay for a lawyer.  However, we will utilize over twenty years of experience doing this sort of work to ensure it is done correctly and professionally.

• Third, we will properly file the petition with the court and serve all the necessary parties.

It is as easy as that.  Lawyers will charge you thousands of dollars to complete the work whereas we will charge you hundreds.  If you can’t afford the costs, we will set up a payment plan.  The most important thing is making sure you file the petition and together, we can get this done.

How to Calculate Registration Periods

According to SB384, “the minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense.  The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period.

The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under the Sex Offender Registration Act (the Act), and by three years for each felony conviction of failing to register under the Act, without regard to the actual time served in custody for the conviction. 

If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment.  If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant form the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.”

Out of State Convictions

Pursuant to Penal Code § 290(d)(4), as added by SB 384, “a person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).  If the person’s requirement to register pursuant to § 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two registrant, except that the person is subject to registration as a tier three registrant if one of the following applies:

1. The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to § 290.06, is well above average risk at the time of release on the index sex offense into the community;
2. The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of § 667.5, or is substantially similar to § 269 or 288.7

3. The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.”

Tier-To-Be-Determined Category

Due to the overwhelming number of individuals who may qualify for relief, the DOJ has been given a grace period to determine tier status’.  A registrant will be placed in a ‘tier-to-be-determined’ classification if their appropriate tier designation cannot be immediately ascertained.  The DOJ will have up to 24 months to ascertain the proper tier.  A registrant is ineligible to petition for termination of their sex offender registration while they are placed in a ‘tier-to-be-determined’ status.

 Process for Petitioning to be Removed

1. Registrants will first request proof of current registration from the individual registering law enforcement agency. 
2. Registrants will then initiate the petition process by completing the petition forms.
3. The completed petition will need to be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed (Pen. Code §290.5, as amended under SB 384)
4. The registering law enforcement agency and the law enforcement agency in the county of conviction must, within 60 days of receiving the petition, file a report, informing the district attorney and superior court whether the petitioner meets the minimum requirements for termination. Note:  If the registering law enforcement agency’s investigation reveals a foreign conviction for which PC §290.005 registration may be required, the agency must refer it to the DOJ for assessment of whether the conviction changes the registrant’s tier designation.  The DOJ is entitled to 90 days in which to assess the conviction and may request additional time, if necessary.
5. Within 60 days of receiving a report of a possible 290.005 offense from the registering law enforcement agency or the law enforcement agency in the county of conviction or the district attorney in the county of conviction, the district attorney for the county where the petition is filed may request a hearing on the petition by alleging either that the petition has not fulfilled his mandatory minimum registration requirement or that community safety would be significantly enhanced by the petitioner’s continued registration.
6. If no hearing is requested, the court must grant the petition, upon finding that:  (a) That the required proof of current registration was presented in the petition; and (b) That the person has registered for the minimum mandatory period; and (c) That there are no pending charges against the person which could extend the time to complete the registration requirements of the person’s existing tier or could potentially change the person’s tier status; and (d) The person is not in custody or on parole, probation, or supervised release.
7. Upon granting the petition, the court must notify the registrant and the DOJ
8. The California Department of Justice anticipates full termination from the registry after a petition is granted to take between 30-90 days.

If a Hearing is Requested by the District Attorney

If a hearing is requested by the District Attorney, the Court must permit the district attorney to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration.  In making its determination, the court must consider:

1. The nature and facts of the registerable offense;
2. The age and number of victims;
3. Whether any victim was a stranger to the petitioner (known for less than 24 hours) at the time of the offense;
4. The criminal and relevant noncriminal behavior before and after the conviction for the registerable offense;
5. The time period during which the person has not reoffended;
6. Whether the offender has successfully completed a SOMB-certified sex offender treatment program; and
7. The person’s current risk of sexual or violent re-offense, including his/her risk levels on SARATSO static, dynamic, and violence risk assessments. 

If the Petition is Denied

If the court determines that the continued registration would significantly enhance community safety, it must set a time period (at least one and no more than five years) after which the petitioner can re-petition for termination and must state on the record its reasons for setting a particular time period.  The reasons must be based on the information presented at the hearing. 

Tier 3 Registrants

If a tier-three registrant is designated as tier three solely due to their risk level, which was well above average risk (formerly high risk) on the Static-99R, at least 20 years from release from custody on the registrant’s registrable offense, the registrant may petition for termination of their sex offender registration requirement unless the conviction offense is listed in Penal Code sections 1192.7 or 288.  The court shall determine, based on factors listed in Penal code section 290.5 as amended under SB 384, whether community safety would be significantly enhanced by continued registration. 

Likely Tier Designations

Tiers are primarily offense specific.  In limited instances, risk assessment scores and levels and other criteria may play a consideration however, these instances are rare.  There is still on-going debate as to appropriate tier placement, however the following “predictions” were made by the wonderful people at ACSOL and are based upon the current tiered registry law contained within the SB384 statute itself.

Penal Code Section	Offense Description	Likely Adult Tier
187	Murder while committing or attempting, 286, 288, 287, 288a, 289, or rape [no statute specified]	T3
207 or 209	Kidnapping, when committed with intent to violate 261, 286, 288, 288a, or 289	T3
220(a),(b)	Assault, or assault in connection with a first-degree burglary, with intent to commit rape, sodomy, oral copulation [statutes not specified], or any violation of 264.1, 288, or 289	T3
236.1(b)	“Human trafficking” – violating another’s personal liberty to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 [extortion, not registrable]	T3
236.1(c)	“Human trafficking” – inducing a minor to engage in a commercial sex act to effect violation of 266, 266h, 266i, 266j, 267, 311.1 through 311.6, or 518 (extortion, not registrable)	T3
243.4(a)	Sexual battery (sexual touching) when victim unlawfully restrained [wobbler]	T3 if felony; T1 if misdemeanor
243.4(b)	Sexual battery of victim institutionalized for medical treatment [wobbler]	T1
243.4(c)	Sexual battery when misrepresenting that it is for a medical purpose [wobbler]	T3 if felony; T1 if misdemeanor
243.4(d)	Sexual battery by causing victim to touch intimate parts of another [wobbler]	T3 if felony; T1 if misdemeanor
243.4(e)	Misdemeanor sexual battery	T1
243.4(j)	Sexual battery with minor, with prior 243.4 conviction [felony]	T1
261(a)(1)	Rape of a non-spouse incapable of giving consent because of mental disorder or disability	T1 or T2
261(a)(2)	Forcible rape of a non-spouse	T3
261(a)(3)	Rape of non-spouse incapable or resisting because of intoxication	T3
261(a)(4)	Rape of a non-spouse unconscious of the nature of the act	T3
261(a)(5)	Rape when consent procured by fraud	T1 or T2
261(a)(6)	Rape of a non-spouse under threat of future retaliation	T2, but T3 if sentenced under 667.61 or 667.71
261(a)(7)	Rape of non-spouse under threat of government authority	T1 or T2
262(a)(1)	Rape of a spouse, if forcible and defendant sentenced to prison	T3
262(a)(4)	Rape of a spouse under threat of future retaliation [not listed as registerable in 290(c)]	May not be tiered, but T3 if sentenced under 667.61 or 667.71
264(c)(1)-(2)	Rape of a minor (as defined in 261 or 262)	T3
264.1	Acting in concert with others by force or violence to violate 261, 2262, 0r 289	T3
266	Inveigling a chaste unmarried female under 18 into a house of ill fame [wobbler]	T1
266c	Inducing someone to engage in intercourse, penetration, oral copulation, or sodomy by false statements meant to induce fear	T1
266h(b)	Pimping a minor; deriving income from a prostitute who is a minor	T3
266i(b)	Pandering a minor	T3
266j	Procuring a child under 16 for a lewd or lascivious act, as specified	T3
267	Abducting a person under 18 from their legal guardian for purpose of prostitution	T3
269	Aggravated sexual assault of a minor 14 years or younger by someone 7 years older	T3
272	Contributing to the delinquency of a minor or luring a minor under 14 away from home, if involves lewd or lascivious conduct	T3
285	Incest, when both participants are 14 or older	T2
286(b)(1)	Sodomy with person under 18 [misdemeanor or wobbler]	T1
286(b)(2)	Sodomy by person over 21 against person under 16 [felony]	T1
286(c)(1)	Sodomy with person who is under 14 and no more than 10 years younger than offender	T2, but T3 if sentenced under 667.61 or 667.71
286(c)(2)	Forcible sodomy	T3
286(c)(3)	Sodomy with fear of retaliation	T2, but T3 if sentenced under 667.61
286(d)	Sodomy in concert with force or fear of retaliation	T3
286(e)	Sodomy while in jail or state prison [misdemeanor]	T1
286(f)	Sodomy with victim unconscious to the nature of the act	T3
286(g)	Sodomy with victim who has disability or mental disorder	T2
286(h)	Sodomy, where both victim and offender confined to institution for disorder or disability [wobbler?]	T2
286(i)	Sodomy with intoxicated victim unable to resist	T3
286(j)	Sodomy when consent procured by fraud [felony]	T1
286(k)	Sodomy under threat of governmental authority [felony]	T1
288(a)	Nonforcible lewd or lascivious act with child under 14 with sexual intent	T2 if 1st offense, but T3 if under 667.61 or 667.71; T3 if 2nd offense
288(b)	Forcible lewd or lascivious act with child under 14 or dependent person	T3
288(c)	Nonforcible lewd or lascivious act with victim 14 or 15 years old, and offender more than 10 years older; or nonforcible lewd acts against dependent person by caregiver [wobbler]	T3
288a(b)(1) or 287(b)(1)	Oral copulation with person under 18 [wobbler?]	T1
288a(b)(2) or 287 (b)(2)	Oral copulation with person under 16 when offender is over 21 [felony]	T1
288a(c)(1) or 287(c)(1)	Oral copulation with person under 14 when offenders is more than 10 yrs older	T2, but T3 if sentenced under 667.71
288a(c)(2) or 287(c)(2)	Forcible oral copulation	T3
288a(c)(3) or 287 (c)(3)	Oral copulation under threat of future retaliation	T2, but T3 if sentenced under 667.61 or 667.71
288a(d) or 287(d)	Oral copulation in concert with force, under threat of retaliation, or victim is incapable of giving consent	T3
288a(e) or 287(e)	Participates in oral copulation while in jail or state prison [misdemeanor]	T1
288a(f) or 287(f)	Oral copulation with victim unconscious of the nature of the act	T3
288a(g) or 287(g)	Oral copulation with victim who has disability or mental disorder	T2
288a(h) or 287(h)	Oral copulation when both offender and victim are in institution for disability or disorders [misdemeanor]	T2
288a(i) or 287(i)	Oral copulation with intoxicated or drugged victim incapable of resisting	T3
288a(j) or 287(j)	Oral copulation when consent procured by fraud [felony]	T1
288a(k) or 287(k)	Oral copulation under threat of government authority [felony]	T1
288.2	Providing “harmful material” to a minor or person believed to be a minor [wobbler’ only felony is registerable]	T3
288.3	Communication with a minor with intent to violate 207, 209, 261, 264.1, 273a, 286, 287, 288, 288a, 288.2, 289, 311.11, 311.2, 311.4 or 311.11	T3 (absent exception)
288.4	Arranging a meeting with a minor or person believed to be a minor with intent to commit sex offense [misdemeanor if meeting not completed, otherwise felony; felony if defendant has prior registerable conviction]	T3
288.5	Continuous sexual abuse of a child (3 or more acts of sexual abuse in less than 3 months with a child under 14 with whom one lives or has regular access)	T3
288.7	Intercourse with a victim 10 years of age or younger	T3
289(a)(1)	Forcible sexual penetration	T3
289(a)(2)	Sexual penetration under threat of retaliation	T2, but T3 if sentenced under 667.61
289(b)	Sexual penetration with victim who has disability or mental disorder	T2
289(c)	Sexual penetration where both victim and offender confined to institution for disorder or disability	T1
289(d)	Sexual penetration with victim unconscious of the nature of the act	T3
289(e)	Sexual penetration with intoxicated or drugged victim incapable of resisting	T3
289(f)	Sexual penetration when consent procured by fraud [felony]	T1
289(g)	Sexual penetration with threat of government authority [felony]	T1
289(h)	Participation in sexual penetration with person under 18 [misdemeanor]	T1
289(i)	Person over 21 who participates in sexual penetration with person under 16	T1
289(j)	Sexual penetration with victim under 14 and more than 10 years younger than defendant	T3
311.1	Distribution, exchange, or exhibition of obscene matter depicting minor engaging in or simulating sexual conduct [wobbler]	T3 if felony; T1 if misdemeanor
311.2(b)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct [felony]	T3
311.2(c)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with an adult [wobbler on 1st offense; felony on 2nd offense]	T3
311.2(d)	Possession, production, or distribution for commercial consideration, matter that depicts a minor engaging in or simulating sexual conduct, shown to or exchanged with a minor [felony]	T3
311.3	Sexual exploitation of a child (knowingly develops, duplicates, prints, or exchanges any representation that depicts a minor engaged in sexual conduct) [misdemeanor, unless prior related offense]	T3
311.4(a)-(c)	Hiring or using a minor for acts specified in 311.2 [wobbler]	T3
311.11	Possessing or controlling any matter depicting minor engaged in or simulating sexual conduct [wobbler]	T3 if felony; T1 if misdemeanor
314	Exposing oneself willfully and lewdly where others may be offended or annoyed, or assists another in doing so [misdemeanor, unless prior conviction for 314 or 288]	T1
647.6(a)-(c)	Annoying or molesting a child under 18 [misdemeanor on 1st offense; felony if done after entering dwelling, or defendant has prior sex offense conviction;	T1 (1st conviction); T2 (second conviction)
653f(c)	Soliciting another to commit a specified sex offense, including forcible rape, sodomy or oral copulation or any violation of 264.1, 288, or 289 [felony]	T3
Exceptions and Enhancements
2nd “violent felony”	Any second, subsequent conviction for the following violent felonies as defined by 667.5(c): 187, 207, 209, 220, 261(a)(2), (a)(6); 262(a)(1), (a)(4); 286(c), (d); 287(c), (d); 288(a), (b); 288a(c), (d); 289(a), (j); 288.5; 261.4	T3
667.61	Any sex offense with a life sentence, or a sentence of 15 years to life, sentenced pursuant to 667.61.  Section 667.61 provides enhanced penalties for violating 261(a)(2), (a)(6); 262(a)(1), (a)(4); 264.1; 286(c)(2), (c)(3), (d); 287(c)(2), (c)(3), (d); 288(a), (b); 288a(c)(2)(c)(3), (d); 288.5; 289(a)
667.71	A “habitual sex offender” punished pursuant to 667.71 upon a second, separate conviction for violating 207(b); 208(d); 209(b); 261(a)(2), (a)(6); 262(a)(1), (a)(4); 261.4; 269; 286(c),(d); 288(a), (b); 288a(c), (d), 288.5; 289(a), (j)	T3
SARATSO score	A SARATSO score “well above average at the time of release”	T3
W&I § 6600	A “sexually violent predator”	T3
290.004	A “mentally disordered sex offender, or a plea of not guilty by reason of insanity”	T3

Petition to Be Removed From the 290 Registry

Standard Fees $699 + Court Fees

Petition for Dismissal

If you have been convicted of a crime you may be eligible for relief. Some convictions can be modified on your record so that when you apply for most jobs, you can legally say that you were not convicted of that crime. Other convictions may be reduced from felony to misdemeanor status in certain situations.

The information is intended to help you with the legal process of cleaning up your criminal record and is not intended as legal advice. The results may vary.

What is an Expungement?

An expungement (also called a “dismissal”) is a way of cleaning up your adult records that limits the information that shows up on a background check. The petition can be brought up at the conclusion of probation. The petition requests the court to allow the defendant to withdraw a plea of guilty or plea of nolo contendere and instead enter a plea of “not guilty”. The court will set aside the verdict of guilty and the court thereupon dismiss the accusations against the defendant, dismissing the case.

It is important to understand, however, that a criminal record is no actually “expunged” under this statute. The dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed. The dismissal does NOT seal the conviction from the public view. The conviction remains on your record for many purposes including sex offender registration and immigration consequences.

Getting a conviction expunged hides the conviction from certain people (for example, some employers, some landlords, credit agencies) when they run a background check on you.  Most private employers are NOT allowed to see a conviction that has been expunged.  Additionally, most private employers CANNOT ask you about or even consider, a conviction that has been expunged when you apply for a job.   Be aware, however, many times a court file still exists after an expungement.  Anyone who knows how to look for a court file may be able to find it.

Petition for Dismissal (Penal Code Section 1203.4 or 1203.4)

This petition is the most common process, typically used for misdemeanors and non-traffic convictions. You are eligible for dismissal of a conviction under certain conditions, except for convictions in which you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation.

A petition for expungement may be a good option if you are looking for a fresh start and improve opportunities for employment, professional licensing or consumer credit.

Find out the Details of Your Conviction

In order to clean up your criminal record, you need to know what is on your criminal record so that you can figure out your options and choose the appropriate forms. If your case has been destroyed pursuant to Government Code Section 68143, you must provide the court with either a copy of the probation order or the criminal history record from the California Department of Justice (RAP sheet).

Who is Eligible for a Dismissal/Expungement?

Convictions for certain crimes can never be expunged.  They are listed in the table below.  You may still be eligible for a Certificate of Rehabilitation even if you are not eligible for an expungement for one of these offenses.  

Penal Code Section	Penal Code Section
Felony 261.5 (d) (* possible relief if sent to local prison)	289(j)
286 (c)	311.1
288	311.2
288a(c)	311.3
288.5	311.11
Vehicle Code Section
Misdemeanor convictions for VC Section 2800, 2801, or 2803 insofar as it affects a failure to stop and submit to inspection of equipment or for an unsafe condition endangering a person.

YOU MAY BE ELIGIBLE IF:

1. You were convicted of a misdemeanor or a felony and were granted probation (formal or informal probation).
   1. You must have completed all the terms of probation.

• You were convicted of a misdemeanor and denied probation or you were convicted of an infraction.  
  •  You must wait for one year after your conviction before applying for dismissal/expungement.
  • You cannot be on probation or other type of supervision or be serving a sentence for any other case.  
  • You must not be currently charged with any other offense. (Penal Code Section 1203.4a) 

• You were convicted of a felony and sent to local prison (a prison term served in county jail).
  • You must wait one year after completing a “split” sentence before applying for a dismissal.  The one year starts after you complete all of your mandatory supervision in the community.
  • You must wait two years after completing a “straight” sentence before applying for a dismissal. 
  • You cannot be on probation or other type of supervision or be serving a sentence for any other case.
  • You must not be currently charged with any other offense. (Penal Code Section 1203.41) 

YOU ARE NOT ELIGIBLE IF:

1. You are currently being prosecuted for any offense in any jurisdiction;
2. You are currently on probation (informal summary or formal), mandatory supervision, post-release community supervision, or parole in any jurisdiction.  NOTE: You may be able to ask a judge for early termination of probation and then be eligible to dismiss/expunge the case;
3.  You are currently serving a sentence in any jurisdiction;
4. You were sentenced to state prison for the conviction and you don’t otherwise qualify.

I Went ToState Prison On My Case.  Can I Get That Case Dismissed/Expunged?

Maybe.  The law used to be you could not dismiss/expunge a case for which you served a state prison sentence.  The law has changed.

You may now petition to dismiss/expunge a case for which you served a state prison sentence if:

• The case has been reclassified as a misdemeanor under Prop. 47; or    
• The case has been reclassified as a misdemeanor under Prop. 64; or
• You were sentenced to state prison on the case before October 1, 2011, and the case is now the type for which you would be sentenced to local prison (where you serve your prison sentence in county jail).

If you were sentenced to state prison on the case and the case is not eligible to be dismissed/expunged, you may still qualify for a Certificate of Rehabilitation.

Self-Help Filing of the Petition

With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right. 

Petition for Dismissal

Standard Fees $699.99 + Court Fees

This information is for general use and is not intended as full and comprehensive instruction governing the laws and rules relating to the relief granted under Penal Code Section 1203.4. For further information, you may refer to Penal Code Section 1203.4 and 1203.4a and 1203.41 and 1203.42 or we recommend you seek legal advice.  If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

Petition to Reduce Felony to Misdemeanor and Dismiss Action

If you were convicted of a felony and not sentenced to state prison, certain felony violations under California Penal Code section 17(b) may be eligible to be reduced to a misdemeanor and dismissed if you are done with probation and/or jail time. You may also use this procedure to seek dismissal for a misdemeanor conviction if you were sentenced to probation and violated probation.

Petition for Dismissal

Standard Fee $699.99 + Court Fees

For further information, you may refer to Penal Code Section 17(b) or we recommend you seek legal advice.  If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

Petition to Seal and Destroy Arrest Record

There are two instances when you petition the court under Penal Code Section 851.8:

1. When the prosecutor has not filed charges and the arresting agency has denied your Petition to seal or destroy the arrest record. The Petition in the court that has jurisdiction over the area where the arrest occurred.

• Charges were filed, the action was dismissed and the court has determined that you are factually innocent. The Petition will be filed in the court where the case was heard or dismissed.

Qualifications:

1. You must have been found factually innocent of the crime for which you were arrested.
2. You must have been an adult when arrested or detained.
3. The arrest or detention cannot have been for an infraction.
4. You cannot have been convicted of any other crime connected to the arrest or detention.

Hearings:

Once the hearing is scheduled, it is the responsibility of the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense. The District Attorney or the City Attorney has 10 days to submit a response to the petition.

Deadlines:

Petitions may be filed up to two years following the arrest date or the date the complaint was filed. Time restrictions may be waived upon showing good cause by the petitioner.

Self-Help Filing of the Petition

With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right. 

Petition to Seal Arrest Record

Standard Fee $699.99 + Court Fees

This information is for general use and is not intended as full and comprehensive instruction. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

Petition for Expungement of DNA Profiles and Samples

What is DNA Database Expungement?

Law enforcement is allowed to collect DNA samples from certain individuals.  In California, law enforcement can keep the DNA and DNA profile of anyone who pleads guilty to or is convicted of a felony or anyone required to register as a sex offender or an arson offender.  The DNA sample is put into a DNA database maintained by the Department of Justice (DOJ).  The database is called CAL-DNA.  DNA samples and profiles may also be saved by the FBI.

If there is no legal basis for the DOJ to keep your DNA sample and your DNA profile, you can request that the sample be destroyed and your DNA profile be erased from the database

Who may be eligible to have their DNA expunged?

You may be able to have your DNA expunged if:

• Your DNA was collected when you were arrested, but no charges were ever filed;

Your DNA was collected when you were arrested for a felony, but the prosecutor filed only misdemeanor charges against you for that arrest;

• Your DNA was collected but then the case was dismissed, or you were found “not guilty,” or a Court of Appeal overturned your conviction and the case was dismissed;
• Your DNA was collected for a case for which you later successfully completed a diversion program or deferred entry of judgment program, such as PC1000;
• You were found factually innocent of the underlying offense pursuant to Penal Code §851.8, or Welfare and Institutions Code §781.5.

Who is not eligible to have their DNA expunged?

You are not eligible to have your DNA expunged if:

• You have any felony conviction or any felony juvenile adjudication.  This is true even if your DNA was collected on a different case that was never prosecuted or later dismissed.  The fact that you have a felony conviction or adjudication at any point means law enforcement can keep your DNA and DNA profile.  Also, if you have a conviction in another state which would be a felony in California, the DOJ can keep your DNA and your DNA profile;
• You are required to register now or in the past as a sex offender or as an arson offender;
• You have a pending case that would allow law enforcement to get your DNA.
• You pled guilty to a felony, but the judge reduced the case to a misdemeanor at your sentencing hearing or at any time after your sentencing hearing. This includes cases that were reclassified as misdemeanors under Prop. 47 and 64. This includes cases that were reduced under Penal Code 17b.

What if all my felony cases have been reduced to misdemeanors, can I get my DNA expunged?

• If your felony conviction was reclassified as a misdemeanor because of Prop. 47 or Prop. 64, you do not get your DNA expunged;
• If your felony conviction was reduced to a misdemeanor because the judge used his/her discretion under Penal Code 17b to reduce it, you are not eligible to get your DNA expunged;
• If your felony conviction was dismissed/expunged under Penal Code §1203.4, that does not make you eligible to have your DNA expunged.’

Self-Help Filing of the Petition

With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right. 

What if the DOJ refuses to expunge my DNA?

If the DOJ denies your request to expunge your DNA you may ask a judge to do it.  With the help of an experienced document preparer at United LDA, we will prepare the petition. It is as easy as following three simple steps:

1. Complete the petition, Petition for Expungement of DNA Profiles and Samples.
2. File the Petition in the court in the jurisdiction where the case occurred.
3. Serve the Petition on the DOJ and the prosecutor.
4. Appear in court and show that there is no legal basis to keep your DNA and DNA profile.

Petition for Expungement on DNA Profile

Standard Fee $699.00 + Court Fees

This information is for general use and is not intended as full and comprehensive instruction. For additional information we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

Request A Copy of Your Criminal Record

The California Department of Justice (DOJ) is mandated to maintain the statewide criminal record repository for the State of California. In this capacity, sheriff, police and probation departments, district attorney offices, and courts submit arrest and corresponding disposition information.

The DOJ uses this information to compile records of arrest and prosecution, known as “RAP sheets,” for individuals and disseminates the information for law enforcement and regulatory (employment and licensing) purposes. RAP sheets are based upon fingerprint submissions, and therefore positively identified biometrically; a process by which a person’s unique identity is confirmed.

California Penal Code Sections 11120 through 11127 afford persons an opportunity to obtain a copy of their record, if any, contained in the files of the California Bureau of Criminal Information and Analysis and refute any erroneous or inaccurate information contained therein.

Self-Help For Requesting RAP Sheet

With the help of an experienced document preparer at United LDA, we will prepare the application at your discretion and you will go to the Live Scan site. 

RAP Sheet Request

Standard Fee $99.00

This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.