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WIPING THE SLATE CLEAN

I am applying for a new job. How can I get a past conviction taken off my record?

Generally, only persons under eighteen years of age at the time of their arrest and who had their case heard in the juvenile court are eligible to have their arrest record "expunged" and sealed. Expungement means that all records of a juvenile court adjudication can be sealed -- except to certain members of law enforcement and agencies of the federal government.

However, the law does permit the court to dismiss the charge if the person in question has fulfilled the conditions of probation for the entire period of probation or where it is in the interests of justice to do so. There are several types of vehicle code and sex offense convictions which are not subject to this kind of dismissal.

Getting a conviction dismissed relieves a person of many of the penalties and problems associated with a conviction. Some consequences do remain: the conviction may still be used to increase a sentence for any new conviction a person may receive in the future. For example, the conviction could be alleged as a "strike" prior under the Three Strikes Law, or it may be used to turn a misdemeanor charge into a felony; possession or ownership of firearms remains unlawful; the conviction must be disclosed in response to any direct question contained in any questionnaire or application for public office, for state or local license, or contracting with the California State Lottery; and, in some cases a person may not be relieved of his or her duty to register as a sex offender.

Probation officers may make application to set aside a conviction. The Public Defender will make application and represent that person.

For further information, contact the Public Defender Branch Office in the courthouse where the conviction occurred. (Click here for a list of our offices.) The court may require the person to pay a fee for having his or her plea or verdict set aside and/or for the cost of the services of the Public Defender if the court determines that the person has the ability to pay.

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How do I get a certificate of rehabilitation?

A certificate of rehabilitation generally allows a person convicted of a crime to have his or her civil and political rights of citizenship restored. The granting of a certificate of rehabilitation also serves as an application to the Governor for a pardon. In order to qualify for a certificate of rehabilitation, a person must establish that he or she has lived an honest and upright life; that at least seven years have passed since the completion of the sentence, probation, or parole; there has been no further incarceration since his or her initial release from custody; and that he or she has resided in California for the past three years. Individuals convicted of some crimes, such as those that carry mandatory life parole terms and certain sex offenses, are not eligible for a certificate of rehabilitation.

A Deputy Public Defender will make application and represent the person. For further information, please contact the Certificate of Rehabilitation Paralegal at the Office of the Los Angeles County Public Defender, 210 West Temple Street, 19th Floor, Los Angeles, CA 90012, (213) 974-3057.

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How do I get a "finding of factual innocence?"

If you were arrested and no charges were filed against you, or you were charged but you were not convicted and the case against you was dismissed, or if you were acquitted after a trial, you can ask the court for what is known as "a finding of factual innocence." If the court makes this finding, you can truthfully answer that the arrest never happened. The Public Defender's Office will help you ask the court for a finding of factual innocence.

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