Criminal charges usually carry more than just jail time; they carry consequences that far outlive jail time. This makes the possibility of the expungement of past offenses an important step for many people. For example, California regulators have announced emergency measures to investigate the criminal backgrounds of all registered nurses in the state, days after it was reported that dozens of nurses had kept their licenses for years despite multiple convictions.
Effective immediately, the state nursing board will ask all nurses renewing their licenses whether they have been convicted of any crimes in recent years. Dozens of registered nurses convicted of crimes, including sex offenses and attempted murder, have remained fully licensed to practice in California for years before the state nursing board acted against them. If these offenses had been expunged earlier, there is a possibility that these offenses wouldn't be involved in this process at all.
The criminal convictions include 183 DUI/reckless driving convictions, 96 drug and alcohol offenses, 94 burglary and theft convictions, 47 motor vehicle offenses (i.e. driving with a suspended license), 43 assault and battery convictions and 94 other offenses.
Among the cases in which the board acted belatedly or not at all:
* An Orange County man continued to renew his nursing license for years even after he was imprisoned for attempted murder.
* A Redding nurse was convicted 14 separate times from 1996 -- a year after she was licensed -- through 2006 on charges including several instances of driving under the influence, driving with a suspended license and drug possession.
* A San Pedro man amassed convictions for receiving stolen property, as well as possession of cocaine and burglary tools, before the board placed him on probation. He subsequently was arrested two more times, for possessing cocaine and a pipe to smoke it.
One of the many skills of an experienced criminal defense attorney is the ability to assist defendants in helping seal juvenile records, sealing California criminal arrest records and expungements.
In California, an Expungement is a legal process by which a criminal conviction is dismissed. A guilty plea, "no contest" plea or a finding of guilt by a judge or jury is set aside and the case is dismissed. An expungement relieves the defendant of certain penalties and disabilities that result from a criminal action. The arrest, prosecution and conviction records remain in the file and a notation is placed in the file that the conviction has been dismissed. The notation in the court file, the California Department of Justice and the FBI files reflect that a plea of not guilty has been entered and the case ordered to be dismissed by the court. As is commonly believed, an expungement does not seal or destroy your criminal records.
If you have been arrested or committed a juvenile crime (a crime committed by persons under the age of 18), you will have a juvenile record. As a minor you can seal both arrests and convictions. When juvenile records are sealed, the record of arrest, detention, prosecution, and conviction are physically sealed and/or destroyed. Sealing your juvenile record will allow you to move into adulthood with a 'clean slate'.
Sealing an adult criminal record can only be done when an arrest is made without a conviction and you can prove you are factually innocent of the charges.
You can seal your arrest record if you were arrested as an adult and the case was either:
- Dismissed
- Rejected
- Never filed by the District Attorney or City Attorney's office
A background check will reveal the arrest along with finger prints, booking photos, and the arrest report. This information is a public record and does not disappear even when there is no formal case or charges filed.
A Petition to Seal and Destroy Arrest Records pursuant to California Penal Code, Section 851.8 is filed by an attorney. The process can take from 9 t
o 12 months.
