expunging criminal records understanding the … criminal records understanding the sacramento...

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saclaw.org >> Home >> Law 101 Disclaimer: This Guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in Sacramento County. Please keep in mind that each county may have different requirements. If you need further assistance consult a lawyer. Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 874-6012 EXPUNGING CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a conviction dismissed/expunged, download the instructional packet, including forms, from the Sacramento Superior Courts website: www.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf FOR MORE INFORMATION On the Web: California Courts Self Help Website www.courts.ca.gov/1070.htm This website includes a section with information and instructions on cleaning up your criminal record. At the Law Library: How to Seal Your Juvenile and Criminal Records in California KFC 1194 .Z9 S53 (Self-Help) California Criminal Defense Practice KFC 1155 .C342 Chap. 103 Electronic Access: On the Law Library’s computers, using the LexisAdvance. California Criminal Law Procedure and Practice KFC 1155 .C35 Chap. 4 Electronic Access: On the Law Library’s computers, using OnLaw. Do not use this guide expunge your record based on: PC 1203.49, Victim of Human Trafficking Use the standard Judicial Council Forms that have not been modified for Sacramento County Superior Court. IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN. H:\public\LRG-SBS\SbSs\SBS_Records_Expungement 1/18 rmm Solicitar esta guía en español VLSP Criminal Records Expungement Clinic www.vlsp.org/services-we-offer/#2 916-551-2102 2411 Alhambra Blvd. Ste. 110 The Criminal Records Expungement Clinic is held in conjunction with the Driver’s License Reinstatement Clinic on most Tuesdays, Wednesdays, and Thursdays, between 10:00am and 4:00pm, at the Asian Resources Sacramento Training Center. Appointments are scheduled for the week on Monday mornings, beginning at 7:00am, at the Training Center. Free Assistance!

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Page 1: Expunging Criminal Records Understanding the … CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a

saclaw.org >> Home >> Law 101

Disclaimer: This Guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in Sacramento County. Please keep in mind that each county may have different requirements. If you need further assistance consult a lawyer.

Sacramento County Public Law Library & Civil Self Help Center

609 9th St. Sacramento, CA 95814

(916) 874-6012

EXPUNGING CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a conviction dismissed/expunged, download the instructional packet, including forms, from the Sacramento Superior Courts website: www.saccourt.ca.gov/criminal/docs/1203-4-dismissal-process.pdf

FOR MORE INFORMATION On the Web: California Courts Self Help Website www.courts.ca.gov/1070.htm This website includes a section with information and instructions on cleaning up your criminal record.

At the Law Library: How to Seal Your Juvenile and Criminal Records in California KFC 1194 .Z9 S53 (Self-Help) California Criminal Defense Practice KFC 1155 .C342 Chap. 103 Electronic Access: On the Law Library’s computers, using the LexisAdvance. California Criminal Law Procedure and Practice KFC 1155 .C35 Chap. 4 Electronic Access: On the Law Library’s computers, using OnLaw. Do not use this guide expunge your record based on:

PC 1203.49, Victim of Human Trafficking

Use the standard Judicial Council Forms that have not been modified for Sacramento County Superior Court.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.

H:\public\LRG-SBS\SbSs\SBS_Records_Expungement 1/18 rmm

Solicitar esta guía en español

VLSP Criminal Records Expungement Clinic www.vlsp.org/services-we-offer/#2 916-551-2102 2411 Alhambra Blvd. Ste. 110 The Criminal Records Expungement Clinic is held in conjunction with the Driver’s License Reinstatement Clinic on most Tuesdays, Wednesdays, and Thursdays, between 10:00am and 4:00pm, at the Asian Resources Sacramento Training Center. Appointments are scheduled for the week on Monday mornings, beginning at 7:00am, at the Training Center.

Free Assistance!

Page 2: Expunging Criminal Records Understanding the … CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a

www.saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101

2 www.saclaw.org/expungement-guide

Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Your name

Case number for the conviction you’re trying to expunge and birthdate

Date of conviction Check box for defendant

Sign date, and print name

Either check if reducing to a misdemeanor per 17b , terminating probation per PC 1203.3.

Paul Sample

Code and Section you were convicted of

Page 3: Expunging Criminal Records Understanding the … CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a

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Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Your name, birthdate, and driver’s license number Case number for the conviction

you’re trying to expunge

If probation was ordered in your case, check the box next to 2. Then check box a, b, or c, depending on which best describes your situation.

If probation was not ordered in your case, check the box next to 3. Check box a if you have not been charged or convicted of a crime since this case. Check box b if you have had subsequent criminal cases, and attach a declaration explaining why this expungement is in the interests of justice.

If your offense was a felony, but could have been charged as a misdemeanor, or an infraction check Yes to indicate it may be reduced under PC § 17b or PC § 17(d)(2)

Describe nature of offense

Code and Section you were convicted of

Date of conviction Check the box stating you are the defendant in the case.

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If you only were sentenced to state prison, yet you served time only in a county jail, then you will be eligible to have your record expunged under PC 1203.41.

Sign, Date and Complete Address information

Your name and case number

If you performed satisfactorily during the period in which deferred entry of judgment was granted and can establish dismissal was granted under PC 1000.3. Include the date of the dismissal.

Check 7, 8 or 9 as it applies to the situation. It should match your answer in questions 1-6.

If you were sentenced prior to the 2011 Realignment Legislation, per PC 1203.42.

Page 5: Expunging Criminal Records Understanding the … CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a

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LEAVE THE REST OF THIS FORM BLANK! The judge will complete this form after reviewing your petition.

Your name, address, and phone number. “In Pro Per” means you are representing yourself.

Your name and birthdate

Case number for the conviction you’re trying to expunge

Page 6: Expunging Criminal Records Understanding the … CRIMINAL RECORDS Understanding the Sacramento Superior Court’s Expungement Packet In Sacramento, to petition the court to have a

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LEAVE THE REST OF THIS FORM BLANK! The judge will complete this form after reviewing your petition.

Your name and case number

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Parties in the original case Case number for the conviction you’re trying to expunge

In your own words, tell the court why you want to expunge your conviction. Consider including information like:

· Your plans for the future; · The reasons you offended, and how your life is different

today than it was when you offended; · How the conviction has hurt your employment chances; · If you have received any training or education since

your conviction; · Any occurrence in your life that changed how you

interact with your community; and · Any 12-step or religious affiliations you have.

Check “Defendant” Print name, Sign and Date

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Sample Sacramento Criminal Record Report

Your case number

Code section you were convicted of violating

05M01234

Date of conviction Misdemeanor or Felony

Terms of your sentence

123456

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