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Understanding the Courts Expungment Packet

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Understanding the Courts Expungment Packet Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 saclaw.org (916) 874-6012 >> Home >> Law 101 Solicitar esta EXPUNGING CRIMINAL RECORDS guía en Understanding the Sacramento español 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 Free Video! On the Web: Criminal Records Expungement Video California Courts Self Help Website • saclaw.org/video-library/expunging- www.courts.ca.gov/1070.htm conviction/ This website includes a section with information and instructions on cleaning up your criminal record. This video is a joint project of the Sacramento County Public Law Library and formally the At the Law Library: Voluntary Legal Services Program. It explains How to Seal Your Juvenile and Criminal Records how to ask the court to dismiss your in California convictions and expunge your record. KFC 1194 .Z9 S53 (Self-Help) Have your criminal record and blank forms California Criminal Defense Practice ready before viewing the video. KFC 1155 .C342 Chap. 103 Electronic Access: On the Law Library’s computers, Note: The forms referred to in this video have been updated since it was recorded. However, the using Lexis. information in the video may still be helpful for California Criminal Law Procedure and Practice those trying to expunge their own record. Make KFC 1155 .C35 Chap. 4 sure you are using the most updated forms Electronic Access: On the Law Library’s computers, included in the Sacramento Superior Court Criminal (Expungement) Dismissal Process guide. using OnLaw. 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/expungement rmm 08/2021 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. saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name, address, and phone number. “In Pro Per” means you are representing yourself. Case number for the conviction you are trying to expunge and birthdate Your name Date of conviction Check box for defendant Code and Section you were convicted of violating Either check if reducing to a misdemeanor per 17b , terminating probation per PC 1203.3. Paul Sample Paul Sample Sign date, and print name 2 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name, address, phone number, and email. Provide birthdate and driver’s license number. Include your, name followed by “In Pro Per”, Case number for the conviction which means you are representing yourself. you are trying to expunge. Date of conviction Check the box stating you are the defendant in the case. Describe nature of offense Code and Section you were convicted of violating. 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) 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. 3 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name and case number If you have successfully completed the California Conservation Camp Program or county incarcerated individual hand crew under PC 1203.4b. Select A or B and select C. Provide the information about the fire camp. Select 5 if your conviction was the result of your status as a victim of human trafficking. 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. If you were sentenced prior to the 2011 Realignment Legislation, per PC 1203.42. 4 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet Your name and case number >>Home >>Law 101 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 9, 10, or 11 as it applies to the situation. It should match your previous answers. Paul Sample Sign, Date and Complete Address information 5 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name, address, phone number, and email. Your name followed by “In Pro Per” means you are Case number for the conviction representing yourself. you are trying to expunge LEAVE THE REST OF THIS FORM BLANK! The judge will complete this form after reviewing your petition. 6 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name and case number LEAVE THE REST OF THIS FORM BLANK! The judge will complete this form after reviewing your petition. 7 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Your name and case number LEAVE THE REST OF THIS FORM BLANK! The judge will complete this form after reviewing your petition. 8 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Parties in the original case Case number for the conviction you are 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. Print name, Sign and Date Paul Sample Check “Defendant” 9 www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 Sample Sacramento Criminal Record Report Your case number 05M012345 123456 Code section you were convicted of violating Date of conviction Misdemeanor or Felony conviction 10 Terms of your sentence www.saclaw.org/expungement-guide saclaw.org Understanding Sac Court’s Expungement Packet >>Home >>Law 101 11 www.saclaw.org/expungement-guide .
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