If you were arrested in California, we may be able to help. We understand that things happen and sometimes we or our loved ones get swept up in situations that turn into something much larger with great repercussions, such as an arrest or conviction. If you or someone you love was arrested and you are tired of struggling or seeing them struggle to achieve their dreams and move on with their career goals, you will want to follow these helpful steps.
Talk About It
First, if someone you love was arrested in California, then, communication is key to making things happen. Open up a conversation to create a plan of action. For example, if your child was the one arrested in California, then, have them write down their goals and determine what steps they need to get there.
Or, if your child wants to become a Registered Nursing Assistant, they will need to go to school, get training through an internship or part-time job, pass a state board for state licensing, and then find gainful employment with a stable employer. Starting a list and marking each achievement down will show your child they are making progress to achieve their goals.
However, if you were arrested in California, the first thing to do is educate yourself on the record that gets created and what you can do to minimize the damage.
California Department of Justice Report
Whenever someone has any interactions with the criminal justice system, whether an isolated arrest, criminal conviction, participation in a drug diversion program, or more – this information is transmitted to the California Department of Justice (DOJ), where it is recorded. This record is officially known as a “Criminal History Summary Report” or a “DOJ” report for short. Some also refer to it as a “livescan” since it is obtained by having your fingerprints ran by a livescan provider.
If you were arrested in California, then the arresting agency – i.e., the police or sheriff’s department very likely told the DOJ and it is now on your DOJ report. While it is illegal for commercial background check companies to report an isolated arrest on employment background checks, employers can work around this law by requesting that you obtain an FBI background check or livescan.
This is why the first step is to obtain a copy of that report for yourself. In order to pull a copy of your DOJ report, you go here.
California Arrest Record Sealings
Generally, for cases where there was an arrest and it didn’t result in a conviction – i.e., they charges were dropped or dismissed – the case will qualify to be sealed under CA PC §851.91 in which the case will no longer be accessible to the general public. This law is also commonly called, the Consumer Arrest Record Equity (CARE) Act and was passed by California Governor Jerry Brown on October 11, 2017. You can learn more about California Arrest Record Sealings here.
California Conviction Expungements
However, when a case leads to a conviction and you have completed fines and probation, the case will qualify to be expunged under CA PC §1203.4. An expungement will change the case from a conviction to a dismissal, allowing your child to legally deny the existence of the case. You can learn more about dismissals here.
Reach out to the Experts to Clear the Record
Most importantly, once you obtain your copy of your DOJ report, reach out to the professionals at The Law Firm of Lifeback Legal to discuss the options above or to learn more about what can be done to clean up your California Department of Justice (DOJ) report whether through an expungement or a record sealing.
Lifeback Legal is a division of the Law Firm of Shea M. Randall, a trusted California Law Firm. We specialize in helping individuals get their life back with California criminal record expungements and federal licensing services. We are a full service Law Firm — from gathering documentation, hand-crafting petitions, and dealing with the headache of the Courts. We will appear on your behalf to show the Court that you deserve relief.
Contact our office to day to discuss how we can help lift the weight of a criminal record from your child’s background check. You can reach us by filing out the contact form below or by calling our office at (888) 751-5329.
* By clicking ‘submit’ you understand that this does not create an Attorney-Client relationship. While we do our best to respond to you quickly, we are under no obligation to take your case or provide any sort of response. We do not sell or share your information. Providing your basic information simply gives our law firm the opportunity to follow-up and engage in a conversation to best assist you.