Expunging "Realigned" Felony
Under current law, persons convicted of felony violations are often eligible for expungement, except in cases which resulted in state prison sentences. Expungement substantiates the purpose of rehabilitation, and clears the way for future opportunity.
Now, those persons sentenced to County Jail Felonies (low-level, non-violent crime) pursuant to AB 109 “Realignment” may be eligible for expungement.
Assembly Bill 651 of the California Legislature 2013-2014 Regular Session, added section 1203.41 to the Penal Code, dramatically expanding expungement law. Those sentenced to County Jail pursuant to Penal Code section 1170 (Realignment) are now generally be eligible to apply for expungement after their case requirements have been completed.
Essentially, AB 651 provides discretion to California judges, in low-level non-violent felony convictions, to grant expungements in the interests of justice, in cases sentenced pursuant to AB 109 (Realignment). Expunged convictions can be set aside and the charges dismissed, similar to other expungements.
AB 651 Requirements
1. Low Level/Non-Violent Felonies.
2. Not currently under supervision, not serving a sentence, on probation, or presently charged with a criminal violation.
3. Restitution paid in full.
Limitations of AB 651
1. Waiting period would apply for expungment- at least one year after completion of the sentence.
2. Conviction may still be used in any future prosecution of the defendant.
3. Disclosure requirements (depends on applicable laws).
4. Expungement does not reinstate firearm prohibition.
AB 651 Expungements are generally a more intricate process than typical expungements. Since the standard for granting an AB 651 expungement is “interests of justice,” these motions should be prepared by an attorney, and meticulously document evidence of rehabilitation, accomplishments subsequent to the conviction (academic, employment, community) as well as negative consequences which would likely exist without the expungement.
Copyright © 2016-7 Law Offices of George Kita. All Rights Reserved