Expungement Penal Code 1203.4

7 Reasons why you should Expunge your Criminal Conviction? – CALL 818-590-8294

Arthur Khachatourians has successfully expunged hundreds of criminal convictions throughout the various courthouses in Los Angeles and the surrounding counties.  Mr. Khachatourians has terminated felony probations early, reduced felony cases to misdemeanors and expunged the criminal convictions pursuant to Penal Code 17b, 1203.3, 1203.4, and 1203.4a. Referenced-below are 7 reasons why a person should expunge their criminal conviction

(1) Employment Purposes  – Under California law, an employer shall not ask an applicant to disclose a conviction that has been expunged.  See California Labor Code 432.7 and California Code of Regulations 7287.4(d)(1)(B).

California Labor Code Section 432.7(a) (1) states: “No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or post-trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code.

California Code of Regulations 7287.4(d)(1)(B) – (1) states: It is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning:(B) any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4.

(2) Witness Credibility

The expungement of a felony conviction allows for a witness to testify without impeaching the witness’ credibility by introducing the felony conviction.  Pursuant to California Evidence Code section 788, if a person is convicted of a felony, any party may attack the credibility of the convicted witness by showing in a civil case that the witness is a convicted felon.  There is a propensity of untruthfulness or malice when it comes to a person with a felony conviction. It casts doubt as to the person’s judgment as well as the person’s testimony.  However, the criminal conviction has been successfully expunged pursuant to Penal Code 1203.4, the witness’ credibility may not be attacked using the criminal conviction unless it is in a criminal trial and the witness is being prosecuted for a subsequent offense.

(3) College Financial Aid – A criminal conviction could affect a student going to college from obtaining a loan, grant, or work assistance.  Federal Student loans have strict guidelines regarding the disbursement of financial aid. The expungement of the criminal conviction may help the college student with approval of his application for grants, scholarships, and federal loans and financial aid.
(4) Professional License and CertificationExpungement of your criminal case allows for mitigation in disciplinary matters with the various professional board.  For example, under the board of Accountancy, 16 CCR § 99.1, the board may take the expungement of the case pursuant to Penal Code 1203.4 under consideration for rehabilitation purposes.
(5) Apartment Application – Landlords run background checks before renting. An expungement of a criminal conviction will increase your chances.
(6) Credit Score The three major credit companies have various algorithms regarding credit worthiness. Built into that algorithm, weighs in the persons criminal conviction or other court judgments.
(7) Travel – Certain countries are very strict with traveling.  For example, Canada is very strict with allowing tourist with multiple DUI convictions. If you have a DUI conviction pursuant to Penal Code 23152a or Penal Code 2315b, call Attorney Arthur Khachatourians to expunge your criminal conviction before you travel.
How do employers find criminal records?

Employers hire background search companies to search on lasuperiorcourt.org and obtain criminal records. Once they find a criminal record, they have their runners go to the LA courthouses and pick up the docket.  If the docket indicates that the case has been expunge, the background search company cannot divulge that information to the employer.  Moreover, employers cannot discriminate against a prospective employee or inquire regarding an expunged criminal conviction. (See California Labor Code 432.7 and California Code of Regulations 7287.4(d)(1)(B)).

Common Criminal Code Sections Successfully Expunged Pursuant to Penal Code 1203.4:

Vehicle Code 23152(a) – DUI

Vehicle Code 23152(b) – DUI BAC .08 or above

Vehicle Code 23103.5 – Wet Reckless DUI

Vehicle Code 23103 – Dry Reckless Driving

Vehicle 20002 – Hit and Run

Penal Code 273.5 – Spousal Battery

Penal Code 242 – Battery

Penal Code 243(e)(1) – Misdemeanor Domestic Violence

Penal Code 647(b) – Solicitation for Prostitution

Penal Code 487 – Grand Theft

Penal Code 484 – Petty Theft

Expungement of Infraction Violations Pursuant to Penal Code 1203.4

Certain criminal convictions may be reduced to an infraction or pled to an infraction. An infraction under California law has no jail time and the defendant is not entitled to a jury trial.  Penal Code section 17d and Penal Code 19.8 provide certain code sections that are considered “wobblettes.” Wobblettes can be filed as a misdemeanor or an infraction.  If you are convicted of a misdemeanor wobblette, we can petition to the court to reduce your misdemeanor conviction to an infraction and then expunge the infraction pursuant to Penal Code 1203. 4.  Referenced below are a list of most common infraction convictions that may be expunged:

Penal Code 415 – Disturbing the Peace

Penal Code 602(o) – Trespass

Penal Code 490.1 – Petty Theft

LAMC 71.02(a), LAMC 71.03(d) – Bandit Cab

LAMC 103.107 – Escorting without a Permit

Vehicle Code 12500 – Driving without a License

Penal Code 193.8 – Relinquishing Motor Vehicle to Intoxicated Minor

Penal Code 330 – Prohibited Gambling Games

Penal Code 485 – Theft of Lost Property with Knowledge of Owner

Penal Code 490.7 – Theft of Property from other state

Penal Code 555 – Unlawfully Enter or Remain on Posted Property without Permission

Penal Code 602.13 – Entering Animal Enclosure at Zoo

Successful Expungement Petitions Filed in Los Angeles Criminal Courthouses:

LAX Airport Courthouse, 11701 S. La Cienega, Los Angeles, CA 90045

Alhambra Courthouse, 150 West Commonwealth, Alhambra, CA 91801

Bellflower Courthouse, 10025 East Flower Street, Bellflower, CA 90706

Burbank Courthouse, 300 East Olive, Burbank, CA 91502

Clara Shortridge Foltz Criminal Justice Center, 210 West Temple Street, Los Angeles, CA 90012

Compton Courthouse, 200 West Compton Blvd., Compton, CA 90220

Downey Courthouse, 7500 East Imperial Highway, Downey, CA 90242

East Los Angeles Courthouse, 4848 E. Civic Center Way , Los Angeles, CA 90022

El Monte Courthouse, 11234 East Valley Blvd., El Monte, CA 91731

Glendale Courthouse, 600 East Broadway, Glendale, CA 91206

Inglewood Courthouse, One Regent Street, Inglewood, CA 90301

Long Beach Courthouse, 415 West Ocean Blvd., Long Beach, CA 90802

Metropolitan Courthouse, 1945 South Hill Street, Los Angeles, CA 90007

Michael Antonovich Antelope Valley Courthouse 42011 4th Street West, Lancaster, CA 93534

Norwalk Courthouse 12720 Norwalk Blvd., Norwalk, CA 90650

Pasadena Courthouse 300 East Walnut Ave., Pasadena, CA 91101

Pomona Courthouse North 350 West Mission Blvd., Pomona, CA 91766

San Fernando Courthouse 900 Third Street, San Fernando, CA 91340

Santa Clarita Courthouse 23747 West Valencia Blvd., Santa Clarita, CA 91355

Torrance Courthouse 825 Maple Ave., Torrance, CA 90503

Van Nuys Courthouse West 14400 Erwin Street Mall, Van Nuys, CA 91401

West Covina Courthouse 1427 West Covina Parkway, West Covina, CA 91790

Whittier Courthouse 7339 South Painter Ave., Whittier, CA 90602

Penal Code 1203.41 – Expungement for Felony Jail Sentence Pursuant to Penal Code section 1170(h)(5)

If you or your loved one have been sentenced for a felony conviction pursuant to Penal Code 170(h)(5)(B), and are not serving a sentence for or and are not on probation, call attorney Arthur Khachatourians to evaluate whether you qualify for an expungement.  We will provide the court the additional information along with your petition that serves the interest of justice to expunge the criminal conviction.

Penal Code 1203.43 –  Drug Diversion Record Clearance for Immigrants Facing Deportation or Immigration Consequences

Penal Code 1203.43 allows the defendant to invalidated as a legal error his criminal conviction on the grounds that he or she was not fully informed of the immigration consequences arising from the DEJ, drug diversion program.  By filing a petition under Penal Code 1203.43, allows the disposition to be invalidated and therefore there is no criminal conviction to trigger adverse immigration consequences. Penal Code 1203.43 states, that if the defendant “performed satisfactorily during the period in which deferred entry of judgment was granted, and for whom the criminal charge or charges were dismissed pursuant to Section 1000.3, the court shall, upon request of the defendant, permit the defendant to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty, and the court shall dismiss the complaint or information against the defendant.” If you are facing deportation, removal, or immigration consequences arising from you drug diversion plea, call Attorney Arthur Khachatourians for a defense consultation.

Penal Code 1203.49 – Expungement of Misdemeanor Conviction for Prostitution pursuant to Penal Code 647(b)

If a defendant has been convicted of solicitation or prostitution, as described in subdivision (b) of Section 647, and if the defendant has completed any term of probation for that conviction, the defendant may petition the court for relief under this section. If the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking, the court may issue an order that does all of the following:

(a) Sets forth a finding that the petitioner was a victim of human trafficking when he or she committed the crime.

(b) Orders any of the relief described in Section 1203.4.

(c) Notifies the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and the relief that has been ordered.

Effects of Successful Expungement Pursuant to Penal Code 1203.4, 1203.4a, 1203.41, or 1203.49

Once you have successfully expunged your criminal record, you want to make sure that the Department of Justice records and the FBI records are also reflect the expungement order.  The court clerk is required to notify the Department of Justice which also notifies the FBI regarding the expungement of your criminal conviction.  For employment purposes, you can then honestly answer you do not have a criminal conviction except if you were applying to be a peace officer or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.

If you have been convicted of a felony, misdemeanor, or an infraction and you wish to expunge your criminal conviction, call attorney Arthur Khachatourians for a legal defense consultation.